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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
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DMP with Stepchange since 2015


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Hi All,

 

After having received some excellent help with a Parking charge Notice, I started to explore the site and realise I've been had like a kipper with my debts.

 

Long story short, my wife and I built up significant debts and in 2015 payments became unsustainable at which point after being declined for a consolidating loan with our bank (NatWest), they informally suggested contacting StepChange. We did this and have been on a DMP since October 2015 which we have paid every month since.*

 

*We've not made 2 payments in that time, both were agreed with StepChange and were so we could use the money to cover short term issues (car repairs)

 

I want to get these sorted/cleared as we'd like to move next year (or when the defaults have expired) and details of our debts are attached.

 

Defaults started in December 2015 and should be due to start falling off from the end of the year (which is why I'm trying to get on the front foot so we're in as good a position as we can be for when they do eventually disappear).

 

I haven't made any inroads into CCA's yet because I've sent SAR's to all the original lenders first, there's two reasons for this, first I want to pursue charges (as I suspect I may be able to get some of the outstanding amounts written down to the point of being gone) and second because I'm concerned about some of the default dates being incorrect.

 

For instance, the loan originally from NatWest was managed via the DMP at the same time as all the other debts (including credit cards from Natwest), the CC's have a default date of Dec 2015,  but the loan is May 2016 (I don't have the default letter, hence the SAR request).

 

Not sure if this is relevant, but there are two debts that have been cleared - a student loan with Erudio and another NatWest overdraft that was being managed by PRA. Also, the Barclaycard debt has never been defaulted (not sure why?!)

 

Any and all advice will be gratefully received!

 


PRA Group 31/05/2016 16/11/2012 Natwest loan £5,800.27
Wescot - Cabot 22/12/2015 17/08/2011 Natwest CC £1,922.63
Link Financial n/a 23/05/2013 Barclaycard £1,872.30
Wescot - Cabot 22/12/2015 12/03/2010 Natwest CC £1,487.52
Cabot Financial 22/12/2015 22/06/1998 Natwest CC £1,122.27
PRA Group 30/06/2016 17/01/2012 MBNA £1,004.50
PRA Group 31/07/2016 17/07/2006 Natwest OD £23.16

 

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god you paid erudio...you mug! had blind over a student loan you most probably never owed...

 

send everyone a CCA request (not to wescot but to the debt owner) 

 

can we have take out dates please 

 

pers i'd cancel the step change DMP now.

  • Like 1

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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Posted (edited)

Thanks for the reply dx, I know I've been a total mug, but the plan is to try and put that right 😀.

 

I think the take out dates should be there, for clarity, the headers for the table in my first post are:

 

Current debt owner; default date; start date; original debtors; remaining balance.

 

I've asked for copies of the original agreements in my SAR requests, but will send formal CCA letters.

 

Just to be clear I CCA the original debtors not the current owners?

Edited by holmer444
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SAR 's dont have to include CCA's

but those you have sent to the original creditors i will hope....?

 

what they hold is immaterial and you keep to yourself.

 

the CCA request (s) should go to the DEBT OWNER NOW...i'e the DCA's, but not wescot (use their clients name) as wetcloth do not buy debts only chase for clients.

 

if the debt owner does not hold enforceable paperwork i'e the SIGNED agreement, then you owe nothing till they comply.

 

i will guess by the forum you've used and the title of your thread you've been reading a few threads in this debt self help forum...get reading a few more and the jigsaw pieces and questions will soon be answered.

 

dx

 

  • Like 1

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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SAR's have all gone to the original creditors, I will draft CCA's and get them sent to the current debt owners.

 

I have been reading a bit, absolutely appreciate any and all guidance, but know you're busy people and don't have the time to do this for me so have tried to do as much as I can myself, now at a point where I'm fairly sure of the journey, just need a little guidance. 

 

Will keep you posted on what happens next...

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  • 1 month later...

Started to receive some SAR's back , although NatWest are proving particularly problematic, I've made two requests, one for joint products taken out by my wife and I, one for products solely in my name.

 

The response for the joint SAR has come back and only contains information relating to our mortgage and contains no details of a joint loan or joint bank account despite account numbers for both products being listed within their SAR correspondence (they literally appear on one page that details other account numbers, but there's no other information on any of them).

 

I've heard nothing on the single application and it has now been greater than 30 calendar days, should I be reporting this to ICO?

 

On another note,

I'd appreciate some help with a default issue I'm a little frustrated I've not been able to figure out for myself.

 

As per my original post I had a credit card with MBNA and the debt has been subsequently sold onto PRA. In my SAR response from MBNA, they never defaulted me on this debt before it was sold on to PRA,

 

upon receipt of the debt PRA have automatically defaulted me, can they do this?

I've never taken out a credit agreement with PRA so are they able to issue a default against me?

If not, how do I get this removed?

Is it a case of just contacting the credit reference agencies?

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it can't hurt to ring natwest and ask where the missing data is, there's usually a phone number quoted on the SAR reply cover letter.

 

as for MBNA, they would have defaulted you on or before sale to PRA. They must do this as part of sale process, else the debt buyer has no legal legs under section 87 of the CCA. you are correct that a debt buyer cannot issue a default notice.

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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Share on other sites

Thanks dx. Weird thing is, I don't ever recall receiving a default notice from MBNA, there's no default notice in the SAR correspondence from MBNA and there's no default registered by them on my credit file (only one from PRA). Whereas with some of the others, e.g. NatWest, there's a default registered at the date they sold the debt on (from NatWest) and then also one from Cabot Financial (who they sold the debt onto).  

 

My wife has a similar situation with a Barclaycard, according to her credit file they've never defaulted her, there's no default notice in the SAR correspondence, but this one is slightly different in so far as Link Financial (who the debt has been sold onto) have never defaulted her either (credit file shows a 'debt' that's being serviced).

 

My frustration is that I specifically requested default notices in my SAR requests as I was confused by the dates of some of them on my credit file and wanted to x-ref...

 

Hang on, scratch that, I was only checking my Experian report, having also checked my Equifax report MBNA have defaulted me, no default on either report for my wife though?!

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its not weird, it's just you've to date either not been reading up as self help as you should or are getting confused.

 

when a debt is sold it must have been defaulted - else the debt buyer is up the creek latterly ever trying to enforce it.

you can have 2 entries for the same debt, but that doesn't mean its hurting you score twice.

 

ideally what should happen is the entry concerning the original creditor simply gets re-named to the debt buyer, they 'inherit' whatever the OC has done, but it shows now under their buyers name. 

 

CRA providers want to make themselves oh so important to you, so will often leave the old entry and create a new one...wow you've got problems..go fund our mates at the various debt orgs and get scammed into paying money blindly to them....

 

as long as the registered defaulted date in the debt summary is not changed by the debt buyer then thats all you have to check, you ignore the monthly calendar section, that immaterial and only you and the debt owner can see it, it plays no part upon your score, or shouldn't.

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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