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    • Hi Bankfodder thank you for your interest and your comments.   There are issues with ground rents AND service charges. In my case, non residential, not eligeable for Tier 1 tribunal so there is no possibility of holding the leaseholder to account for unreasonable service charges because of the loophole below. Even if it is residential see Richard Barclay and others quoted in the article above. You win the case about unreasonable costs yet have to pay the leaseholders court fees for loosing their case! Criminal!!!   From the article I quoted above.  'The Times reported that last year leasehold owner Richard Barclay successfully recovered £1,200 of a £10,100 service charge from the management company in respect of his central London Flat. But the victory soon turned sour when Barclay was hit with a bill for £61,300 in legal fees by Quadrant Property Management who takes care of the building.   The loophole is contained in the majority of leases which typically allow freeholders to recoup their legal costs from leaseholders, even if the freeholder loses the case. There is no parallel right for leaseholders to claim costs back.    
    • The online retailer wants to buy the brands, not their shops, suggesting any deal would cost jobs. View the full article
    • I have gone through nearly the whole sar return, it is very large. I am confident to say there is no mention of a default notice within it. 
    • Change Zoom to Online as Zoom is only one platform, and they might use another, it has become the accepted terminology, but best not to refer to a specific platform.  Otherwise looks good The rteal devil of Simon's claim is that he is trying to imply a contract that depends on a Prohibition for Consideration, And its one sided as the person he is binding has no benefit from the contract, apart from paying £100 for the privilege of stopping however briefly.  a nanosecond, a minute 30 minutes kerching that'll be £100 or else.  Simon has also invoiced cars stopped at a Zebra crossing with people crossing at an airport.
    • When she rang BT did she just "mention" about cancelling her Bb contract or did she actually tell them to cancel it?   I've just renegotiated my Bb contract with BT (I know they're useless but I can't be bothered doing too much work to look at any other provider) and I've managed to save money plus they are meant to record 'phone calls and I know (because I spoke to several different call handlers over two weeks) thatthey take very accurate notes of their conversations with customers.   She needs to find out if she actually did cancel the contract.  (I'm sure others will suggest doing a SAR).   Also what sort of contract did she have with BT?  Presumably it included Bb, mobile phone and Sky?  If the contract had just renewed, BT should have emailed her confirming contract details including duration, how to cancel and cancelation fees.  They've just done this for me for the contract I renegotiated two days ago.   EDIT:  It's not clear, but are you saying she's been charged £800 cancelation for Bb or are you saying shae hasn't paid them £800 she owes on her phone?   She ought to be able to look at her BT account online to see what she owes and how her bills are made up.  
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Tobes v Egg


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Tobes

 

just a thought, if you have anything prepared i would take it with you. If the judge asks a question and you have all the information with you no problems.

 

It would be bad to be asked a question about your case and not have the actual figres to hand.

 

JMHO

 

Glenn

 

PS and it will probalby show that you have a good idea what youre doing to if its all ordered and youre ready to go as it were.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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if youre struggling to know what to put together there is an example bundle list in karnevil vs abbety and jonni2bad has a list in one of his threads too i believe.

 

HTH

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Good luck for Tuesday Tobes, I'm soon gonna start a claim against egg myself, as soon as i've finished with a couple of others. It looks like its gonna be hard work, but at the end of the day i don't see how they can justify their charges.

 

All the best

lee

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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Hi Tobes, have not got round to docs. yet. If you want me to e mail just say the word. Best of Luck, goes without saying. Yasmin

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Just to say good luck for tomorrow..am just getting my acct numbers etc and will be sending off my SAR to Egg this week....

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

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Just tell him, HI from the CAG group and we should all hopefully keep him out of the office and travelling through the UK for the considerable future!

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

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lol well I'm back from the Court!

 

The judge was very pleasant and helpful and not at all intimidating.

 

Egg weren't there, and she said that they were meant to have been conducting the conference by telephone, but they didn't call so it was just me and the judge lol The judge didn't seem too concerned by this though

 

She said she wouldn't at this stage by ordering standard disclosure because she thought it disproportionate, which was a bit of a blow because I know that Bookworm's judge ordered it, but oh well

 

Anyway, her order was that Egg should within seven days send to the Court their draft directions, i.e. what they want to happen and that they also send details of any other claims against them in my Court, or if not, then neighbouring courts so that the claims can be consolidated!! This may mean that I'll be seeing some of you guys at a later date!! It also may mean that I might have to travel to another court :( but it's certainly an interesting turn of events...

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Well done Tobes...shame she didn't grant standard disclosure. That is interesting, about the neighbouring courts thing. Guess you'll just have to wait now then.:rolleyes:

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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  • 3 weeks later...

I phoned the court because I'd had no word for a while and apparently Egg has requested that the judge's order be set aside and that their be a Case Management Conference...If they are given it I shall be extremely peeved because there has already been a bloody CMC but they failed to attend or phone as they had indicated they would...It just seems like they're stalling and that they don't care about doing anything the court requests and that the court doesn't care either...

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  • 4 weeks later...
  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 5191 days.

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