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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Claim for possession of property


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My husband and I have received a Claim for possession of property form, we are seeking to defend it ourselves, as we are not in arrears on repayments and do not really understand why this order has been made, but need a bit longer than 14 days, as I am not too well at the mo...:(

 

Would anyone be able to confirm if we can use the N9 - Acknolwedgement of Service to extend our delivery of the defence form?

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Hi Bona

 

The hearing is for the 7th May 2008. The monies borrowed were for a business we ran that went belly up after the US company we had a franchise with pull all international franchises without notice.

 

The business loan was secured on our home, and in 2006 they approached us to make repayment. The sum owed in 2006 was £65K. They were looking for us to pay £750 pcm but with we negoitated we would make lump sum payments and clear it quicker and paid £43K in 2006, £13K 2007 and are on course to clear the balance of around £13K July this year.

 

If we had met their demands for £750 pcm we would have taken ten years to clear the loan, the route we agreed with them (because we have irregular incomes) has meant it will be cleared in 3 years instead! (Maybe they are peeved because they will earn less interest from us :))

 

We have in the last three years got ourselves we have worked hard to get ourselves out of debt (as there were many unsecured debts as well) and will be debt free (apart from our mortgage July this year). The company have acknowledged that they had an informal arrangement with us but now they want all the money now rather than July 2008. We can not clear it before then, and feel they are been unreasonable and have gone back on their word.

 

We feel we have a pretty good case to build, as we have stuck to our agreement and are on track to repay all sums shortly. We are not in a position to do it sooner, as income does not come in before July to enable us to clear this and all our other debts.

 

I feel this company has harrassed us - with sending surveyors to value our property without notification, send communications to our elderly parents chasing £30K from them (when only £13K is owed) when they promised not to use the guarantee with our parents as our mother has a very serious heart condition and was hospitalised when the first chased in 2006.

 

I have pluersisy at the moment and am on antibotics but it has worn me out and would like to see if completing an Acknowledgement of Service can be used to give us an extra seven days.

 

Many thanks!

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Hi SWTS

You've done really well to get yourselves this far paying such large amounts.

Have you got the repayment agreement from the company in writing or was it just verbal?

 

On the matter of the American company pulling all UK franchises was there nothing you could do to recoup your outlay? It seems they just ripped you off. You probably tried everything at the time but did you go to trading standards to see if they could help?

 

I don't know about the extension time for court I will try and find out for you in the meantime some one in the know may come along.

 

Remember to make notes of everytime this company has contactsed you or your parents and what they said. Ideally do not speak to them by phone.

 

A lot of companies (and banks) are panicking at the moment and are trying to get as much money in as possible.

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Hi there, I have just checked with my local court manager who tells me that you cannot use an N9 form. However, although the N11m you have received says the defence has to be returned in 14 days, as long as the court has your defence before the end of this month it will be fine - they just need a week or so before the hearing to put the file together. She confirmed that all county courts have the same process.

 

If you need any help at all with completing the defence form and in particular Section 27 (the important part) I will be more than happy to walk you through the form, and write the statement for 27.

 

I hope you feel better soon, it must be very distressing to have this trouble when you are poorly.

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Wino

 

Thank you for your reply, we really appreciate how helpful everyone is!

 

The company never put our agreement in writing (and in hind sight I can see this is not ideal) but the fact that they have received these lump sum payments and not chased in between might show that they did agree to it. There are letters from them that show there agreement although they do not state in black and white the finer details. The letter from the solictors regarding them chasing our parents acknowledge in writing that they did have this informal agreement with us, so again this might be sufficent proof, or certainly calls in to question their assertions.

 

We did look at taking legal action against the US company - but with been left high and dry with the debts the additional costs would be too much. We did try and work with this company to sort it out, but a multi million pound business can afford legal resources that we could not. In the end up we had to take a pragmatic rather than an emotional decision and sort our mess out, keep ourselves sain and move on.

 

We have learnt a lot, It did effect us badly for a long time after, but as a family we are together and stronger...and can live on very little and still enjoy our lives.

 

 

Cheers :-)

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He Ell-enn

 

Thank you for your response and offer of assistance, it is very much appreciated. I am going to get a letter to the court today explaining illness and that we will have the paperwork to them late next week, I will send a copy to the solictors as well.

 

I have had a quick look at the Defence form and it seems reasonably straightforward (could be famous last word!!). If it works with you we will fill it out as soon as we are feeling a bit better and forward you a copy for you to look over. I can put together a statetment for section 27 and forward that as well.

 

I think the worst thing about pluersisy is my ribs are killing me, and I am not getting a great nights sleep, so I look (and feel) as if I have aged 40 years in a few days :wink:. Trying not to get too distressed about this - I feel we have taken responsibility for our financial messes, we have worked hard to clear such large debts in three years - and we are going to be even happier when we are debt free later this year!

 

Thanks again!

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  • 4 weeks later...

Trying not to be too nervours about our hearing tomorrow. It is always daunting going to court. Thanks to fanstastic support and advice from Ell-enn and others. We really appreciate all the input and support!

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Good luck you will be fine just remeber a few important things I assume you have put yuor defence in the judge will have read it let him ask the questions let the otherside dig a hole forthemselves, Dont talk to the other side unless it is to ask them to withdraw what ever you say THEY WILL USE AGAINST YOU if they do not turn up ask that they be not awarded the costs they have incurred and you want yours loss of earnings travell and anything else you can think of

Will be waiting you post tomorrow to let us know how you got on

 

Were all here for you

 

Bona xxx

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Hi All

 

The judge was scathing that LTSB were taking such an action when so little was owed, and so much has been paid, and there was so much equity in the home.

 

As it was an 'all monies charge' the seems the judges hands were tied but using Habib -V- Tailor [1982] the judge ordered a suspended possession order for three months along with a money order.

 

This should give us room to move things forward.

 

At court a Barrister from CAB offered to come in with us and put forward our case - which was very useful.

 

We really appreciate the assistance and support we have received here, and to Ell-enn a big thank you for helping us with our statement.

 

Now for the next chapter!

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That's great news - hope it all works out for you from now on.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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