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    • to be safe i've hidden the upload  to date i can see your pers info on pdf page 25?
    • SO if you refer to the bottom of the order you have the option to set it a side vary or stay it...but involves an application and fee...so I would suggest you get back onto Portsmouth and ask what exactly is the Order for ?   Inform them they have not served any documents on yourself or served a Certificate of service and given the errors of MCOL/ Portsmouth ask the court to clarify exactly what's happening in the claim.
    • I heard a noise downstairs. I had just got out of the shower. Threw on leggings ran downstairs getting dressed, just managing to put my top on. I walked into the kitchen a man all in black with a protective vest on. He had gold numbers on his shoulder’s socks tucked into his boots. I said "what are you doing in my house? Who are you?" He would not tell me. I said "Get out" he refused. Again, I told him to leave. I asked him who he wanted and what address. He told me the address and I said, "THAT IS NEXT DOOR" He called me a liar and said he would not leave he was 2 inches from my face at this point I was petrified. At this point my son came to visit me and opened the door. He asked this thug who he was. He refused to show any identification, I told my son it was for next door. He asked what name and the thug said a name of a person who lived next door but left approximately 8 years ago. My son took a photograph of the plaque next door and showed him. outside this thug stepped into my sons face and said got a problem? Do you want one.? I told my son to call the police and after taking a photograph of the property he walked back to his white van. I spoke with the police who asked me to give the phone to the thug. as I walked towards his van he sped of very fast and I had to dive out of the way, or he would have ran me over. I am not exaggerating I actually have the whole event on CCTV. The police rang me back and said they would not attend as the thug was a bailiff. Is said not for me he wasn’t he was an intruder. I was really mad at the police and said it was a disgrace and that I was not happy. An hour later 2 police officers came and said it was a bailiff and there was nothing they could do. I said to the police get out of my house now. They immediately started to leave. I said why are you leaving?? they said because you told us to. Hold on, so I can tell police officers to leave and you have to go but a bailiff that came into my home when he was in the wrong property and would not leave then tries to run me down, does not have to leave? So, he has more power than you??? I wrote 3 letters of complaint to the Bailiff company they ignored them. I called and they put the phone down. Does this mean anyone can come into my home and the police will not protect me? I am so scared now. I do not like being home alone and lock the door even if I go outside for a minute, then I am scared because I cannot open the door quick enough. I really do not want to live in a world that is not safe. Should the police have helped me. Are people allowed in my house by their mistake with no consequence? If anyone has any thoughts I would be grateful to read them.   TLF
    • Thank you so much. I hope this communication will help you advise me.   I have owned the garage since Nov 2016.    I instructed my solicitor to communicate with the management company. She raised issues regarding the costs, and requested an explanation as to costs. When they failed to respond and were threatening court action I sent a cheque in 2017. The lady (Emma from the pre-action dispute team at SLC) who I spoke to told me she had recieved the cheque and would provide an explanation. Between 2017-2020 I continued to get bills which I forwarded to my solicitors yet I did not get an expanation. Until 02/06/2020 this year when I recieved the following copied below. The issue I had with the explanation is that it talks about the need for maintenance of the garage and no maintenance has ever taken place.  Since that time the bills have escalated from £534 to £2400! (I have also copied the offer from my solicitors which highlights changes in reserve funds etc. Since this date they have acknowledge a small vat error yet still insist on these extra-ordinary charges and fees.)   Is there any possibility as this is in the small claims that they could escalate the bills still further?   Leter of explanation I recieved in June 2020 Our Client has a broker that gets multiple quotes from different sources and as long as they provide the correct legal liabilities and cover, they will of course go for the cheapest option as long as these requirements are met. They of course need liability insurance not just for their contractors but for the people that live on the scheme also. They also need to ensure that the level of cover is correct in case they need to reinstate the building like new in case of catastrophe.   Again the difference in cost could be due to certain liabilities they have to have for the garage if they were to ever having to use contractors to fix it, the superior Freeholder of the estate may also want certain covers in place which again would explain the difference. They of course will look into our policies on an annual basis to try and keep the costs down.   Our Client’s charges do vary from year to year due to the reactive nature of the maintenance done to the scheme, as the managing agent working on behalf of the superior freeholder, it is their responsibility to keep the scheme in a good state of repair, meaning that they have to proactively fix and maintain any issue found on site, which is paid through the service charge. The amount of work, as I’m sure you can understand varies annually, however more often or not as the building/buildings/estate gets older, more maintenance will need to be done to keep the estate in good quality so the costs of maintaining an estate and insuring it, also increases.   Our Client wishes to assure your Client that it is in their best interests to have the interest of the leaseholders at heart, and they welcome a mutual understanding when it comes to the scheme. They will continue to work towards keeping the scheme at the highest level of repair.   Our Client’s current statement of account is attached. Both our Client’s Administration fees, and our fees have been waived, however the balance of £534.53 needs to be paid in full.   Please could you ensure this sum is settled by your Client, as a matter of urgency.     Reply from my solicitors: Whilst you have provided us with copies of your client’s accounts for this property, you have not provided us with a basis for your costs as requested on several occasions. You mention that the allocation of your client’s costs includes the maintenance of the estate and the garage, yet our client is invoiced separately for the service charge to the property and the estate. Can you please explain this? You have also failed to address our following points in your response and would appreciate your cooperation in providing these: 1. your client’s insurance premiums; 2. in respect of the Accounts preparation fee and Audit fee which has been allocated to our client, we consider that the level of work required to take into account the six itemised factors (as stated above) to be completely disproportionate to the costs allocation. Can you please explain why such costs have been allocated to our client’s garage and detail the level of work required by your accountants. With respect to the reserve fund, we note that this is referred to under the sixth Schedule of the Lease however the determination by your client must be reasonable. In accordance with your arrears schedule on 19th July 2017 we refer you to a letter of around the same date (please refer to separate attachment “First Port Letter Re Reserve Fund (July 2017)”) whereby your client stated “We have reduced the annual collection for schedule 2 from £250 to £90 as we feel with the current reserve fund levels this is a more appropriate level. We have therefore credited your account by £53.33.” As we have mentioned previously, there does not appear to have been any maintenance or management actually carried out in respect of our client’s garage which would warrant a departure from the £90 in reserve fund contribution from July 2017 to present. It seems clear that not only should the historic figures be adjusted to reflect this but also that the accounts for future years should be prepared on a similar ongoing basis. Your client’s costs should therefore be adjusted in respect of each of the years in question and for ease of reference we have set out the calculation below: · July 2017 to June 2018, the reserve fund has been charged at £250.00 when it should have been £90.00. Therefore the reduction in your costs for this year should have been £160.00. · July 2018 to December 2018, the reserve fund has been charged at £125.00 when it should have been £45.00. Therefore the reduction in your costs for this year should have been £80.00. · January 2019 to December 2019, the reserve fund has been charged at £265.00 (a 6% increase), when it should have been £90.00 (plus a 6% increase of £5.40). Therefore the reduction in your costs for this year should have been £169.60. This totals £409.60 however taking into account that your client credited our client £53.33 on 19th July 2017, our client has been overcharged by £356.27. We also note that there is a VAT discrepancy in the sum of £36.00 from the arrears schedule sent with your correspondence on 22nd January and 9th March and the arears schedule sent with your email dated 31st March, yet there hasn’t been any adjustment in costs. We are therefore working from your original arrears schedule, that being £1,179.71, minus the £356.27 that your client is attempting to overcharge our client, thus bringing the amount due to £823.44. In the circumstances, it is unreasonable to expect our client to cover the legal costs in this matter. Your client has not been forthcoming with the information or explanations requested on several occasions. We are of the opinion that had your client been forthcoming your legal costs would not have amounted to £336.50. As a gesture of goodwill, our client is prepared to offer a reasonable contribution towards your client’s costs in the sum of £150.00. In the absence of your client’s insurance premiums, an explanation as to the costs for the Accounts preparation fee and Audit fee, and an explanation as to how the management fee has been calculated without any management of the garage actually taking place, we are mindful that these allocated costs are likely to be inconsistent with what would be deemed reasonable in the circumstances.        
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Hertz instructed debt collectors to get money for a clutch I didn't break


