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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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HSBC (personal account)


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Hi,

 

does anyone have an unauth APR figure for HSBC personal current account?

 

the closest i can find is 16.6% from their website but this seems too low ...

 

also, an address where to send the prelim letter?

 

thanks.

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  • 2 weeks later...

i am using Mindzai's spreadsheet to work out my charges and interest, but how do i add the £20 per month + 16.6% contractual interest as it adds the contractual but i cannot edit the fields to add £20 pm?

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  • 8 months later...

update ...

 

i claimed charges of £726 plus interest from a balance of £1400.

 

after July, HSBC sent a letter stating the account was on hold due to the test case.

 

later they offered £600 in full and final settlement and i had 2 months to accept or wait until the test case was over, which i declined as i was asking double that. They said the payment would come off the balance.

 

i have now received a letter from HSBC saying they sold the account to Phoenix Recoveries (UK) Ltd S.a.r.l and they Phoenix have appointed Fredrickson as their servicing agents.

 

fine, i say, that means Phoenix have now bought the debt for an account which HSBC is meant to put on hold as per test case and have said as much.

 

at the same time, i receive a letter from Fredrickson stating they have acquired this account from Phoenix acting on behalf of its compartment Tessera. They also state they are administering the account and that they are now the Data Controller as defined by the DPA and that they have the same rights to pass the data to CRAs as HSBC did.

 

so i rang them to tell them the good news that the account was already in dispute. Fredrickson told me that they are the owners of the debt and they have sent me a notice of assignment as required by law.

 

so, the question is who is really the owner of this debt?

 

Phoenix who HSBC say they sold the account to, Tessera who Fredrickson say Phoenix was acting on behalf of, or Fredrickson who say they are the data controller and owner of the account but again they and HSBC say are acting as an agent only?

 

I have had no letters from Phoenix or Tessera, who i suppose would have to let me know before selling? it on to Fredrickson?

 

Both the HSBC and Fredrickson letters are dated the same day.

 

advice please as HSBC have done this on another account as well, which was also on hold due to the test case.

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The letter they sent in July re the account being on hold, did they state the account was on hold? If so then they should not have done anything with the debt until after the test case!

Do you still have the letter? If so can you post the details on here?

 

 

.

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Fredrickson are agents for Phoenix who bought the debt from HSBC.

CAN YOU CLARIFY SOME POINTS PLEASE?

 

1. The balance of £1400 you mention, what is this?

 

2. Have you actually had any payments from HSBC?

 

3. As freaky said was it the account or the claim for charges that was put on hold?

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The letter they sent in July re the account being on hold, did they state the account was on hold? If so then they should not have done anything with the debt until after the test case!

Do you still have the letter? If so can you post the details on here?

 

I got the standard letter re charges complaint on hold due to test case.

 

When we claim charges back from an account, doesn't that automatically put the account into dispute? Can they then sell the account with a full balance as it will not be clear until after the test case what the actual balance should be?

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Fredrickson are agents for Phoenix who bought the debt from HSBC.

CAN YOU CLARIFY SOME POINTS PLEASE?

 

1. The balance of £1400 you mention, what is this?

 

2. Have you actually had any payments from HSBC?

 

3. As freaky said was it the account or the claim for charges that was put on hold?

 

1. The balance of £1400 is what i owed HSBC on this account. I have a CCJ which Moorcroft got me when they were collecting. When i did a CCA request they sent the account back to HSBC and i made a claim for a charges refund. They did not ask for any payment towards the account or offer any payment plan.

 

2. HSBC offered me £600 when i asked for nearly £1,200. They said accept within 2 months or wait until the test case is over.

 

3. I suppose the claim for charges was put on hold but that would dispute the amount of debt which includes charges and is the amount they have now sold on.

 

Also, what happens to the CCJ which HSBC have on me, because now that they have sold the debt there is no longer a balance with them so the CCJ should be removed as they are not the owner anymore?

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You have received a letter telling you the complaint (claim) is on hold and not the account! It does not automatically freeze the account when you make a claim. The account is in dispute is as far as you are disputing the lawfulness of the charges but leagally they do not have to freeze the account.

If you have defaulted on the account then they may well be within their rights to pass/sell the debt on.

I will have a look around and see if I can get some clarification.

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I will have a look around and see if I can get some clarification.

 

OK.

