Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Scottish Law - Parking on Private Land


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5157 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Notice received from a company requesting payment of £70 i.e. £60 + Admin Fee. The Notice or invoice does give all the details that Town & City omitted in their Notice to Owner.

 

I had to search on the web to find out who they are .. Debt Recovery Agents & Sherifs Officers. Might get my day in court after all ;)

Link to post
Share on other sites

  • Replies 105
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

LEGAL EAGLES AND INFORMED FOLKS: Could you proof read and give advice prior to posting please :)

 

Vehicles Fee Paying Enquiry Section

DVLA

Swansea

SA99 1AJ

 

RE: Release of Information Request V888/2

 

Dear Sir/Madam

 

This letter requests no personal information and as such should not be interpreted as a Subject Access Request therefore no fee is due however if necessary I will serve a Subject Access Request subject to your response to this letter.

 

DVLA records will clearly detail that I am the Registered Keeper of Vehicle Reg. Number: XXXX XXX.

 

On the XX March 2009 I received an Invoice for an alleged Parking Charge Notice (PCN) issued on XX Dec 2008 by PPC purported I assume against my vehicle for some form of contravention or infraction. A copy has been enclosed which will be discussed in detail later.

 

After further investigation and due diligence it’s clear that the DVLA released my personal details to this Private Company for a fee in the form of a V888/2 request! As such I request DVLA furnish me with any and all information related to this V888/2 request by (PPC) including but not limited to evidence of Contract/Agreement between Town & City Parking Ltd and the Landowner.

 

The DVLA has a duty to protect my private information and not simply disclose to Private Entities for a fee on the basis of good faith!

 

Please refer to the photocopy Invoice from PPC which demonstrates they are members of British Parking Association (BPA). DVLA have deemed BPA an Accredited Trade Association (ATA). All BPA members must adhere to the BPA’s Code of Practice and be party to the BPA Approved Operator Scheme (AOS).

 

“All BPA members who are involved in car parking enforcement on private land must become a member of the BPA’s Approved Operator Scheme. The primary focus of the scheme is to ensure that all operators wishing to electronically access the DVLA’s vehicle keepers’ details database are a regulated member of an Accredited Trade Association (ATA).” Direct quote from BPA Code of Practice!

 

I will make the assumption (as I am not an expert) that the invoice (the only correspondence ever received from this company) is deemed a Notice to Owner as such it clearly violates the BPA’s Code of Practice.

 

NOTICE TO OWNER (As detailed in the BPA Code of Practice section (67) Part A)

 

"A Notice to Owner may be sent to the registered keeper at the address provided by the DVLA, not less than 28 days after the Parking Ticket was issued. This Notice to Owner must state the following:"

 

  • That a Parking Ticket was fixed to the vehicle and has not been paid;
  • That the opportunity to pay a discounted amount has been lost;
  • The details of the alleged contravention;
  • The location, date and time;
  • The vehicle’s registration mark, make and (optionally) colour;
  • The description of the alleged contravention;

 

When serving a Notice to Owner, Operators must include a leaflet advising motorists of the ‘reasonable cause’ for the request and the complaints procedure by which keepers can notify the Information Commissioner and DVLA if they believe their data has been used inappropriately. This should also include the disputes resolution procedure if the ticket is challenged.

 

All the above items in RED were clearly omitted from the PPC Invoice. This Invoice is in dispute!

 

I look forward to your response and investigation of PPC as they are clearly violating BPA’s Code of Practice and indeed DVLA’s Accredited Trade Association Scheme.

 

Yours

Edited by Fright-Flight-Fight
PPC HA!
Link to post
Share on other sites

Ta but ...

 

How to request information from DVLA records

 

  • the V888 - for members of the public
  • the V888/2 - for companies (all circumstances, except where a penalty charge notice is issued)
  • the V888/3 - for companies (only if the keeper details are required to issue a penalty charge notice or reminder)

 

Explain please :)

Link to post
Share on other sites

  • 2 weeks later...

“NO FURTHER INTIMATION WILL BE GIVEN”

Intimation- A slight suggestion or vague understanding?

Do they mean INTIMIDATION? the act of intimidating a weaker person to make them do something.

That will be good then!:)

Link to post
Share on other sites

Well if 'No Further Intimation' will be given, that's their shorthand for telling you they'll no longer be contacting you, so won't that be a relief.

 

Their website is here; A. A. Hutton LLP - Debt Recovery, Sheriff Officers, Messengers-at-Arms, Credit Management

 

I've used them in the past and they're fine and upstanding - but they are only sending you the same stock letters they sent to my defaulting customer, and their charge for raising an action is considerably higher than sending out a few choice chaser letters.

Link to post
Share on other sites

Well if 'No Further Intimation' will be given, that's their shorthand for telling you they'll no longer be contacting you, so won't that be a relief.

 

Indeed but that could translate to court papers will be filed. It's all fair and well people saying ignore but ideally one should be prepared in the unlikely event.

 

RK has a witness that the driver did not enter in to contract as no signs were visible/seen by either driver or passenger i.e. no signs were seen due to heavy rain/darkness nor yellow lines.

 

Thanks

Edited by Fright-Flight-Fight
small update/deletion
Link to post
Share on other sites

The point I was making, was that when you CONTINUE to get more plaintive bleatings that you owe them money, you'll realise that not only are they lying to you about 'no further intimations', but also the bit about court action.

 

Sure, it's not unknown, but they are there to MAKE money, not gamble it on a court case.

Link to post
Share on other sites

Which PPC do you work for then Dominic Creamer ;)

 

The driver will go to court if papers arrive and will defend the case. The driver did not enter in to contract and the extortionate fee is not fair or reasonable damages.

 

Oh and lets not forget that PPC did not adhere to BPA COP thus should not have access to DVLA via electronic means.

Edited by Fright-Flight-Fight
BPA COP
Link to post
Share on other sites

I think he might be having a 'rest' ;)

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

I think he might be having a 'rest' ;)

 

I think may be for the best, coz although many of the "regulars" here found some of his posts entertaining, some of his recent posts were getting very near the knuckle with lies and could have mislead some newbies.

Link to post
Share on other sites

Well he's on the the 'Naughty Step' now :p

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...