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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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Reply from hsbc


molly1959
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Thanks was a shock cause i am only 48. I have told hsbc we can't clear overdraft only resonse is you will keep incurring charges wont repeat what i said to that:D Was told they will close account they can as we have opened another and hubbies wages go in there.:)

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Molly, don't give up on this! Get the application for removal of stay letter done and ready to send as soon as you get confirmation from the court!

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Hi just looked my daughter started her claim 2 days before mine i have had a letter saying being transfered to local court. She has not heard anything since notice of acknowledgment which is dated 28 june is this right.

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The courts are so busy that you may get a delay in any corespondence from them.

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She could always ring the court and ask what stage they are at with her claim.

They're usually pretty helpful :)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Hi

 

Rang my local court today like they said. they said it is being sent to small claims court, i will receive doc about this in next 10-14 days will have to pay £100 pound then. I asked about stays she said they are still doing claims that are already in the system.

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Don't know for sure but sounds promising!

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Can you get any more details ffrom that lady? Just so we can let others know that all is not lost?

Claim number and ammounts and stuff like that. It would be really helpful!

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Can you get any more details ffrom that lady? Just so we can let others know that all is not lost?

Claim number and ammounts and stuff like that. It would be really helpful!

 

Will ask my daughter she wont see her till next week.

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Ok thanks molly! If she can speak to her sooner then all the better!

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Hi my daughter received this letter today from mcol what happens if they don't reply in the 12 days?

 

County Court Bulk Centre

2nd Floor, St Katharine's House 21-27 St Katharine's StreetNorthamptonNN1 2LH

DX 702885 Northampton 7

T 0845 6015935 F 0845 6015889

[email protected]service.gsi.gov.uk

Minicom VII 0800 358 3506 (Helpline for the deaf and hard of hearing)

www.hmcourts-service.gov.uk

 

 

 

Friday, 10 August 2007

 

 

Claim Number: Your ref:

 

 

 

Dear Sir/ Madam,

I am writing in relation to the above claim number.

We have received a defence from the defendant but unfortunately we have misplaced this. In order for us to transfer it out we need a copy of the defence.

The defendant has been given 12 days from the date above to respond. If they fail to do so you may have the option of entering judgement.

I apologise for any inconvenience that this may have caused.

Yours Faithfully

 

Natalie Higham

MCOL Correspondence Section

Find more information about Money Claim Online at:

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Hi molly. If they don't reply then you can try for judgement by default. Wait until the time is up and see what happens.

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Hi i have received this letter but doesn't say anything about the £100 fee.

Also what do o have to send to the court and hsbc?

 

Notice of Allocation to the Small Claims Track (Hearing)

To the Claimant's Solicitor

Sandra Edwards

 

In the BIRKENHEAD County Court

Claim Number

Claimant

(including ref.)

 

Sandra Edwards

 

Defendant

(including ref.)

 

Hsbc Bank DX 712630 BIRMINGHAM 32

 

Date

 

10 August 2007

 

DISTRICT JUDGE TRAVERS has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 10:00 on the 27 November 2007 at Birkenhead County Court, 76 Hamilton Street, Birkenhead, Merseyside, CH41 SEN and should take no longer than 10 minutes.

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

 

Each party shall deliver to every other parly and to the court office copies of all documenfs~IincTuding any experts' ~ report) on which he intends to rely at the hearing no later than 14 days before the hearing.

The original documents shall be brought to the hearing.

 

Notice - Small Claims Hearings

 

In order to utilise judicial time effectively this small claim has been listed with a number of similar cases at 10.00am.

The order in which the cases will be heard is only determined on the day, taking into account various factors such as attendance and urgent matters which may take priority. Every effort is made to ensure cases listed at 10.00am are heard before 1.00pm but in exceptional circumstances it may be necessary for parties to return at 2.00pm.

 

 

 

Date: 10 August 2007

 

Notes

 

 

you cannot, or choose not to, attend the hearing, you must write and tell the court at least 7 days before the date of the hearing. The district judge will hear the case in your absence, but will take account of your statement of case and any other documents you have filed.

 

If you do not attend the hearing and do not give notice that you will not attend, the district judge may strike out your claim, defence or counterclaim. If the claimant attends but the defendant does not, the district judge may make a decision based on the evidence of the claimant only. Leaflets explaining more about what you should do and what happens when your case is allocated to the small claims track are available from the court office.

 

The court office at BIRKENHEAD County Court, 76 Hamilton Street, Birkenhead, Merseyside, CH41 SEN is open between 10am and 4pm Monday to Friday. When corresponding with the court nlease address forms or letters to the Court Manager and quote the claim number. Tel: 0151 6665800 Fax: 0151 6665873

Produced by: DLEVINGS

N157 Notice of Allocation to the Small Claims Track

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Hi Molly, Looks as if they're asking for a 'court bundle'. http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html (Courtesy of Lateralus)

 

If your claim is less than £1500 there is no AQ fee. If more and they haven't notified you I would just ring the court to confirm 'no fee' and get the name of who told you.

 

Come back if you need more, if it's not me, someone will get back to you.

There's always help on this forum.

 

I would still wait a bit to see if they default on sending in the stuff they've been asked for - if you have the option of entering judgement ,it could save you a lot of work.

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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the fact that it has now been allocated i would presume means that the allocation fee wasnt payable. you could double check that with a call to the court but im sure the judge would have requested the fee before proceeding if it was due.

 

looks like you need to prepare the court bundle by 13 nov. from how ive read it i think its the full bundle but not sure as its only a 10 minute hearing.

 

someone else will double check that PLEASE :)

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Hi Molly, Looks as if they're asking for a 'court bundle'. http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html (Courtesy of Lateralus)

 

If your claim is less than £1500 there is no AQ fee. If more and they haven't notified you I would just ring the court to confirm 'no fee' and get the name of who told you.

 

Come back if you need more, if it's not me, someone will get back to you.

There's always help on this forum.

 

I would still wait a bit to see if they default on sending in the stuff they've been asked for - if you have the option of entering judgement ,it could save you a lot of work.

 

Ok thanks thats my daughter claim who has got to wait and see if they get the stuff back on time.

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the fact that it has now been allocated i would presume means that the allocation fee wasnt payable. you could double check that with a call to the court but im sure the judge would have requested the fee before proceeding if it was due.

 

looks like you need to prepare the court bundle by 13 nov. from how ive read it i think its the full bundle but not sure as its only a 10 minute hearing.

 

someone else will double check that PLEASE :)

 

Hi thanks for your help will wait and see if anyone else can tell me what i need to send.:)

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