 

What do you think of the CCJ and what i should do as it would be satisfied when the account is sold and HSBC cannot carry on having it in their name because they don't own the account anymore. I don't think a CCJ passes to a new owner like a default because the court made a judgment for HSBC not the new owner. Should i apply to the court for a removal or ask HSBC to remove it/send me something?

 

As for ownership, should i not have got a hello letter from Phoenix/Tessera and Fredrickson seem to be confused as to whether they own the account or only manage it, in which case they are not the data controller and cannot default me.

 

HSBC state they sold it to Phoenix who have appointed Fredrickson yet Fredrickson say they bought the debt from Phoenix but also manage it on behalf of. Both letters dated the same day.

 

I received another letter dated 1 day after that HSBC would like to discuss the account in more detail with me re my claim for charges after i stated 'hardship' and to complete the enclosed form. So they've sold the account but also want to look at my claim.

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I will get back to you on the ccj issue. The fact that hsbc want to discuss the claim in not unusual even if they have passed your debt on as your claim is against them.

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I will get back to you on the ccj issue. The fact that hsbc want to discuss the claim in not unusual even if they have passed your debt on as your claim is against them.

 

OK, thanks.

 

Also the fact that HSBC sold the account to Phoenix/Tessera who seem to have sold/assigned it to Fredrickson on the same day? At least the new owner is meant to tell me they have bought the debt etc otherwise what right did Phoenix have to sell/assign it to Fredrickson, who seem to think they also own it as well?

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So if HSBC have said the claim for charges are put on hold and as im aware the £1400 owed is made mostly up of charges then any legal action brought against you should also be put on hold.

 

I agree entirely.

 

When was the CCJ?

 

The CCJ was a few years ago, but does it matter as HSBC don't own the account anymore so it should be removed.

 

I was going to apply for a set aside anyway (soon) as HSBC's POC stated 'amount due on an account regulated under CCA 1974' then when i asked for a credit agreement they said there is none as it is was current account.

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Whoever claims to own the ALLEGED debt must provide proof of as in a Deed of Assignment.

 

Yes, i spoke to Fredrickson today and the guy was rude and wouldn't let me talk. In the same sentence said they had bought the debt and also said they are managing the debt. When i pushed which one it is he got stroppy.

 

Fredrickson claim to own it and also manage it on behalf of Phoenix, who have never sent me anything so i don't know how they had/have any right to pass on to Fredrickson.

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As far as the ccj is concerned, if you clear the debt concerned within 30 days of the judgment you can have it removed, otherwise it stays for 6 years.

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As far as the ccj is concerned, if you clear the debt concerned within 30 days of the judgment you can have it removed, otherwise it stays for 6 years.

 

Hmmm, OK.

 

So if one clears the debt within the 6 years it will still stay on as an outstanding debt?

 

As HSBC don't own the account anymore, how can they have a CCJ showing i owe them £1400? Shouldn't it at least show as settled, like defaults are?

 

Confused ....

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The CCJ stays regardless who owns the debt at the mo.

You have a case that the amount is made up entirely or mostly of charges, has this CCJ caused you to take any loans at higher rates.

 

 

 

If you paid the amount CCJ can be marked up as settled.

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Can I have my judgment removed from the Register?

You can only have your judgment removed from the Register if:

• you paid the full amount due within one month of the date of the judgment; or

• the judgment is set aside by the court. (This means that the judge has withdrawn the judgment, either because it is wrong or so that you can defend the claim.)

If you paid the amount due more than a month after the date the judgment was given, the entry will remain on the Register for six full years. But you can have it marked ‘satisfied’. This will show anyone searching the

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Here is a link to the full document on CCJ's.

 

More about how CCJs are kept on record (PDF, 174K) (opens new window)

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If you paid the amount due more than a month after the date the judgment was given, the entry will remain on the Register for six full years. But you can have it marked ‘satisfied’.

 

Exactly, so i have to get HSBC to show it as satisfied as i no longer owe them any debt, or claim compensation under DPA for incorrect data processing.

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Did you pay the ammount ordered in the CCJ then?

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Did you pay the ammount ordered in the CCJ then?

 

I didn't pay it. Either the CCJ is right and i owe HSBC an amount for that account, or they no longer own the account so the CCJ has been satisfied by the DCA who bought it.

 

They cannot sell the debt and have an active CCJ in their own name.

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