Hi guys, so over the years i've read the forums and they have helped me out greatly. Now i have something i don't think i've ever read before Bluestone credit management took me to court using banner jones, i requested the case be heard at a local court. The case was heard and i said that the case should not have even been heard since the creditor had not sent me a notice of assignment as directed under the law of property act 1925. The judge decided the claimant has 21 days to send me a notice of assignment, this turned up today, first class recorded. Now the interesting part Since the court has decided that a notice of assignment was never given and bluestone have evidence that they have served me the notice of assignment from the 19th does this not technically make all of the above defaults in my credit file illegal? and what about with regards to the last two entries that state voluntary termination? What options do i have with this now? I know i could claim they have damaged my credit file by illegally placing defaults and i could ask for compensation, £3597 would be convenient and see if they want to call it a null debt? (That's the only idea i can throw out there) but how would i go about this and is there anything i can before this?

Hi I cancelled.my direct debit with ashbourne management as I couldn't afford to go to the gym anymore, I cancelled this on the 4th December 2013, and got a letter from them a few days after, as I am debited from my account on the 1st of every month, what I noticed was that even though I I was debited.for December, the letter.stated that I owed an outstanding payment of £20.99, I'm sure as I have been reading alot about.this on the web and people having simular problems in the past I found this on the 'Office of Fair trading' website 'The judge also ruled that none of Ashbourne's contracts entitle the gym (or Ashbourne) to demand payment of sums which have not already fallen due where the consumer is less than 3 months behind with payment (and then only when the consumer is given a month to pay). He also ruled that the consumer cannot be required to pay where it is the gym that has seriously breached the contract.' is this the issue I'm having? Thanks

Hello all, I have another DCA on my back now, this time with an existing Natwest account. This is my existing student bank account and I already have an arrangement with Natwest to pay token payments of £1 pcm until my circumstances improve. Unfortunately this has been going on for a number of years due to never having enough cash to settle the debt quicker. I've received from Apex. They wrote to me advising that Natwest had instructed them to "manage my account", I sent them a "prove it" letter as I was still paying Natwest. They replied with some flimflam about being disapointed with me ignoring their attempts at contact and they have "external sources" that prove I can pay the debt. So I CCA'd them, they replied with this: "I can confirm that this request needs to be made directly to the Royal Bank of Scotland as they are the principle company with whom the agreement was reached. Your request will need to made in writing to the address below (RBS address) along with the enclosed applicable fee of £1.00 made payable to the "Royal Bank of Scotland"" I replied with this, coupled with the original CCA request "I recently requested that you supply me a copy of the alleged Consumer Credit Agreement, pursuant to Section 77-79 of the Consumer Credit Act 1974 (CCA 1974). If it is your view that you are not the creditor, Section 175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by Section 189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that Section 189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to Sections 5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). Attached is a copy of my original request and the original payment in the sum of £1.00, which is the statutory fee - remember these funds are not to be used for any other purpose." I waited a few days, got a reply and it was the same as their initial reply stating I have to CCA RBS myself. Can anyone shine any light on this? I have been following advice given on this site and it's been great so far. I am happily paying Natwest. I wish I could legitimately send Apex a letter telling them where to go... Thanks in advance for any advice given Tom

Hi I live in a block of flats which is currently under the management of a Property company, they are not landlords as ALL flats are privately owned by the tenants. The reason we got them in is because one of the flats was sold and the person who sold her flat used to look after the running of the property, i.e. arranging a gardener to do the lawn, window cleaners to do windows etc. after she left we all decided that due to work commitments it would be best to hire a property company to manage our block, We are all Directors as we have a residents association for the block and pay a monthly service charges into our residents bank account, which is also used for repairs etc The problems started when we started receiving letters from the management company informing us that all items in the hallway need to be removed, potted plants for instance. We were told that due to H&S fire rules etc that they need to be removed as it invalidates our insurance, bearing in mind that most of us within the block have been her over 15 years and never had a problem in the past with getting public liability insurance. Just recently a contractor came into the block at the behest of the management company and removed a couple of items under the stairs, stating that its an obstruction in the event of a fire!.. which is fair enough, except that said items were completely not in the way of the exit as they were literally un-seeable and the flat owner who lives at the bottom of the stairs said that they are not in the way at all. Apparently, they wrote to all tenants informing everyone that items would be removed if we did not move them. All I want to know is can they do this? no date was given on the letter as to when we should move the item and can we get them back. We have had nothing but problems since they took over, emails have been sent to them to repair a light bulb, which took 3 weeks!! We have have structural work done on the block and they were reluctant to use the building company we as tenants wanted, because their quote from their building contractors were astronomical, We are having a meeting this week without the management company present to vote on if we should dispose of their services, which judging by all the feed back, we will not use them any longer. any help would be appreciated regards Nik

