Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Just to give another view of the NHS and GPs - two GPs probably saved my life last year.   I'd been extremely ill, no appetite, significant weight loss, not taking enough fluids.  Wife took me to A&E.  Terrible experience.  After four hours told my wife to take me home.  She said "told you this was a mistake.  I'll get you an emergency GP appointment tomorrow".  Saw a GP Registrar (essentially a trainee GP) following afternoon.  She was very concerned and asked a colleague for a second opinion.  Second GP was horrified as soon as she saw me, and said "You ought to be in hospital".  She told the trainee to arrange to have me admitted to hospital and just over two hours later (after my wife had driven me there) I was in bed on a medical assessment ward.  Stayed in hospital for a week and was only discharged because they needed the bed.   I was going to complain about my A&E experience (I think the triage nurse must have screwed up my triage assessment) but a week after I was discharged, I had to take my wife to A&E as her optician thought she might have a detached retina.  It was about 5:30pm on a Saturday and the place was full of injured footballers and rugby players.  It was much busier than it had been on the Monday afternoon I'd been there, but my wife saw a doctor in 20 mins and we were out in 40 mins.  I decided that sometimes you're just unlucky...
    • Many households heated by oil are stocking up on cheap fuel during lockdown. View the full article
    • I keep an eye on the NHS board because I'm a former NHS manager.  I saw this thread started years ago and thought I'd have look.   I'm sure it's purely coincidental, but when I got to #61, it reminded me of a different poster on a different thread from last year.  They aren't identical, but the way things are expressed are remarkably similar.  (eg 20 min wait - ask receptionist - Drs are very busy - wait another 20 min - ask again - receptionist checks computer - says Dr has refused to see you because of complaint 2 years ago - transferred to another GP who expresses "shock" at other Dr's behaviour - vague and confusing references to a "justified" complaint.   Maybe it's just me, but they seem remarkably similar, although the other thread is missing a 2014, 2016, 2017 backstory.     layla_83   As others have already said, there seems little point in complaining now about issues that stem from things that happened in 2014 (and 2016?).  If you wanted to complain to "put the system right", you should have done that six years ago.  Even if the original GP is still about, they won't remember any of it, so there will be absolutely no opportunity for them to learn any lessons from it.  And the fact that the original GP did not want to see you (or rather your mother) because you (she) had made a complaint against them two years ago most certainly does not mean that the GP remembers anything from 2014, it just means that you (or your mother) are flagged up on their system as a "complainer".  As I asked a year ago, why would anyone be unhappy because a GP they had previously complained about refused to see them?  You should be relieved!!!  You say the GP should not take the complaint personally, but if I were a GP I would not want to treat anyone who has made a complaint against me.  (And if you are connected to that other thread, you should have complained to your local CCG or the GMC by now).   You were going to send a letter of complaint to the practice in 2017, so why only now complain about their response?  Did it take them nearly three years to reply?
    • Hi JeelyM and welcome to CAG   1. Do you have the details of the person you bought the bike from.   2. Did you go to their address when you bought it.   3. Did you pay cash for it or what other means.   4. Did you pay the full market for buying the bike.   5. What did you pay.   6. Give us make and model of the bike please.
  • Our picks

    • View this quiz Employment status during COVID-19
      What do you do if you’ve been told not to come to work due to the current crisis.  Watch the video here or on the Youth Consumer Service Instagram page.

      Did you learn anything? Do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 0 replies
    • One Parking Solutions - Damning judgement. Read more at https://www.consumeractiongroup.co.uk/topic/421148-one-parking-solutions-damning-judgement/
      • 66 replies
    • View this quiz Coping with extreme hardship
      Life can be tough when you're entering the world of work and in the present virus crisis, things are even more difficult.

      Watch the video below or go to the Youth Consumer Service Instagram page . Afterwards, you can see if you've understood the points which are being made by taking the quiz.
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
    • View this quiz: Pre-pay meters
      An explanation of how some gas and electric companies offer emergency quarantine support.

       
      Watch the video here – or go to the Youth Consumer Service Instagram page and watch it there. Then come back here and do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 6 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
robinjw

property managing agent -Metta and PDC over Ground Rent debt - Is A 'Pre Action Protocol' A Legal entity?

Recommended Posts

I have two companies chasing one debt.

 

1. I began paying arrears on company 1 original debt in January, and set up a plan for a monthly payment thereafter.  I informed them of this via email.

 

2. In March I had a letter from a new debt collection company -lets call them Company 2 -to collect the same debt. They call it a 'Pre Action Protocol' in their document threatening court and adding on £250 for the letter and their instruction from Company 1 as charges.

 

3. Company 1 who are still getting payments now, want me to liaise direct with company 2 so they can accept my payment plan! 

 

4. Ive told Company 1 to stop being so stupid, and that I wont communicate with Company 2 on a debt already being paid and that its clear they have made a clerical error on. Company 1 have acknowledged my lump sum payment and continuing payments via a revised bill in an email today.

