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    • It could work 2 ways it might make them decide to bail out and withdraw ilast minutef they can't counter it, or plod on and try to wing it on the day
    • Incidentally, if you manage to reach Barclays about this then the best way to attract their attention is to tell them that this is the beginning of a formal complaint which you are taking to the financial ombudsman service. Tell them that you want a complaint reference number and they have eight weeks to respond before you go to the FOS. Tell them also that even if they put an end to the emails and address the problem, you still want to go to the FOS and to the ICO although you may be prepared to reconsider if they offer you reasonable compensation for the inconvenience to which you have been put. I suggest £50. Start the bidding at £75.
    • Wont work I am afraid, at least not in itself. Broadly, a creditor can record a D on a re arranged debt under certain circumstances.   Yes I know, completely unfair, and needs challenging, in court desperately.   I would make your complaint, and when you get the final response go to the FCA ombudsman,   The number is freely available, you ring in the first instance and he will tell you what he needs.   Generally, if you make a fuss they eventually cave in to avoid court action, but it requires perseverance and can take a while.   I think i stated the situation elsewhere on this forum.   @ London. The Section 87 notice is a requirement of the CCA, and has nothing to do with data recording. Although you should check if a warning of filing the debt was issued 28 days before it was placed on the record.   @Andy A notice of correction is a mixed blessing to say the least. All they do is disrupt the initial search from a prospective lender, generally they do not proceed to to examining the account, if the search is "footprint free" the creditor cannot see it without registering the search. 
    • It's unlikely you will be able to stop them – but you should certainly be building up a paper trail of messages to Barclays informing them of their data breach and that they should stop. Do the emails give you any indication as to who the person is? Is there sufficient information for you to contact that person directly? Also I think I would contact the ICO
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Good afternoon, 

 

I hope you are well and staying safe.

 

I am currently in the middle of a long and exhausting conversation with my landlord (I rent a flat), regarding service charges, and have some preliminary questions - I am hoping someone is able to give me some advice:

 

1. The contract does not have a specific are re the lease, it has a (glued on) list of line items, and amounts, and then sections below stating accountant's certificates are needed and some other terms re the service charge.

Does the fact the line items have been glued on have an effect of the validity of the contract?  Under the section that says "Service Charge" a separate piece of paper has been glued on with the table of line items, and the costs to pay for that period.

No accountant's certificate has ever been provided - including after section 21 requests - does this make the demands invalid?

The contract does not split each line item in to what can and cannot be claimed; it is simply a glued on table, with amounts for that particular accounting period.

 

2. Caretaker's salaries are included, but there is nothing in the accounts to show how much is paid out

The salaries cover tall caretakers across the whole business and all properties (spread out across the flats)

As the amounts cannot be evidenced, does this have an impact on the validity of the charges?

 

3. Charges have been included for live-in caretakers rent, council tax and water

As my block does not have a live-in caretaker, am I liable to pay towards these?

 

4. Management Charge 

The landlord has no separate management company, however charges a standard 10%, however this is not in the accounts and they cannot provide evidence of costs incurred.

Am I liable to pay this if they cannot evidence - it works out to almost £500,000 a year across al flats, which I feel is excessive for the list of items they have told me if covers, especially as most of them are standard parts of their business.

 

5. A previous first tier tribunal claim was made for something not directly related to my issues, however, the ruling mentioned the landlord provided no evidence of the caretaking salaries, so they used assumptions with their calculations - these calculations are obvious out of date and a lot lower than they are using for mine. 

The landlord has advised the tribunal used incorrect figures, but I have pointed out the decision was not appealed, and therefore stands.

I know first tier rulings do not set precedents, so I was wondering how this effects the fact that no evidence of the caretaking salaries was produced at that hearing?

 

 

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

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Hi

 

As you are a Leaseholder.

 

I would send them a Subject Access Request simply asking for 'ALL DATA' (that cover whatever format they hold it in whether it be written, emails, digital, recorded calls etc. They then have 30 Calendar Days to respond to your SAR and that clock only starts when you have received acknowledgement from them of your SAR Request. (note it may be extended due to current issue of COVID-19 and restrictions)

 

Also have a wee look at this Leasehold Advisory Service link:
https://www.lease-advice.org/faq/how-can-i-find-out-what-my-service-charge-is-being-used-for/

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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