In 2011 I found CAG which helped a great deal with advice on debt and how to manage the various debt collection agencies that were 'closing in on me'. I started to manage my debts paying most of my creditors a reduced monthly payment and had the interest frozen on all but one of my credit cards. Barclays/Woolwich mortgages behaved appallingly and this year after court proceedings were issued I finally sold my flat and moved out of London. I had sufficient equity to buy a cottage outright but only because it needs a substantial amount of work doing. I have kept to my original arrangements with my creditors and since my mail has been redirected they are unaware I have moved. This week I began to receive telephones calls from a company called Arden credit management services to say they are instructed by Idem re: a credit card I held with MBNA to collect on this debt and that I should contact them to arrange payment of all the sum due. I have written to them to say I have made regular payments to MBNA over the last three years and have had nothing to say this matter has been assigned or given to them to collect money directly and that when they produce documentation from MBNA to confirm they are now authorised to recover the debt I will pay them directly. I am worried that now I am mortgage free at last my creditors may try to place a charging order on my home. Any advice would be greatly appreciated.

Hello People, I am new to this forum and my understanding of the laws revolving debt is very minimal. I would appreciate your help, its not for me but for my mother. My mother aged 56, has her own house as a result of the divorce. My mother suffers from depression, anxiety, panic attacks and has spent some time in hospital due to mental health issues where she received shock treatments. Now I don't understand how the banks have managed to give her loans equating to nearly £50,000 when she has no income apart from her DLA and she has a history of mental health issues. My mother has always had the ability to spend money with out thinking and has lost thousands because of her behavioural issues. I my self have had to spend my life working to pay off her debts. At the moment my mothers debt equates to around £27,000 this is from one unsecured loan and several credit cards. It has been some time now my mother has been in an agreement with 1st credit for the loans which has resulted in making life slightly easier. I was paying £750 per month just to pay the interest on her on loans. I then had her put in to a debt management plan with a company called Pay plan who have reduced her payments significantly and more manageable. My mum has been in the DMP a couple of years now and has made regular payments and is feeling a lot less stressed thankfully as am I. We have today received a letter from 1st credit who have made us an offer of paying off 40% of the total of £12,550 = £5020.01 but the offer is only valid till December and then If we were to pay in January we would write off 30%, feb 20%, March 10%. I need help with this, what are my options? should I pay them off? should I make them an offer? should I just continue making minimum payments as I am doing now? will I ever have the opportunity of writing off a 100% of her debt? do I have any other alternatives? I was told that my options are limited as mum owns her house with some equity in the house, the value of the house is probably £100,000 with a £30,000 mortgage which was again spent by mum and given to thieves who leached off her. She did have a cash house but being gullible and silly she gave a friend some money who we have never seen again, she spent some on the house to make improvements 10 years ago. All help, if any would be appreciated.... Any advice?

http://uk.news.yahoo.com/call-ban-claims-management-calls-002757648.html#CSN8cqQ

I have just recieved this e-mail from Secure Credit Management, and I'd like anyone's opion on this chapter; I have provided the information below which provides the specifics of where your information came from and how we have confirmed we are speaking to a genuine customer. London Police Financial Crime Unit - have already reviewed and investigated your case and deemed it is not fraud, they were subject to a protection order through the court to confirm these details. UK Banks — Were subject to a court order to provide details of matches where they have confirmed the following Name D.O.B match Address match If and when funds entered an account from an MCO Capital product, in your case Balance loan. Credit Reference Agency — reconfirmed the identity of customer to complete a third and rigorous check to make sure the details confirmed through the other sources were correct in reference to name, address, dob and voters roll information. In conclusion, we have confirmed from three separate sources, 2 through court order to provide and confirm details of genuine cases where the funds have been confirmed entering the bank account. In this case Secure Credit Management would request that you contact the office further, either via telephone or letter to arrange repayment of the outstanding balance. If you have any further queries please do not hesitate to contact us. I have not disputed the debt, I just wanted to know what company they were representing! However, i think they are not telling the truth!!!