 

5. Company 1 claim they sent me a letter to set up a payment plan in March- even though I was already paying them monthly) which they say was dated at start of corona lock down- but I didn't receive it.  At the time of their letter I had paid off a lump sum and was continuing monthly payments. They claim that it was sent to debt collection because I didn't respond to their request for a payment plan.

 

6. Company 2 state I have 30 days via their letter to reply to them.

 

Do Company 2 have any legal standing at all?

This is utterly ridiculous, sending something to debt collection when its already being paid off.

Should I even bother to write back to them?

I feel its an excuse for them to extract more money for no reason.

Share this post


Link to post
Share on other sites

Hi robin

 

What is the debt ? ...who are DCA 1&2 ? and have you received a Notice of Assignment in connection to this debt advising that DCA 2 is now the legal owner ?

 

If you could answer the above we can unravel the jigsaw and it will all become clear.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hi,

its not a Notice Of Assignment.

Its just a 'letter of claim' sent on behalf of the originating company who is a property management agent.

 

Its not any of the regular DC companies.

The debt is in regard to a property service charge.

 

I am already paying it off monthly, it will be paid in full by August at the current rate of payment.

Im worried about naming people on here, as another company which I have a pending court case with, stalks my messages.

Share this post


Link to post
Share on other sites

I didn't say it was a Notice of Assignment.... I asked if you had ever received one in connection to this debt and  has it been assigned to DCA 2 ?

 

DCA 2 cannot issue a Pre Action Protocol notice or Letter of claim if they are not the legal owners of the debt..

 

 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

if it's a letter of claim it can't be a DCA it must be a solicitor acting for their client ..who is?

probably PDC DCA involved in the loop too...

 

quite safe to name names, just because Link use unethical threats and stalk people don't think they all do too harass debtors.

 

dx

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

 

They state it is a 'priority debt' and I can risk losing home etc. They dont say what they are in the letter - its not stated tat they are solicitors or a DC just that they are persuing on behalf of the managing agent. Their client is the property managing agent -Metta.

 

I looked up the collection people -property debt collection, on companies house, no mention of them being lawyers and their web site states they are PDC Law, but the letter does not.

Regardless, Ive already paid more than half the balance off and I cannot afford another £250 for them just to send me the letter with court threats ( not that the courts are working properly now anyway!). It will be paid in full before they can get it to court.

Share this post


Link to post
Share on other sites

retitled and moved to residential forum.

 

was there a reply pack with the PAPLOC? wanting I&E etc etc

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

yes there was reply pack.

However, I was so incensed at the debt letter I did scrawl over it that its being paid already. ( oops! )

There is no case to answer as arrears were paid in January.

 

service charges are taken twice yearly- Jan & June.

By May payment the bill for Jan-June will be paid in full.

By June next service charge bill  I'll be in front with payments, with only two to go to be paid in full.

 

I planned on sending a letter stating the facts to the collections.

I feel they are using it as n excuse to add more charges.

Share this post


Link to post
Share on other sites

Just to come in here – what basis have you been repaying this money by instalments? Is this something that you undertook yourself or was it as a result of an agreement?

How long have the instalments been going on for?

These questions are important because if there was either a definite agreement or if the instalments have been accepted over a period of time then it is fairly safe to say that there was a binding agreement to accept the instalment plan and if you have kept up with it without missing a single payment, then frankly they have no basis for recovering the money through court action.

Please address these questions.

Also you've been asked to issue dealing with – you should do it. You should let us know all the details of everyone. As long as you are straight dealing, there is nothing to worry about. It will help us and it will help others to have the identities of the companies or collectors that you are dealing with


Share this post


Link to post
Share on other sites

you need to check your tenancy/deeds carefully

some allow for additional debt collection charges others do not.

 

use our search there are numerous threads here about PDC.

 

you should not be ignoring the reply pack and should suitably reply within the 30days from the PAPLOC or should they instigate court now or at a later date, it could harm you not to reply to the PAPLOC .

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

OK will try to be succinct.

 

Old prop mgmt agent acting behalf of RTM company messed about last year with bills and could not get all 4 leaseholders to agree on their charges.

 

I paid first half of year and was awaiting news re remaining bill. At end of year had letter stating they were stepping down.

 

January 2020 new agent in charge.

Bill for whole year sent, plus arrears.

 

Service charges are due twice yearly, not in one lump, as per the lease.

They billed for whole year.

I queried it.

 

In the meantime I had some emails requesting payment.

In January I decided just to pay the arrears in one payment ( plus an extra £100 on top as part payment for new charges, ) and set up a monthly standing order to pay the rest.

 

The payment was set to start in Feb, but for some reason the bank didnt pay it until march,

I rectified it in March by paying that one one plus one extra.

I informed them of this.

 

Payments have been accepted and they have sent a revised statement this week showing such

- after I sent them proof I had paid 3 times already.

 

Come June, I would be fully up to date with all previous bills, they should then send the June - December service charge bill.

They keep insisting on payment asap.

 

In March whilst payments were going on and after the lump sum + 2 payments had been met, they say they sent a letter requesting a payment plan even though one was already in place.

