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    • So they have not actually issued a Court claim yet ? If they did that, then it would enable you time to seek advice, defend, go through mediation and then come to an affordable repayment arrangement. They are just trying to frighten you into finding ways to come up with money to pay them.   In regard to Solicitors/legal fees, you would need to check the leasehold agreement, which should include details of the ground rent/maintenance arrangement with a management company. The leasehold agreement you sign may make you liable for reasonable legal fees incurred by the management company.    If you can afford to pay the ground rent element, then that might be a sensible thing to do and pay this to the management company directly.   Do you have financial breakdown information showing how much is ground rent, what the maintenance fees cover, how much is management companies fees etc? You are entitled to this information, so should ask the management company for it.   Have you contacted your local Council Authority about help available ? Depending on your financial situation, there may be help available.  Government  have provided Councils with extra money to help those who have suffered financially because of Covid. There are discretionary Housing funds that you can apply for.          
    • 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.    
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vodster
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i'm up to registering my claim through the court. Have tried to do it online but there is no where that i can see where you get exemption fees for been on benefits am I better doing this with the other forms. also do you have any idea which court in liverpool I take this form to if i have to go down this line

 

 

 

one messed up head scouser :(

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Hi

 

I went to the court in person because I wasn't paying for fee. Am on working tax credit and child tax credit. If you look up local county courts on website, you will find your nearest one and also on there, there will be a form to fill in EX160 (i think) - this is an exemption form that you will in to take with your N1 (i think again - claim form).

 

When you take both forms in - you only need one copy of exemption form (3 of the other with a schedule of charges). You will also need to take photocopied documents incl originals of the benefits you are intending to use so as not to pay..... NOTE : the court said when I went that you had to be in receipt of both work AND child tax credit to be exempt. If you have other benefits ie : income support etc, then that should be fine.

 

Hope this helps. Look on my thread (search vintage72) and I have listed there the process I have taken.

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Hi Vodster,

 

The address is

 

Liverpool Civil & Family Court

35 Vernon Street

Liverpool

Merseyside

L2 2BX

England

 

Phone No' 0151 296 2200

Good luck

Joe

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thank you all so very much.I have done all forms and waiting on my new tax and child creits award letter as my other one was ended april .hopefully this wont be long.

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Hi again Vodster

 

Dont wait for your new award. I didnt have mine - i filed my claim mid April.

 

When I went to the court - I had my old awards and they turned me away saying I needed the new one. I said they hadn't been issued yet and she went to get advice and said a bank statement was fine as long as it showed the money still coming into your account from the tax credits.

 

Thankfully I happened to have a statement that had arrived the day before in my bag and it showed my payment coming in. They took a copy of this and accepted that.

 

Just take your old awards and a recent bank statement showing that you are still getting the money.

 

Good luck with it.

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