A friend just sent me this. Very interesting !!

Hi.. So I have a few payday loan debts totaling more than what I can pay back. I foolishly, so to speak, have been robbing peter to pay paul... Peter being a lender and paul being another lender... I want to set up a DMP but one of the loans I have taken out I have not yet made any payments towards. Is it possible that this will be declined or not accepted due to this reason? would the creditor have reason to not enter into a payment plan? would the DMP company not try if I havent made a payment? Thanks for any help + advice.

there are free ones such as : StepChange - NOTE : - We understand that StepChange is supported by the Financial Industry. Payplan National Debt Line. dx

fancy word for being legally responsible for something, in this case whether PPC's have any rights or responsibilites in law for the car parks they manage. I have been having long discussions with the Valuations Agency about whether the car parks "managed" by private parking companies should be treated separately from the stores they serve as at least one of them is claiming commercial justification for their made up charges. I short, the answer os "no" as the land is said to be contiguous to the stores and thus treated as one and the same for rating assessments (case law from 1955). This means that the parking co's dont HAVE to pay separate rates and the stores can be responsible for all of the woes caused by these companies and they can ride off into the sunset scot free with bundles of cash. Now, I have found 1 place where there is an exception to this rule and the VoA is going to make another visit to the site as the plans they have are 8 years out of date and there is a dispute over the rateable value anyway. I will keep you posted on any developments but if you know of any big shop that uses a PPC and has recently (last 5 years) built or extended their car park please post on here the location as I bet that some of these new developments will fall into the VoA gap and we can ask the relevant questions of them and moan at the stores as well (but after they have been hit with a big bill)

Hi is this company good

Hi there, I wonder if anyone can help? I own a house on a new development, with the whole estate paying an estate management company for service fees. They have now stated that we are in arrears of £303 and that they've instructed a solicitor to collect the monies from us- they've added on £198 and £120 in 'admin fees' and then fees for contacting the solicitors, taking the total we have to pay in 14 days up to £888!! The fees are for financial year 01/07/2013-30/06/2014. They don't seem to actually 'maintain' anything, even the landscaping is done by the developers still. Are they allowed to whack on such huge fees, and is there anything we can do to reduce them? Any help would be appreciated.

Had a bump in 2011 and as a last resort had to go through an accident management company. My car was taken away and I was given a hire car for 2 weeks. The management company called around 6 months ago and advised that the third pary insurer had admitted responsibility so I thought it was all sorted although I now have received a letter advising that their car hire bill has not been paid. They also state that "Our panel of solicitors or our company will not request payment of any legal costs from you, as long as you do not fail to co-operate" I have to fill a Form of authority and also include my Solicitors contact details. Should I be worried or cautious ? Thanks

