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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.

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      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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HSBC - DG Solicitors


Spiceskull
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Thanks

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If you have had any dealings with DG Solicitors, you may wish to view the following PDF, giving a detailed description of their role within, and as a part of HSBC:

 

Click this link to view the PDF - DG - PDF

 

HSBC Invoice Finance has a recovery and dispute resolution operation based in Birmingham. Within this facility there is a dedicated litigation team of solicitors and legal executives who specialise in commercial debt recovery. The litigation team operates in the name of “DG Solicitors” but is a dedicated “in-house” unit. As DG Solicitors use the same systems as we do, we offer a seamless transition to issue legal proceedings, if necessary.
If you have had any dealings with DG Solicitors, whether good or bad, then feel free to share your experiences on this thread.

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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"As DG Solicitors use the same systems as we do, we offer a seamless transition to issue legal proceedings, if necessary."

 

hmm, why do they need us to send them details of our charges history then?

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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"As DG Solicitors use the same systems as we do, we offer a seamless transition to issue legal proceedings, if necessary."

 

hmm, why do they need us to send them details of our charges history then?

 

maybe they want us to work for our money:D

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yeah sure i dont mind

 

say £30/hour, thats reasonable i think

  • Haha 1

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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For cases where the standard charges do not apply, DG Solicitors will charge their time on a ‘time spent basis’ at the competitive rate of two thirds of the general market rate. Their current charge rate is £100 per hour plus VAT.

:-D

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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  • 3 weeks later...

Hi guys,

 

thanks for all the links to DG Solicitors, and contact information. Is anyone aware of an email address for them, or is it best to use a fax?

 

I submitted by claim on Tuesday, and haven't heard from them yet, but want to speed things up a bit. I have my breakdown of costs ready to send so don't want them to faff about for a few extra days for the sake of it...

 

Thanks,

 

WendyN

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i faxed them my charges breakdown and got my settlement two days later ;)

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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They are going to choke when they get the claim I raised today...for the invoices I issued in bringing unlawful "charges pending" to their attention...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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  • 1 month later...

Has anybody got an email address for them at all?

 

 

 

 

edited: typo

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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They are going to choke when they get the claim I raised today...for the invoices I issued in bringing unlawful "charges pending" to their attention...

 

How did this go?

 

Also, you might be pleased to know that I am referring DG to the law society - check out the process in the un1boy vs hsbc - SETTLED thread below

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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  • 2 months later...
  • 2 months later...
i faxed them my charges breakdown and got my settlement two days later ;)

 

I received an Acknowledgement of Service claim from HSBC on 30 January, 2007, where they intended to 'defend all the claim'. This was followed up with a request for a fully itemised breakdown of the amount claimed by DG on 14 February 2007. I faxed this information over to them on 16 February 2007. Unfortunately they haven't been so prompt in responding as i have yet to hear from them. No chance getting through via telephone either...It's now 28 February 2007. :-x

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it would be best larry if you start your own thread - just look at top of bottom of the forum list for "new thread", it's a smallish blue oblong and press and you are away.

this is entirely normal for them(dg) - as it has now been 28 days from your issue date - can you try to press the judgment button on the mcol? try it. that will tell you if they have entered their defence - perhaps you submitted an n1 in which case you could ring the court to see if they have submitted their defence. so,start your own thread - or we'll never be able to find you - and let us know what you find out - we can help you from this point if we know where you stand.

you could also ring dg to see if they received your breakdown;

here are some dg phone numbers:

0121 455 2111 (Debbie)

0121 455 2701 (Rachael)

0121 455 2196 (Kate)

 

mostly you get voicemail - but you could leave your name, claim no., tele. no. and ask they to get back to you and that you wish to know if they received your breakdown.

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  • 1 month later...

Hi all, just thought you might like to know that I am also at the notice to defend stage with HSBC, in the interests of dispute resolution I have attempted to phone them as the date for filing the defence is approaching and they have responded with "we will respond within the guidlines set by the FSA which is 8 weeks" I asked if they were recording the call they said yes so I asked if they viewed the FSA or the court as the higher authority, so they said FSA, I repeated this in about 3 different ways and the response was always "we follow the FSA guidelines" maybe someone who knows someone in the press might appreciate that the banks obviously think they are either above or outside the law !

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  • 2 weeks later...
maybe they want us to work for our money:D

 

 

 

What on earth do you mean?

 

I did work for that money and they took it off me.

 

I reserve the right to fight for compensation

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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  • 4 weeks later...

they are not very helpfull at all idid manage to get another number from hsbc bank cause those numbers you get are to there voive mail covenient hey

 

rachael 0121 455 2753

debbie 0121 455 2749

 

 

goodluck everyone as i have trying to get my money back since nov 2006

i did get a letter of an offer back may 2007 since then nothing

 

come on where is my money EDIT

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I received a defence from DG solicitors instructing me that they refuse that HSBC owe me any money what soever.

 

However HSBC sent me on numerous ocasions and on the same day i recioved the defence i received a further partial offer.

 

I am waiting further instructions from the judge can any one help ?

 

I have already sent them a letter objecting to the partial settlement.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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  • 2 weeks later...

Hi All,

 

Have read loads on here and sent my letter requesting my statements which I have never heard back from, so after the 40 days (ie today) I have gone online with HSBC and calculated all charges a total of £3225 inlcuding 8% interest.

 

This letter is going today, obviously par for the course wait 14 days and then send the LBA letter...

 

When should I contact this DG Solicitors group?!

 

:?

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