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so... I am back again :) 

 

quick recap: I rented a van using Hertz; the clutch burned out after only 6 miles; Hertz tried to get £850 from my c/c (thankfully I used a virtual one); a debt agency sent me a letter asking to pay £1000+ that ignored.

 

30 days ago I requested an SAR to Hertz and, so far, I have not received anything (no via post nor via email). As far as I know they are obliged to fulfill my request and I don't want to send them a reminder. Can i open a complaint to the ICO? do you advice me to to that or should I wait more time?

 

Thanks,

 

L.

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As you are not out of pocket, I think I would do nothing about the breach of data protection regulations – but simply store it up so that if they come back at you, then you can raise the issue and challenge them.

Did you get any information about inspections et cetera? You received a response to one SAR. What did that produce?

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I received a SAR from BVRLA and it includes an email trail with Hertz about my case. Few points I noticed:

 

[...]

This is the only image we have of the clutch. The clutch condition report unfortunately was not uploaded to the job
because it was sent to Chris Ward who is currently on furlough.

 

But as you can see from the condition of the clutch cover and the lining on the friction plate it has been shredded off
the rivets of the plate. This kind of damage would not occur under normal driving conditions.

[...]
Concluding summary statement based upon cause of failure. Reference should be made to the time frame in which the damage / failure occurred

 

It is likely that the clutch has been misused but it is not possible to provide a time frame. The final
failure of the clutch drive plate is likely to have been sudden.

[...]

 

I asked, together with the SAR, a detailed report of the van before I rented it but I didn't get any response (yet).

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Well this is an excellent disclosure. It makes it clear that they have no idea of the timeframe. They talk about misuse – which is clear that it must've been misused and of course importantly they make it clear that the failure of the clutch plate would have been sudden. Well that's to be expected but also it suggests that there was no reason for you to suspect anything until he actually went.

