This topic was closed on 11 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

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

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

THIS is why I always take a photo of receipts with my phone. As it's set to backup photos to Google Photos, all I need to do is type the word "documents" and hit search - Brings up every receipt I've ever stored. Plus, no problems with losing/changing phones as it's all still there.. Mike

Thanks for that, what I was trying to find out was if they can only charge a "reasonable" fee that reflects the actual work they do, a bit like when we all started our charges claims years back, I recall some wording from the initial letter along the lines of "please provide details of all interactions carried out in relation to returning/authorising payments, and the associated costs" or something like that.. Mike

Hi all, not posted for a while, but got a "bee in my bonnet" with Barclays of late.. It concerns their £30 "referral fee" on our business account.. Basically, money gets paid into our account every day, apart from Sun & Mon, from credit card receipts. Now, strangely, the "debits" got applied before the "credits" meaning the account would momentarily show as overdrawn occasionally, by a few £. I must add that no payments from the account have ever been "returned unpaid" and that we don't use cheques. Doing all of my banking "online" and "paperless" it wasn't until I received the first "end of year summary" last year, that I realised I had been charged not only the £6.50 per month "account fee" but also in the region of £1200 in "referral fees" of £30 each time. I made a complaint to Barclays, and they refunded the fees without protest. They also "admitted" that there was a problem with the mobile app and the way credits were applied after debits, telling me they "are working on it, but do not know when it will be resolved" They also offered me a "fee free £25 buffer" to prevent this from happening. Anyway, long story short, and I've been charged 3 times this month, so my question is - Can they charge more than their actual incurred costs for this "referral fee" I think that £30 is excessive, but do they have to tell me the actual cost? Regards Mike

Ok, so still wrangling with the council on this, they have now, almost 2 years later, sent it to Rossendales.. it's on hold and I've yet again sent them solicitor certified copies of the original tenancy agreement which clearly states that tenants were responsible for council tax.. . Notwithstanding this, I've been reading a couple of similar threads on here, namely THIS ONE and THIS ALSO with interest, now I've noticed member tomtubby has mentioned in both of them, a "VTE Case" which apparently makes short work of these things. I've pm'd said member, but noticed he/she has not been online since Feb, so was wondering if anyone could shed a little light on this? Thanks Mike

Well, They have just revisited, and were extremely threatening to my Wife, who was in the shop today whilst I took the kids to the school Xmas fare.. They said, "If you don't open the door, we'll use a sledgehammer on it!" She rightly, called the Police.. So what did they want? Their fees, namely ; £90 compliance stage fee (letter never received) £275 Attendance fee £121 Sale fee (no goods were seized or sold) Police attended, and even though my own Solicitor spoke to them, they told the Police that they had only received part payment on the last visit, which is a blatant lie, as they have received nothing from me, as I paid the Landlord directly. Long story short, when I got there, I had 2 bailiffs, 4 police officers and a very busy shop, police advice was they thought it was enforceable, and they would only step in if there was a breach of the peace... So I paid by debit card on the spot... My question is, how can they charge a sale fee when nothing was taken/seized or sold? Also, my understanding of CRAR is that it can only be used to recover the rent arrears, and nothing else? This is backed up by this from the HCEO/Sherrif's website.. Mike

Cheers for that - I presume they will be well aware of this themselves? Do I need to worry that they'll just go for a default judgement? Mike

Ok, Reply to CCA received yesterday, from Cabot - They state "We acknowledge your request, but unfortunately do not hold the documentation you require" before going on "We will now request the documents from the original creditor, and respond within 40 days" I thought they had 10 days to respond, plus a little for post? Mike

No letter or "Notice of Enforcement" was received, if it had of been, then I certainly would have been on the phone to the LL when it was. Mike

Bell-end sums it pretty accurately! Mike

Oh, didn't explain the "Celebrity" bit lol.. It was this, erm... "Couple" that attended...... And whilst "Mr Stupid Sunglasses" was waiting for me to arrive, he was outside asking the kids and customers coming into the shop "have you seen me on Can't Pay, Won't Pay?" I actually heard him whilst reviewing the CCTV.. Sorry, but how sad a person do you have to be?? Mike

Yup, CRAR came into force this year, so whilst on one hand, I've been "lucky" that the LL accepted payment, I do think that his doing so was partially due to the outstanding maintenance issues... Mike

Cheeky beggar.. The bailiff himself has just called me to ask if the money, including his fees has been paid... I answered that I have dealt directly with the Landlord and do not need or wish to speak to him, before ending the call.... Mike

Cheers for the other replies too guys/gals - Hopefully this will spur him on to complete the repairs! Mike

