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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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have done i 'll start doing the mcol if i need help i'll let you know, probably will what will happen know when i file my claim how long have the bank got and what normally happens

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hi again took your advice and nearly finished but something has bothered me my toatlcalim including the 8% interest is £4841.94,with the costs of £120 total claim would be £4961.94 if i add interest which i work out to be 86p per day please correct me if i am wrong!!!(not sure i have calculated corect as i am not claiming any overdraft interest) if the bank doesnt settle within about 40 days then my claim may go above the 5 grand threshold for the small claims what would i do then

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  • 3 weeks later...

just received a letter from yb solicitors saying that they are not willing to refund charges and offer £200 in full and final settlement attached an acceptance form

what do i do with this obviously im not accepting just them to court today as not had the money before now

should i just not reply yo this letter and continue with court

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  • 3 weeks later...

Usually they have 28 days from acknowledgement of service to subit a defence. I have just had that happen - they waited until 3 days before end of 28 day limit. I have been told that I just wait to hear from court and I will be send an Allocation Questionnaire which I will have to fill in and return so that a hearing date can be set. Not looking forward to it - despite re-assurances that YB are notoriously bad in settling until they are pushed into a corner.

 

Have a read through some of the success stories - they will cheer you up and give you some good ideas for how to prepare. They will also help you realise you are not alone in dealing with these barstewards. If it hadn't been for this site and the fact YB owe me almost £7000 I think I would have given up.

 

Keep going - it will be worth it and think of all that money in your account and the fact that you have stuck two fingers up at YB

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Yeah - I was almost tempted to give up when I had to decide whether or not to go to court but they owe me too much. What decided it for me was the strange transactions that I noticed on my statements whilst trawling through for the charges - like a £32,000 loan that I have never had.

 

Keep me posted - from all the stories I have read YB are the worst for leaving things til 11th hour - including making full payments less than 30 minutes before court hearing.

 

Just concentrate on the fact that if they have to go to court they will have to reveal the true cost of their service and they are trying to avoid this at all costs because it is nothing like the penalties they inflict on us for being overdrawn.

 

Keep going and keep posting.

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  • 2 weeks later...

still not heard anything just a letter from yb stating that from now on thier solicitors will be sending all correspondence

just so i have it reight they have 28 days from day of service which is 5 days from date of issue 30th may

the date of service is 5th june so that would make it the 3rd of july they have till

when this is do i do nothing and just wait to hear form the court

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  • 1 month later...

hi not been on for a while jost got married 2 weeks ago been very busy

nothing seems to be happening with my claim the last i have heard is about 2-3 weeks ago the bank sent a defence to the court saying they were defending all the claim and a copy of there defence

a week later i got the same thing from the court with a letter saying that there were 2 options but but ii thought the next step would be the AQ but i have not heard anything

no having seen the news and read the paper about this test are all claims going to be put on hold until this has been done

anybodys help please getting quite stressed out with this it will be just my luck that they'll decide no one can have any more charges back

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Congratulations cabsi - did it myself two months ago after living with toyboy for 19 years - he's not much of a toyboy now but he'll do.

 

Take heart - I am in court on 12th September - AQ dispensed with and have only been allocated only 15 minutes for hearing. Was worried about this but Caro says it may be because courts are now getting wise to YB's stalling tactics and not having it anymore so are cutting down opportunities for them to stall any longer and only giving short hearing times as they are not turning up to defend themselves in court so court won't waste hearing time on them any more.

 

Hopefully this is correct. Haven't heard how test case went today so result of that may give us better idea of how cases will go in future.

 

Keep going - we will win - they owe us and have done for a long time.

 

Jenni

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cheers just been reading on abbey website and it say it could take upto a yearand also that banks maybe able to put claims on hold until resolved

do you mean that they no longer bother with the AQ

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Seems to be growing trend to do away with AQ's - seems to be a way of saving courts time.

 

reading threads on this site - would appear to be a current trend as there are now links to site saying what to do if AQ is dispensed with and how to proceed.

 

Not sure what will happen with test case - apparently could take a year before there is any decision and it only seems to be about whether or not banks should disclose their real charges.

 

Am hoping that banks will not be able to get a stay of judgement until test case decision.

 

Could do with my £7000+ back now.:(

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do you think i shouldcontact the court as i have heard absolutley nothing from them. one of my mates who is claiming has also heard that with this test case goingon somepeople are contacting their banks direct and some are settling or making decent offers. wether this is true or not i dont know. on one of the other threads i ve been following from lloyds they had a court date and called lloyds direct and they settled in full over the phone intrest costs and extra

maybe worth a try

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yeah so ive heard trust me to have one of the most difficult banks.

dont know how they can even begin to think that they can justify their charges £35 for returning something then £8 a day and the a further £25 each month how could anyone believ it costs this much to return a cheque or dd. i might try and contact them but like you say probably get ignored anyway

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