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    • 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.    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. 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. 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) 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. 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. 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. 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.   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.  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. 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.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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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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Sterling Collections


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They are SP. Sterling Collections are a dormant company so they have no employees. I wonder who would answer the phone if I was to call.....

 

Can someone remind me of the law that says a debt collector has to have a data controller, it can't hide under someone else's licence.

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  • 3 months later...

I closed a business account down with Scottish Power last July. They sent a final bill, we paid and that was that - or so I thought. In December we received another final bill for £1500 based on a meter reading from a new occupant! Despite opening a complaints procedure with SP, we get a letter from Sterling Collections about every two or three weeks threatening court action if we don't pay. We have written and phoned them to explain we are in discussions with SP over the bill but they choose to ignore us (even hung the phone up on my business partner one time). I had my suspicions they were an inhouse department of SP and now my suspicions have been verified. Obviously, SP think its more intimidating for people to get a letter from a collections agency rather than one from themselves. Sneaky baskets.

 

The complaint hasn't been open long enough to go to the energy ombudsman yet but I am logging all calls and correspondence for when I do. I suggest anyone else does the same then after 8 weeks or if you get a 'deadlock' letter from SP, go to the energy ombudsman for them to look into for you.

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I just received a letter from this lot for an overdue account with the wonderful Scottish Power, despite the fact I told SP when the bill would be paid. (It was a bill for just under £600-00 to heat a 3 bedroom semi for a quarter).

 

Should I be worried about Sterling?

 

When I called Sterling to tell them when the bill would be paid, she automatically started talking about paying SP by monthly direct debit!!!!

 

I immediately got suspicious that this mob were actually a front for SP's collections department, perhaps I'm right?

Archway

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I have now been advised by SP that the reason I am still getting threatening letters from Sterling Collections is that my complaint was closed on, get this, 113th Feb. SP seem to have trouble getting their dates right and I am highly suspicious it is a method they use to cover their own backs. I have emailed them to ask why I wasn't advised of this before even though I have contacted them twice since Feb. I don't expect a satisfactory answer so have also advsd I want my complaint escalating to Executive Complaints Board level. Thats the final stage before going to the energy ombudsman.

 

Anyone having similar trouble should check out SPs charter and complaints procedure - they don't seem to operate within these but, as far as I am concerned, that is just more fuel to the fire when I eventually go to the ombudsman. Also check out the Office of Fair Trading guidelines on debt collection and quote any relevant parts in your communications to SP so they know you mean business.

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Hi Guys,

 

I mailed Scotiish Power asking for an explanation as to who exactly were Sterling Collections.

 

Here is their response:

 

SPM Collections are Scottish Powers internal debt collection team. We will send

out reminder letters until the account has been paid in full. Reminder is

issued after 10 days then if not paid call will be attempted after about 30

days. If the bill remains outstanding after this we will usually pass the

account to an outside legal agent to collect. When we issue the bill it is due

to be paid immediately as bills are issed in arrears so you have already used

the gas and electricity the bill relates to

 

Now I am by no means any form of legal expert, but in my mind, this company uses an internal department, in the guise of an external collections company, to frighten people into paying up.

 

Is this legal? I'm in the process of changing supplier because I think I am being overcharged by SP every single bill I get.

 

We only have an ordinary semi detached three bedroomed house but in the last year we have used 31570KwHrs of gas. Scottish Power thinks this is normal. I don't, and talking to my neighbours in very similar properties, neither do they. We are out at work most of the day, the boiler is on a timer, the heating turned down low as we have the luxury of a coal fire.

 

Can anyone tell me if this is a lot as I can't seem to find out.

 

Regards all,

 

Archway

Archway

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  • 1 month later...

My son has been renting his house out but it has been empty since September last year, then today I receive a letter from Sterling Collections demanding £2++ as unpaid power usage, "despite several requests for payments". Thing is that neither myself nor the lettings agency have ever received a letter from Scottish power or Sterling Collections asking for this mythical amount.

 

What do these people think they are doing, I just love receiving threatening letters on a Friday night !!!!

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  • 5 weeks later...

So pleased to find this thread.

 

Hubbie has just closed his late father's business, owes £329 to Scottish Power.

 

He cannot clear the debt and as they represent only about 1% of total debt, we have to treat them pro-rata with any available funds (my husbands wages!)

 

He's moved out of the premises they are no longer a priority debt as if they cut him off it's not going to be a problem. We've been told this by Debtline.

 

We sent them a letter explaining problem, advising them of arranged meetings with CAB & CCCS (charitable debt mgmt plan company) this month and sent a token payment of £10.

 

This they have cashed and on the second charming letter from Sterling Collections they record this payment as the debt has dropped to £319.

 

But they are threatening "Notice of court proceedings & impending default" and very cheekily refer continuing non-payment (they've clearly shown on their own paperwork that a payment has been processed!)

 

How serious are these Sterling Collections, are these threats just bully boy tactics it hope of scaring the living daylights out of you (it's working pretty well have to say!!) or do they follow through fairly promptly after this ?

 

Not going to pay up, we can, any available funds has to be distributed pro-rata and with their 1% they aint going to be getting big amounts.

 

We are hoping to setup DMP but I think these guys are going to be the monsters in the pack.

 

Any info of this lot very much appreciated.

 

Many thanks

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Definately no funds in the estate, but my husband worked with his dad, did seprate tax returns but think they's just say it his responsibilty. No partnership existed on paper, but going to be very difficult to prove, in a way that may get this lot of our backs.

 

They seem to be all guns blazing type sort of company. Just trying to find out from anyone with dealings with them if it is a lot of hot air or they say we'll start court proceedings they mean it ?

 

Many thanks for your reply

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As I said, your husband is not liable for this debt;

 

2u7t9g1.gif

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

Debt collection guidance - Final guidance on unfair business practices - oft664

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Many thanks for your reply.

 

How can we prove that my husband isnt liable ? He took over the day to day running of the business although his dad was still owner, so all the creditors are coming after him.

 

If going to see a solicitor or accountant would sort it out definately we'd consider it although goodness knows where we'd find the money, but I've asked on every forum, Business Debtline, etc.. and they all say he shouldnt be liable but not definate.

 

If we knew for definate it would be worth standing our ground, but if not we run the risk of court proceedings and even bigger debts.

 

Got an appointment with CAB on wed but been told they probably wont help with this and just dont know where to go from there.

 

Complaining to OFT may help to get Scottish power to back off but just so worried how to really deal with these people.

 

Other major concern is the address they keep using is his father's address, and so worried that they'll start turning up there or somehow get hold of the tel number (it's ex-directory) we're trying to keep this from his widow as she's very ill herself. Could give them our address but then that's giving them another person to get their teeth into.

 

All such a nightmare, dont know what to do for the best .....

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You don't have to prove anything, he could well have managed the business but that does not make him responsible for it's debts. Who's name was the business in; the utility bills in, who was the 'boss'? His father obviously.

 

If your husband had worked for someone who wasn't a relative & they died do you think he would be responsible for any debts owed by his employer? Of course not & it's just the same in this case with his late father. Debts are paid from the Estate & as I said if there are insufficient funds it ends right there. If these creditors were to try and take your husband to court for these debts they would be laughed straight out of it again & they would be liable for both costs and damages to your husband.

 

As I said above, tell the creditors to bog right off and make a complaint to your local Trading Standards and the OFT.

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