I suppose that it's a bit like dying. You can have an illness for weeks but the very moment of death is going to be sudden. One second you're alive – the next second you're dead.

I think the information you have here doesn't prove anything for them at all and of course it would be for them to prove their case – not for you to disprove it.

Very interesting that they're not able to get the clutch condition report. It's amazing that it wasn't uploaded and that they sent the sole copy to this person "Chris Ward". I wonder who that person is.

Anyway, even more, I think that there is no particular reason to worry even if they pick it up again and start to chase you – which I suppose is fairly likely

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  • 3 weeks later...

hey... I am back again.

 

I just got an email from the debt collection agency

 

(SkandicInkasso - http://www.skandiconline.com/) asking the following:
 

We ask you now to pay the claim of 1,230.12 € quickly, within 7 days (until 12.11.2020).

Due claim:

Main claim: 1,001.53 €
Interest: 44.09 €
Costs: 184.50 €
Total: 1,230.12 €

 

Do you suggest to ignore this email altogether or to reply telling them I won't pay unless they take me to court?

 

Thanks,

 

L.

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I think it's probably best to reply to them so they don't think that you are an easy kill.

I think you should go and tell them to do something very rude to their grandmother

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You can also tell them that your dispute is with hertz and you are not prepared to have any further correspondence with them.

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who is their stated client 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Apart from the fact that it is French, I'm not too sure that I have gathered the significance of it

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only the client can do anything and that would have to be a uk claim.

can't find any at all for these supposed car hire debts.

 

block and bounce all mails

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was looking on their website and I found:

 

[...] SkandicInkasso can be of assistance in monitoring the debtor with its long term surveillance system. [...] from https://www.skandicinkasso.de/en/products/legal-debt-collection/

and [...] Common garnishment of accounts and wages is here possible, as well as furniture execution, the registry of equitable mortgage and the blocking of other assets like life insurances and properties [...] from https://www.skandicinkasso.de/en/products/compulsory-execution/.

 

They are based in Karben, Germany. Can they really do what they are saying on their website?

 

 

I am curious to know what information they have about me... I might send them a SAR

Edited by lupin3d
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They would have to start off with a judgement in the UK.

I hope you're not starting to get rattled by this

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doesn't matter what 

37 minutes ago, lupin3d said:

They are based in Karben, Germany. Can they really do what they are saying on their website?

 

no never in the uk with or without a judgement..

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

I am posting here another update just for future references and keep track of what's going on :) 

 

SkandicInkasso (SJ inkasso GmbH), the DCA, sent me another email:

 

Dear Madame, Dear Sir,

we are commissioned by Hertz UK Ltd. Carrental to collect the outstanding account balance.

At this time, we have neither received a payment nor have we gotten a response to the letter sent on
. Your account is now 101 days past due and you owe a total of 1234.77 €.

 

Please get in touch with us immediately and please submit your payment of 1234.77 € by 06.12.20.

 

We would like to help you quickly remit payment to avoid any actions that could damage your credit rating or future credit limits with you or your company. If there is a reason you are unable to pay in full, please contact us on our web portal:


https://www.skandicinkasso.de/en/debtor-login

Case No.: xxx
Password: xxx

Please pay this amount today, to our bank account:

All payments shall be made to SkandicInkasso (SJ Inkasso GmbH)

Postbank, Germany
SWIFT / BIC: PBNKDEFFXXX
IBAN: DE90440100460869716460

with the ref xxx


You can also make your payment by credit card directly to Hertz in €: www.hertzonlinepayments.com/GB/en

Use this invoice number ( xxx ) “Do only enter the numbers” to pay the full amount 1234.77 EUR = 1082.89 GBP
Please do not forget to send us the proof of payment, you will receive this by email after the payment is processed)

Important:

If you decide to pay by your credit card we kindly ask you to inform us by E-Mail: ( Info@SkandicInkasso.de) so that the file is not referred to our local collection agency.

[...]

 

 

Obviously I am not going to pay but I was wondering if it's worth trying to reason with them and explain that, even if they take me to court, there is no way they can win. Any idiots can agree that, even if you are the worst driver in the whole universe, it's impossible to burn down a clutch after only 6 miles unless the previous driver drove like a maniac.

 

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you should be blocking and bouncing all email addressees

just a free way to harass people.

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Quote

Dear Sir/Mdm

Thank you for your letter of XXX date reference number XXX.

Just so then we understand each other, there is not even a snowflake's chance in hell that I am going to pay you any money or to your clients.

I'm not responsible for the clutch damage and it is naïve of your clients to say so and it's naïve of you to take up this case on their behalf.

If you want to begin a legal action in the English County courts then go ahead.

In the meantime, I would point out that I requested a statutory disclosure of personal data from your clients on XXX date and they still have not complied.

Maybe you would like to deal with this breach of statutory duty by your clients.

Auf wiedersehen

 

 

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And by the way, I'm not kidding.  All of it

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