I have a situation that stinks of some kind of fraud but I really need help to establish the facts as the maneuvers this company have made are beyond me. A property management company are trying to repossess a flat that we are the landlords of claiming we owe unpaid fees. Very long story but in essence the builder of the development went bust sometime between 2006 and 2009 and although the properties are all complete (I think), the roads are still not complete (no surfacing) amongst other things. The builders were also the management company (under a different name I think) and went into liquidation. When the builder went bust we were advised (by someone in their own office) to stop paying the management fees as no one else was paying and no one was doing any management. Actually they had done next to no management to this point anyway and we were very unhappy paying a bill for nothing. In any case although the property is a flat it's not the normal set up in a block with shared access, it's self contained in that you enter a door on the ground floor and stairs take you to the first floor flat. The stairs are part of the flat (not shared), they are internal to the property ie carpeted etc by us. There are only two floors to this development (ground and first) and the buildings look just like houses from the external. In 2009 our mortgage company applied a cost to our account stating the management company had mad a claim for fees. We disputed this and the mortgage company reimbursed us. We then called the phone number that our mortgage company had given us for this so called management company to hear a very heavy African accent answer "hello." No company name or any hint of professionalism. Just a very rough hello! It seemed very strange and I was suspicious as the guy was extremely cagey when I asked questions. I gave him our address and said if you are legit send me the paper work re the costs. Needless to say we heard nothing so I forgot all about it. I so wish I had pursued it then (2009) because in July we received a solicitors letter claiming over 5K in unpaid fees! I spoke with the solicitor and raised several disputes. 1. It's a self contained flat (no stairs or corridors to maintain) 2. There's no direct garden to speak of (it's first floor) 3. We've had no contact since 2009 4. There are costs for lease transfers on the statements I've been sent (sounds dogey) 5. The builder went bust but somehow transferred the management of the flats to another holding company then had the contract managed by yet another company 6. The builder concerned has changed names (ltd companies) 3 times according to Companies House A solicitors letter has been sent to my tenant informing them of an intention to repossess if we do not pay the costs and it states: "We as solicitors and agents for company a on behalf of the claimant, company b hereby give notice" etc etc. In this case company b (the claimant) is in liquidation according to companies house. Are they able to make a legal action in this state? Who do I communicate with, the company, a liquidator, the solicitor? I could really do with some help from anyone who is knowledgeable in this area. I fear some elaborate phoenix type [problem] may have occurred and have already heard of repossessions on the estate. At the moment we have a ccj for over 5k and we didn't even receive a summons. Okay I accept it's probably a well used excuse, "I didn't receive the summons your honor" But honestly we didn't get any summons but we got a ccj from the court. Is it possible for a solicitor to serve the summons at the rented property address but have a ccj registered to our home address. It's the only way I can think of that we wouldn't have received the summons other than a simple postal error which happens frequently for our post code for some reason (sometimes mixed up with a street that off our road). I last spoke to the solicitor involved back in July and she agreed to hold off on any action until she had put my questions to her client including a request to view the company accounts and receipts as is our right. How is it possible to then receive a ccj without knowing about a hearing? Oh and obviously she lied but I recorded the call. I know I can't use it in court because I didn't tell her I was recording but assume I could transcribe it and use this as notes to refer to. Does anyone know if a solicitor verbally agreeing one thing then doing the opposite is in any way viewed as misconduct or contra to any type of code? Has she done anything wrong? Help please!

I'm posting this message and would be grateful for any advise on this matter. Thanks! We purchased a terraced house in a cul-de-sac last October and promptly paid the annual estates mangement fee of £470 promptly. However, from Jan - present, no work has been done including garden maintenance. In July, we received an email from the new Estates company informing us that they have been appointed to replace the old company and asked for some more money. I emailed back with the following questions: 1) Who appointed them? Why wasn't there any communication/consultation with us (the landlords) on this matter? 2) How will we be reimbursed for the fees paid since no work has been done for the past 8 months? 3) What are the services that are covered by the fees? We also pay council tax, should the council be responsible for matters such as litter collection and repairing of roads? We received a non-commital response which didn't answer our questions. After speaking to some of our neighbours, we realised that one neighbour set up a management company who has been managing the past and present estates company. When I posed the questions as above, she responded as follows: a) it is a legal requirement to have a management company in the estate, otherwise, we will not be able to sell our property in the future 2) we will not be able to re-coup any of the fees as the money has been given to the new estates company 3) If we refuse to pay anny future fees, we will face legal consequences We feel very unsettled with the response as it simply doesn't make sense and feel strongly that there should be more transparency when managing these affairs. There are a total of 24 units who pay the annual fee of £460 each which total an amount of £11,000 and it seem a very large fund to be handled by a single person with no consultation whatsoever. Please can I have some advice on what are our rights on this matter and where do we stand. Is this neighbour acting suspiciously? Can we refuse to pay anymore fees? Thanks!

I was involved in a minor collision. My insurance company told me that I would normally be found at fault (even though I don't believe I was). But I left it to them. A month ago they warned me that I may receive a court claim as they were not prepared to settle the other party's full claim. I then got a claim threatening court action, from a claims management company attached to an invoice for an amount just above £100 from a "claims assessor" for services inspecting the other party's vehicle. I guess I agree with my insurance company that claiming over £100 to assess a car that is over 20 years old and not special in any way is unwarranted. I'm not too worried about it: I will refer to my insurance company. But I struggled to find any other examples on the web, so I'm interested in what normally happens in these cases. Is this just a final attempt to get money? Anyone aware of similar events?

