Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds


You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds



BankFodder BankFodder


BankFodder BankFodder

  • Tweets

  • Posts

    • the 5.1 is better for that solo from jeff   if you go that way again get pictures of all the signs inc the small print where they are  and the machine ones. and the view from the public road 
    • Hi dx100uk,    OK will do, I'll wait for that possible stage to come and keep this updated when I can.   I didn't buy a parking ticket.   Kal   ...       Way off topic but I love your profile pic, gonna listen now and allow Jeff Beck to send shivers down my spine in his epic WGW P3 solo ✌️    
    • Apologies, misunderstanding on my part. I was thinking of a shop called Cotswold. Please ignore me.   HB
    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.   Arbitration confirmed that the claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
    • time for an sar first make sure you read all the posts in the sar link too.   dx  
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
      I’m so stressed,
      can u appeal this or should I just accept it?
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies

Ex-Management Company withholding documents and funds

Recommended Posts

Please somebody help as I'm tearing my hair out.


I'm one of 12 property owners in a small private freehold development who collectively employed a management company to look after the running of the communal aspects of our development. This worked for a few years, but then turned sour when they doubled their fees. So collectively we owners and the management company both agreed to end the contract, and the company agreed to return around £1200 of disputed fees, plus any money left sitting in the 'kitty' (not sure how much as they hold this data), plus handover all of the documents/accounts/statements etc so that we could self manage.


It's now 6 months since the contrat ended and we're still waiting for the money, accounts, statements, etc, despite monthly calls, emails etc. They just keep saying it's being processed and will be 'soon'.


I'm not sure how to proceed. I can't really send an LBA for the money as I don't know the exact figure they owe us (as they hold all the records of who paid in what and how much was in the 'kitty'). Also, because the contract was terminated I'm not sure how to enforce the handing over the documents/accounts/statements etc they hold that we need.


Any advice appreciated. Thanks.

Share this post

Link to post
Share on other sites

Well clearly there was a fiduciary relationship here and I think that you are probably looking at the possibility of an action for Account of Profits – which is an action which you would have to start under part eight of the County Court procedure rules. You need to be aware that this means that it wouldn't fall into the small claims costs rules and that if you lost the case – which seems to be unlikely – then you would have to do pay your own costs and the other side's costs.
However, more troubling is that there is a possibility that the management company could go into liquidation in order to avoid various liabilities.

Is this a well established management company? Have they got lots of clients? Have they been around for a long time? I suppose it is probably unwise to put their name up here on this thread at the moment – but maybe you could send me details of them in confidence to our admin email address and we might be able to find some background information which could be helpful.

You say that you are one of 12 property owners. Are you all private individuals or are you part of a company? I have to say that it would probably be helpful if you were in a company because it would be easier for one entity to commence an action against this management company rather than having to try to coordinate 12 individual actions.

There are other strategies that come to mind – but one would need to be concerned about overwhelming the management company so that they decided simply to evaporate and leave you with very little – and maybe even having difficulty getting hold of the documents that you require.


Share this post

Link to post
Share on other sites

Also - read this

Group Litigation Orders

Share this post

Link to post
Share on other sites

Thanks for the info BankFodder.


The company is large and well established, they wouldn't dissappear over a few thousand pounds. Likewise, their size comes with a level of chaos and disregard for customer service. Eg it took months to dispute and disolve the contract as their staff turnover is so high we would be dealing with a new manager each month who didn't really care about sorting it out. And all the time they kept bulldozing us with more spurious charges and wouldn't answer straight when we questioned them, in the hope we'd just pay them. It was exhausting, which I think is a tactic they use a lot to just do what they want as most people just give up and pay up.


The 12 of us are shareholders of a company yes, but it's just a shelf company to facilitate management of our development, so we have next to zero assets other than what is being withheld (if anything) by the management company.


I have to say I feel nervous of the cost risk of County Court action. They are big enough to drag it out until it just 'goes away'.

Share this post

Link to post
Share on other sites

Okay. You have to understand that I'm feeling my way here – but your company arrangement sounds very convenient in the circumstances. What happens to the company that has to go into liquidation? Presumably it doesn't own the flats so nobody loses anything. Presumably the contract with the management company is with your own company comprised of the flat owners as shareholders.

On that basis your company could happily get involved in litigation with the management company – and lose and simply wind itself up and leave the management company empty-handed. Obviously the litigation would have to be funded but it could be funded by way of loans by the individual flat owners to the company which could then be repaid if you litigation succeeded.

You keep down your own costs by doing the litigation yourselves – and between 12 you there must be at least a couple of people who have the confidence and the energy to conduct litigation on behalf of the others. I'm assuming that you are all of one mind on this.

Individually, the management company must be carrying some details about you and I think I would start off harrying them a bit by getting each individual flat owner to send them an SAR and see what happens. Apart from anything else, you might find that there is some interesting material revealed – or you might find that there is material which should be there which isn't – and that itself could be interesting. Of course the management company might not respond within the 30 day SAR. – In which case they are in breach of their statutory duty and that would give you an immediate right of action which would be simple and would fire a warning shot.

I suppose I'm thinking of guerrilla tactics here and I think the best thing to do is to try and conduct short sharp campaigns – but also I think eventually you will need to go for an account of profits. When I say "eventually" I mean in short order. If you were instructing solicitors then you would find that there would be a protracted exchange of correspondence which could take anything up to 6 months or more. I don't think you need to hang around like this. As you would be acting on your own behalf, I would expect that you would enter into a ten-day correspondence and then a 14 day letter of action and then issue the papers.

I think that they would be rather taken aback at the speed at which you are acting. It's the management company based far away from you?

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...