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    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. 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. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations 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. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. 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. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This 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. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Tesco trolley hit my car - car ins is with Tesco's


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I have also started this thread in General - not sure which was best place to put it.

 

 

Can anyone give me advice?

 

My car was hit by a Tesco Trolley on the weekend. It has a huge dent.

Noticed that all the trolley bays were overflowing and there were clumps of trolleys situated all over the car park and not a Trolley person to be seen.

 

Off I went into the store and asked for the Manager. He came out inspected my car took me back in store and took my details. Then along came a stuck up *$"& and told me Tesco do not accept liability. I said I would fight hard to try and get them to accept liability (this would cost me £150 plus two years no claims) she then said scaristically "Best of Luck".

 

My arguement with the store is that there were trolleys all over the car park and there was no trolley person there. She told me that he was probably around the side of the building. One trolley person at a Tesco Extra on a Friday teatime. They are having a laugh! I videoed and took photos of the car park and trolleys.

 

Mt car insurance is with Tesco so I put in a claim Friday evening and was told that it is very unlikely that Tesco Insurance will support my claim as there is no negilance on the supermaket.

 

Can this be right, I have proof that the trolleys had not been collected and Im sure they have CCTV footage of what happened. Has anyone ever claimed against a supermarket and won? Do you think it is worth going it alone without the support of the insurance company? Are Tesco insurance only saying that they will probably not support me because it is Tesco Supermarket I want to sue.

Is it worth trying to get the CCTV footage - find the driver and sue him/her or is that a bit far fetched?

Halifax Data Protection Act requested 5/4/06

Prelim letter sent 5/5/06 for £2299.00

£219.00 offer 20/5/06

LBA sent 22/5/06

Moneyclaim filed 5/6/06:) Settled in full

 

Barclays prelim letter sent 5/5/06 for £150

LBA sent 22/5/06

Moneyclaim filed 5/6/06:) Settled in full

 

Barclaycard 1 prelim letter sent 5/5/06 for £100

LBA sent 22/5/06

£50 rec'd back

Last request for remainder 5/6/06 :)Settled in full

 

Barclaycard 2 prelim letter sent 5/5/06 for £160

LBA sent 22/5/06

Last ditch attempt letter sent 5/6/06 :)Settled in full

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I'm not sure where you would stand legally as many car parks have disclaimer notices to say they won't accept liability for any damage to your vehicle etc so you are basically parking there at your own risk.

 

Another thing to add is that you state your car has a "huge dent" - if this is the case then to me that would suggest the damage was caused by something more substantial than a single stray trolley hitting your car - it would hav either been a trolley full of shopping which somebody has bumped into your car, or even that another vehicle has hit your car. (I may be wrong but I just don't think an empty trolley would cause a "huge dent").

 

I assume you did not see the incident? If so, what makes you so sure it was a trolley. Please provide as much detail as possible so we can assist.

 

I have closed the duplicate thread you made elsewhere - please stick to one thread.

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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As far as I am aware notices that state no liability are not worth the paper (or whatever) they are printed on!! The supermarket have a responsibility to ensure that they look after their customers. It is the same with signs at dry cleaners saying they will accept no liability for damage how so ever caused. If you can show negligence then you have a case against them, the sign will not hold up in court!

 

At the same time you would have to show that they were negligent in not looking after their trolleys. While I agree it is unlikely that one trolley would cause the damage you speak of possible several together could do so.

 

You mention you would like to try and find the driver which one?

 

Were there any witnesses? Have you taken photos of the damage?

 

 

Woolfie?

Advice & opinions given by Woolfie are my own, and 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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Thanks for your quick reply Barracad, I know it was a trolley that hit the car as it was still against it when I returned. The only explanation for the size of the dent is that it must have hit on impact and quite a speed. On Friday evening it was extremely windy and the car park is slightly sloped (only slightly). As I approached the car from the distance it looked like the trolley was in the next parking space but as I got closer I realised it was right up against it. I had parked towards the back of the car park like I always to do. I try and park away from other cars so that my car is not in a position where other car doors or trolleys scratch against it. Dont get me wrong I dont own a flash car it is only a KA but I have looked after it and I don't want it damaged. i have consideration for other peoples cars but not all people are like me. Therefore I know it was a Trolley. It is a person (not a driver sorry bookworm) that left the trolley there and I am just angry that Tesco have not got adequate staff on shift to tackle the problem.

Halifax Data Protection Act requested 5/4/06

Prelim letter sent 5/5/06 for £2299.00

£219.00 offer 20/5/06

LBA sent 22/5/06

Moneyclaim filed 5/6/06:) Settled in full

 

Barclays prelim letter sent 5/5/06 for £150

LBA sent 22/5/06

Moneyclaim filed 5/6/06:) Settled in full

 

Barclaycard 1 prelim letter sent 5/5/06 for £100

LBA sent 22/5/06

£50 rec'd back

Last request for remainder 5/6/06 :)Settled in full

 

Barclaycard 2 prelim letter sent 5/5/06 for £160

LBA sent 22/5/06

Last ditch attempt letter sent 5/6/06 :)Settled in full

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You are right with regards to the disclaimers being pointless.

 

First of all, you say the trolly park was overflowing... The trolley that hit your car, did that come from a trolley park?

 

If yes, did the trolley park have these "speed bumps" at the entrance to it?

 

I feel that if the answer to the first question is yes, but the 2nd is no, then you should have a case against Tesco.

 

If the trolley did not come from a trolley park, but was left by a customer, then I feel that you dont really have a case from Tesco, as they were not negligent. They do not have a legal requirement to put these trolley parks in the car park. They put them there for shoppers convenience. However, if it was there then they do have to put safeguards down that they dont damage vehicles - eg the speedbumps.

 

As for chasing the person who left the shopping trolley there, If it was not left in a trolley bay then you do have a case. However, you would really only get youtr money back if the person had Contents Insurance, & it would take a lot of time trying to find the owner of the trolley, etc.

 

Hope this helps

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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thanks for all your replys.

 

The latest is that we have found someone to do the body work who is reasonable and we have decided to not claim through our insurance. However I will be seeking reimbursement from Tesco Supermarket as my insurers have said they probably would have supported us if I had photographic and cctv footage. Therefore I will be writing to Tesco with the evidence I have and requesting footage if any. It is worth a try.

Halifax Data Protection Act requested 5/4/06

Prelim letter sent 5/5/06 for £2299.00

£219.00 offer 20/5/06

LBA sent 22/5/06

Moneyclaim filed 5/6/06:) Settled in full

 

Barclays prelim letter sent 5/5/06 for £150

LBA sent 22/5/06

Moneyclaim filed 5/6/06:) Settled in full

 

Barclaycard 1 prelim letter sent 5/5/06 for £100

LBA sent 22/5/06

£50 rec'd back

Last request for remainder 5/6/06 :)Settled in full

 

Barclaycard 2 prelim letter sent 5/5/06 for £160

LBA sent 22/5/06

Last ditch attempt letter sent 5/6/06 :)Settled in full

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I suppose contributory negligence, but they could argue that there is a big place for the trolleys to go at the front of the supermarket...

 

Then probably settle out of court!

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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