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    • What the administrators are saying is that unsecured creditors, as you are for the £807, will receive nothing. If they used the £807 to reduce a different debt you owe to Unclebuck that would be the the same thing as paying you £807. Legally and financially reducing a different debt by £807 is exactly the same thing as paying you £807 in cash. The administrators are not allowed by law to do that. Frustrating for you I know, but the Administrators are correct.
    • The repossession people didn’t even knock on my door, I was home with my 2 children we would of heard, They took my car with bank card, shop keys and valuables in which I needed, if they had of knocked I would of sorted the money while they were there.    I will check bill of sale when I am back home will it be original one or should I have got another one?    as the paper work I have certainly doesn’t match. I did agree to lower amount but expected new paper work to sign which never come.       
    • yes sorry i was confused that you had managed to get anything out of the administrators. we've not seen that and was surprised by it read that way.   your credit file is clear Conexus Recovery and Field Services Ltd - can be totally ignored. 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..
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    • 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 evening everybody, could do with a bit of help please?

 

I own a holiday home on a park with a long leasehold which is subject to a service charge every year. Unfortunately due to having terminal cancer I have not been able to maintain these payments which are paid by letting the property throughout the summer.

 

Last year the park owner closed the park completely from March due to the Covid pandemic and has demanded service charges for items which should not have been incurred during closure.

 

Today, I have received court papers to repossess the property following the non payment of the service charges. There is no mortgage on the property, I paid cash for it. Please can anyone advise on this matter?

 

Thanks in advance

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Hi Vic and welcome to CAG

 

It gets quieter here over the weekend so please be patient.

 

If you live in England or Wales, read this thread - https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-court-claim-issued-in-england-wales-what-you-need-to-do/

 

 

Follow the instructions, copy the Q's and paste them to a post below and give your answers.

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I find it difficult to imagine that they actually want to "repossess" the property. Presumably there is nothing in the lease which says that service charge debts are automatically secured on the property.

You haven't told us anything about the value of the property as opposed to the value of the service charge which is being sought.

To a certain extent it's outside my experience – but it seems to me that this would fall under the heading of an ordinary debt. Of course if they obtained a County Court judgement, then they might eventually be able to enforce it against your assets – one of which would be the holiday home.

So I think you ought to give us a bit more detail and also post up the claim form in PDF format please

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Hi sorry for the delay in responding

 

You say you have a holidsay home on a park with a long leasehold.

 

Could you clarify if this is a Park Home which is basically a static caravan/mobile home on a a specific area within that Park which you pay different charges for due to your lease?

 

Couple of links for you:

 

https://www.gov.uk/government/collections/park-homes

 

https://www.legislation.gov.uk/ukpga/2013/14/contents/enacted

 

 

 

 

 

 

 

 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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

Please Donate button to the Consumer Action Group

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  • 3 weeks later...

Guys, an update to the above and some questions if I may:

 

The property is one of 49 Chalets on a holiday park and as the owner, I am obligated to pay an annual Ground Rent and Service Charges.

 

The claim is for 3 years ground rent circa £300 and 3 years Service Charges circa £6000. 

 

However, the lease and the Claimants Solicitor says the charges are a 49th of the total sum of costs to the Landlord but the amount he demands are only a 24th of the total.

I asked the Landlord via his Solicitor in 2017 to clarify how his demands are calculated but to date have still not had a reply.

 

In the Claimants bundle there is mention of a Section 146 Notice being served on myself but I've never received it and there isn't a copy of it in the bundle, will this affect his claim?

 

Also, am I right in thinking the demand for ground rent must be in a prescribed format before it can be enforced?

 

Thanks in advance everyone.

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