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    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
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Paypal - Is this Theft?


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I am in a dispute with Paypal at the moment, where I am trying to get funds transferred from one paypal account that isnt verified to one that is.

 

I have noticed this morning that Paypal have taken a payment of less than £1 out of my bank account, and its showing as a Direct Debit payment.

 

Seeing as though I have never set up a Direct Debit with Paypal, waht gives them the right to do this?

 

Does anyone know if there is anything in the small print that allows them to Debit my Account, when and as they wish, and by joining a authorise this? If not I will have to read through all the small print to try and find this.

 

If there isnt, can I then persue them for Theft?

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I'm not sure why this has happened, normally they debit or pay in two small amounts to your account to get verified, have you definitley not instructed them to do this>

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

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Is this definately a debit rather than a credit to your account? If it is a credit, it is because they are verifying the bank account is yours.

 

If , when you sign up with PayPal, you chose to funds ant payments through your bank, rather than say your credit card, you are effectively giving authority for them to withdraw funds from that account (only to match your PayPal spending though).

 

Have you used PayPal for any purchases lately?

 

Do you use PayPal because of eBay? Is this possibly to pay eBay fees (your eBay settings may be linked to PayPal).

 

If you look in your PayPal account, does it show any transcation, whatsoever, that matches this amount of money?

 

Questions, questions....... that's me!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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My account is already verified!

 

The other account is going to be closed, because I cant verify it, as it has I have only one Bank Account, and you cannot register it twice.

 

No, there are no recent purchases, no fees, (Well there are but they are £58, and I've refused to pay them until Paypal transfer the funds that they are holding!) No transactions for htis amount, which is definately showing as a D/D on my Bank Statement.

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HI Less2303

 

I opened my paypal account and had a debit of 5 pence, against a code that i then had to produce to confirm it was my account.

 

To open the account you have to agree to the direct debit which is selected automatic when joining as they say they can not deduct these pennies with out it. So no deduction, no confirmsation, no access to a paypal account.

 

So what usually happens is you accept the direct debit set up to get the account, let them take there pennies to confirm then cancel the direct debit set up once up and running.

 

I also have a once confirmed account now unconfirmed as LLoyds trouble and card closed, there is £11.00 sat in paypal that ebay will not release. Even though that actuall money was paid to them inpostal orders.

 

Hope this helps

BL

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I know about the D/D guarantee, but what gives them the right to set up a Direct Debit and take money without my authority?

 

Its the principle of the matter really for example if you gave me your bank details to pay some money into your account, and then I set up a Direct Debit to take £100 a month out of your Account, and actually took it, would the Bank Just refund you and that be the end of the matter, I dont think so!!

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Use the PayPal links to contact them and ask for verification of the reason they took the funds.

 

or

 

Tel: 0870 730 7191 (there is an alternative number, not 0870 if you can call the Republic of Ireland cheaply on your phone - +353 14369001)

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 12 years later...

This topic was closed on 09 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

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