Cheers Andy - That was my thinking, TBH I am seriously annoyed with the Landlord too, fancy taking that sort of action instead of just speaking to me and assuring me repairs would be done, mind you I'd probably not believe him based on past repairs.. I've just had the Landlord on the phone, he reckons the bailiff company are pressing him for payment, I've told him that's his problem as he instructed them, and I don't owe any money now. I take it, that even if he chooses to pay their fees, I can't be held liable for them? Mike

We have a shop which is rented to us on a 15yr lease. We've now been trading for more than 2yrs, having had the keys for around 30 months. Upon first moving in, we noticed problems with the roof, as in water leaks in several places when it rains heavily. This was reported to the Landlord several times, and so called repairs have been carried out, several times too. However, over 2yrs later, the roof still leaks, and quite frankly, it's dangerous, as it leaks into the stockroom area, causing a slippery floor, and more importantly, leaks down onto the electricity meter and fuse box, then onto the floor and causing a pool around the toilet... Not nice when you need a pee! So as the rent is paid quarterly in advance, and was due on 29th Oct - I decided, to write to the Landlord 14 days before the rent was due, and tell him that I considered his failure to repair the roof to be a breach of our contract/lease, and as such I would be withholding payment of the rent until such date as repairs were effected. I also said that I was taking this action reluctantly, but as the matter had remained unresolved for over 2 yrs, I felt that this was my only method of getting repairs carried out satisfactorily. I sent this letter by recorded delivery, and have confirmation of same. I heard nothing back from him whatsoever, and the due date for the rent came and went.. Yesterday however, I got a call from the girl in the shop, that bailiffs were in attendence, and wanted to be allowed in to seize goods (Our shop is a fully "bandit screened" off licence) She had told them that she didn't care who they were, they were not coming past the door. She passed the phone to one of them and he came outside to talk to me - He told me he was a HCEO and was here to collect the outstanding rent, plus their "charges of £486.00" I asked him if he had a Court Order, to which he answered no, so I asked if he had a High Court Writ, again, the answer was no. So I told him he wouldn't be getting anything, and I would be there shortly. I left, and telephoned the Landlord on the way, I was straight to the point with him, and asked what he was playing at, he told me that they (DCBLtd) had sent me a letter a week before at his instruction advising that if the rent remains unpaid, they would be attending. I told him (honestly) that no letter had been received. We had a discussion, and it was agreed that if I paid him the rent the following day, into his bank as per the normal method, he would commence repairs... So, when I arrived at the shop, I told the Bailiff that he needed to speak to the client who had instructed him, as it had been sorted. He went outside and did this. A few mins later he came back in and said he had advised the Landlord to phone his office, as he could only be told to discontinue by them. So we waited a further 10 mins, at this time, I was still "outside" the screens. His office then rang, and he told me "That's fine for the rent, however I need to collect our fees" Obviously, know that they were his "wages" I told him I'd not be paying anything, as he no longer had a debt to collect, and I'd not received the initial letter in any case. I then asked in what role he was attending today, and his reply? "I'm here today as a private bailiff o collect rent arrears" That to me, told me all I needed to know, he had no court order, no writ, and wasn't even acting as a HCEO on this visit. I turned around and unlocked the door to let myself into the shop, and the cheeky bugger wedged his foot firmly into it.. I phoned my Solicitor whilst I was leaning against the door, and he advised me to call the Police, which I did.. Anyway, we both stayed there for 15 mins, him on one side with his size 10 wedged in the gap, me on the other... His colleague then suggested they "give up" and he removed his foot, just as the Police arrived... I spoke to them and said I wanted them off the premises and the Police advised them of the same. He did however say, "you are still liable for our charges, so we will be back" and passed me the attached letter/form. So this morning, the rent has been paid to Landlord directly, therefore there is no longer any "debt" so, can they just chase their "charges" even though they've done nothing for them, and the compliance letter was never received? Interestingly, they have also included £114 for the "sale stage fee" Erm, for selling what exactly?? Comments anyone? Mike

Off in the post to Cabot - Interestingly, the amount claimed submitted to the court is over £303 MORE than the original default amount originally chsed by next, and thats before the court and sols fees are added... I thought the amount was fixed, or are they still allowed to add interest? Mike

Thanks Will fire off now. Mike

Will do, am I sending to Restons or to Cabot? Mike

Cheers DX, had actually forgotten about the original thread, which is why I seemed to remember that they don't (through their own admission) have a signed CCA. So should I now send off another CCA to Cabot, who I presume are now the creditor? Mike

No, is that different to an SAR? Mike

Interesting... That quoted post is word for word as per my letter... What I am thinking is of doing an SAR to get all of the paperwork from Next, including a signed agreement (that I'm confident they don't have!) and holding off on my letter re the payment for now.. Thoughts? Thanks Mike

So should I not send my letter then, and just wait to see if they appy for summary judgement? Mike