I did not get that letter.

 

In March they sent it to the sols for debt collection

- I got a letter from the sols + their own £250 charges stitched on.

 

I have not replied to them yet.

I have replied to the agent stating I won't be paying via the sols and that payments are still set to continue.

 

Ultimately, even with the new service charge coming in June, by August the bill I will be paid anyway.

I feel their demands are totally unreasonable, given no-one can work at present anyway.

 

I have a letter prepared for the sols in reply but i'll wait as long as possible before sending as I have 30 days to reply and by then all arrears will all be paid, plus part of the upcoming bill.

 

The lease is very old and there is no mention of debt collection charges at all.

It states the lease service charge is paid in advance at end of June and end of Dec every year.

Share this post


Link to post
Share on other sites

Based on what I said yesterday ( above in last post) am I on safe ground to write to sols and tell them there is no claim based on the fact money has been paid / accepted before claim was sent to me by them?

Share this post


Link to post
Share on other sites

read me

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Thank you DX.

 

Ive checked the PRS register and there is no record of the named property agent,  however a postcode search on the register found an agent called BM at that postcode address.

 

Further checking of BM, it seems they are small letting and sales agents.

No record of Metta on the the UKALA web site, even though the web site for the agent prominently shows the logos of these.

I searched by name and postcode only too.

 

Do I mention this to them or keep it simple re payments?

 

So my points are:

1. first bill sent January including last years arrears.

 

2. I paid large lump sum off in January, and set up a payment plan monthly for rest, informed them of the plan

 

3. Payments were accepted by them, but they did not acknowledge them until AFTER they sent it to debt collection in March, nd after I had sent proof to them of the payments

 

4. By April they had accepted 4 payments, and 2/3rd of total years bill is now paid

 

5. no mention for debt collection/ extra fees allowed in the lease

 

6. I have received ONE yearly bill. Lease states to be billed twice yearly in advance Jan 24th - June 24th + June 25th -Dec 25th.

 

7. Debt collection appointed on 26th march, plus their additional fee of £250 ( for being appointed and sending 1 letter.)

 

8. Second half bill will be fully paid by August even though its not due until end of June.

Share this post


Link to post
Share on other sites

After I replied to the agents as above,

I have now received an email stating they wish to go ahead with a court case,

 

their basis being that as I didnt sign a form stating I would pay in installments,

even though I had already paid three installments including the lump sum,

prior to them being instructed,

and at that point half the yearly bill had been paid.

 

To date two thirds has been paid off.

 

Ive not replied yet and they have not sent a court claim.

The whole bill will be paid by August anyway,

 

this is plainly ridiculous aggressive behavior from the 'debt collectors'

 

So far they have sent one letter with an additional £250 fee on it for 'their costs' and a couple of emails in reply to mine.

 

As an aside,

the managing agents are refusing to allow me to buy my freehold share ( there is a RTM) in place,

and are only offering lease renewal.

 

They state I must pay their surveyor fee of £750 first.

Surely that's not legal either?

Share this post


Link to post
Share on other sites

you ideally should be blocking and bouncing all emails now and stating all comms should be in writing only to XXX address..

I doubt the email says WILL anything and is not from a solicitor, entitled letter of claim?

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

 Im not replying to anything unless it comes in the post or from the court. The original letter stated:

Letter Of Claim Persuant To Pre-Action Protocol For Debt Claims

Original letter sent in late March at which point 50% of the full bill had been paid off before they were instructed. They state its arrears they were claiming from previous year, but I paid those in early January so the acct was not technically in arrears. They have basically included this years new bill and last years arrears, and called it all arrears.

The new years bill was only sent in January, which I started paying off in March, prior to PDC instruction.  Agents were aware of it. PDC say they have a claim because I didnt sign the installments paper. They are now threatening enforcing the lease-IF they win a case which has not even started yet.

 

QUOTE from their email:

This letter is our notice of intention to start court proceedings in accordance with the pre-action protocol for debt claims. You have 14 days from the date of this letter or 30 days from the date of us receiving the reply form whichever is later, to make payment in full or provide details of how you can and will be discharging this debt to our client. In the event we do not hear from you or payment is not made our client has instructed us to pass this case to solicitors to issue proceedings.

As you are aware, this property is subject to a lease and our client is contemplating its enforcement options once they have obtained a county court judgment, one of which is seeking possession of the premises. Other options available include county court bailiffs, high court enforcement officers, a third party debt order and an application for a charging order.

 

Forgot to say- was sent via administrator as a pdf attachment in an email, not via post

Share this post


Link to post
Share on other sites

DO I not reply to this email (above post)? Its pretty threatening.

Share this post


Link to post
Share on other sites

o what, it's a free way to harass you which you should never have given them. or refused comms by this method ages ago.

you should know all this from you link thread already.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

I dint give them my email- the agents did. I replied via letter. God, I am heartily sick of threats by debt collectors. Its very wearing.

thanx DX

Share this post


Link to post
Share on other sites

:rockon:


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...