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    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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Ronpig Vs Barclays


ronpig
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Thanks for that, I was a bit dimm and didn;t actually perform a search first! I have also found this, however my question now is who is the best person to phone.

 

I haven't got a court date (

In fact I haven't even received Barclays defence yet?)

will this matter? Can I still ring them?

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I have been brave and fired off an email to Dino. He seemed to get rave reviews in the Barclays Litigation team forum. I basically said I originally estimated the charges excluding Interest, now I have my statements I have an exact figure would you like to settle (Exlcuding interest). If not I said that I would amend my claim and WOULD include interest.

 

You never know!

 

Less than a minute later he replied saying that Krysta Campbell was dealing with my claim and to have a good weekend.

 

We will see If I hear anything else

 

Fingers crossed.

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Great lucky you , i would say Krysta Campbell is probably the best one at Barclays litigation team.

She is lovely very friendly and helpfull. If you need to phone her, she is probably the quickest at responding

 

Good luck :p

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I have completed the Charges spreadsheet that you can download, if/when Krysta asks for the charges schedule should I send her the whole spreadsheet or just the "Charges and Interest" and the "8% Interest" worksheets?

 

Thanks

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Don't hold back Ronpig, send the lot!

 

You're not 'pushing it' as you say, - we have all claimed the 8% interest once the claim got as far as MCOL. I think this is a statutory right. If the boot had been on the other foot.......well, they'd have had it from you!

Nemo me impune lacessit

 

 

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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How to make a claim

 

How to make a claim

 

Page 4 of 8

Interest

 

You can claim interest on the money the defendant owes you. If you want to claim interest, you must include it in your 'particulars of claim'. Write your claim in the following way:

'The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [put in the amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest].

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So its been a week since I emailed Dino (Last Friday 15th June), who then forwarded my email to Krysta. I have fired a number of emails to them to find out if they would like to settle out of court, but hadn't really heard anything.

 

Yesterday (Friday 22nd June) I received a letter explaining Barclays defence. Seemed like the standard one most people have had.

I still have not received a court date!

 

Now if hyperthetically I received a letter of the full amount that in it said

"By accepting the offer, you also agree that the existence of the offer remains only between us"

 

I would be very happy indeed. In this case I am not sure if I can update this thread any further. Would I be right??

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If you receive an offer for the full amount BUT it has conditions attatched to it you are within your right to crossout the conditions that you are not happy with ie confidentiality (B's have come to expect this anyway - espacially from members of CAG) its also your right NOT to notify the courts with a notice of discontinuance until you have the cleared funds in your account . :)

 

saint

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