Hey guys I am 21 year old male. I am a good guy. I help grannies cross the street. I step in if someone is doing something wrong. I do the right thing. But I am a gambling addict. My father before me was a gambling addict and he got me down the same path. It has been a long and painful path. I cant think of a day of my life i have enjoyed the past 2 years. This is where I stand currently: I have £50 to survive to the end of next month ( live with parents ) I have about 6 payday loan companies expecting to take about £300 from my account in a few days. Nothing will be in there. I also have 2 loans of £5000 with santander & nationwide. I feel that both the above companies destroyed their duty of care when they gave me a loan, when I applied I didnt think I had a cat in hell's chance... I already had at least 4 outstanding payday loans, I barely ever paid my phone bill on time, I was on gamblers anonymous forums, I was in contact with gambling charities... if these companies spent 30 seconds looking into me I am certain they would not have given this loan. I also have my car insurance due to come out - I can find a way to pay this - But i may have to pay someone else and get them to pay the car insurance for me - as if i put the money in my bank one of these companies is sure to take it back out? I am seeking help for my gambling, I have quit cannabis but I can never quit gambling... I wanted to go to a rehab, but can only go if i have £10k to spare. LOL! I am so depressed. I am making plans for when I become homeless. I have a car and a job, but nothing else. What should i do? God bless you for reading this

Now I'm somewhat confused here. I've just received a letter through my door from a company calling themselves Utility Management Services, stating that intend to apply to court for a warrant of execution to change the meter from contract to prepay due to an outstanding amount, I'm with EDF energy and I set this up when I moved into the property, are they allowed to turn up with a warrant of entry or not? there is no email address on the form only a registered office address, what would my legal stance be if they do turn up with a locksmith to gain entry and start removing the meter?

Last Sept I was told by my supervisor that a client I worked with had made very damaging accusations against me. I was so distressed I took some leave and was told by docs (mine and theirs) that I suffered from depression. Now many months later I still have problems and take medications. During a grievance proceedure I discovered that there were extraordinary safeguards in place to protect staff. This was never mentioned to me, nor was I advised the client had a history of making off the wall accusations. I won the grievance (just a tecnicality), attended an Absence Management (we cannot bring you back to work until you are given a clean bill from the docs), and sent to visit other avenues of possible healing. Now they want another meeting and to discuss the possibilithy of a capability hearing. My sickpay is all used up, I am turning 68 soon and have a private pension. My question is what now? What are my options and how should I proceed. I still have anger, resentment and issues of trusting with the workplace. I would like some accountability on their part.

hi,im attempting to fight back against a few payday lenders and their unfair practices,,can anyone tell me if they can refuse to deal with a debt management company ,heres a short bit of an email I was sent from unclebuck. We acknowledge receipt of your email regarding your financial circumstances. We are not required by law to accept payment proposals from debt management companies, unless in the case of an IVA/Trust Deed or Bankruptcy proceedings. If you are experiencing financial difficulties, we can offer to deal with you directly and, depending on your circumstances, may agree to a repayment plan with reduced or suspended charges if deemed appropriate.

Hi Guys, Apex Credit Management... What do we know and what are they like?

Hi Guys, has anyone heard of this company?They manage the estate where I live, tidy up the gardens, not front gardens, but communal areas, pick up rubbish out the car park etc.I got a letter off them today because I haven't paid my £42 estate charge, so they have added a £21 admin fee as the cost of writing to me over it. I think this is extortionate. The reason I haven't paid is that the terms and conditions on the back of their paperwork refer to tenants and lease holders, of which I am neither, so I wrote and asked them for a copy of homeowners terms and conditions, which haven't been forthcoming. ThankS Mike

We're having awful trouble with this company! My husband joined the gym in Feb this year because of it's long opening hours (he works nights so would use the gym between 8.30pm and 10pm) the gym owner then wrote a facebook message after around a month of my husband joining saying that he was changing the opening hours to close at 9pm...this is no use for my DH as he would only have around half an hour in the gym! So we wrote to the gym and ashbourne to cancel the membership due to this and now 3 months later we've had numerous amounts of threatening letters and they're now saying if he doesn't pay the £80 due plus the rest of the 12 months balance they will get debt collectors in. Any advice gratefully received....