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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.

      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
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Urgent advice needed - Compensation for delay in insurance claim


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Hi can anyone give me some advice? We have got an insurance claim going on at the moment with Allianz insurance and they appointed Cunningham Lindsey as the loss adjuster. Our house flooded on the 5th September last year and a claim was put in the next day. Basically they came and took all the floors up downstairs and brought in all the dryers, which were in for about a month. we have two children aged 1 and 2 so there was no was we could stay there with no floors, the baby had just started crawling so obviously could not crawl about on the concrete. we therefore had to move into my parents house about 10 miles away, hoping that this would be a short term thing. Since then there have been a catalogue of errors on the loss adjusters part, for example they delayed by a month instructing some one to take up old floor tiles which were holding water, they first had to be tested for asbestos, this took another month to be done. To cut a long story short they have admitted there were unnecessary delays and I have now had to go direct to the insurance company to make a formal complaint. This has been an extremely stressful time for us all, I have been in tears on the phone to the loss adjuster because of their incompetence, we were unable to spend christmas in our home and we have had considerable expense having to pay 'board and lodge' to my parents towards heating costs etc and extra petrol to work due to having to travel approx ten miles further each way every day. Bearing in mind i have already had to pay a £200 excess on the policy.

Anyway they have rung this morning, asked what i am expecting and I have said financial compensation, which they are willing to pay. Trouble is they have put the ball in our court too give them a realistic figure and I haven't got a clue what to tell them! Can anyone advise what would be a realistic figure to ask for?? I need to get back to them by the end of the week. Thanks, Nadine

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I had a very similar thing a couple of years back. Flooded, found asbestos in the artexing etc etc. and had to move out whilst the asbestos was removed, from all the ceiling, walls etc. Have a look on your insurance document (I gather you are claiming on the buildings insurance?), you might some benefit whereby they have to pay for your board and lodgings etc. If this is the case then you can work out easily what it would cost to stay in a hotel for the duration you have been at your parents, then add things like, daily food allowances etc.

 

Fortunately, my insurance company, housed us in a hotel for the duration, paid all my dog kennel expenses, allowed me a daily food allowance and then had to pay for the contents of my freezer, after they turned the electricity off and ruined all the food and due to amounts of dust in the air my TV wouldn't work. I think all in all I got about £4,000 from the insurance company, thanks to them not being able to manage the job effectively.

 

Highly stressful time though!

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The first thing to do is to check your insurance policy. There will be a section that will list the cover (financial compensation) that you are entitled to if you have to be rehoused somewhere else. The sad news is that you almost certainly could have stayed at a hostel for a claim such of this instead of having to impose upon your parents.

 

 

Now assuming that you have the Homecover policy, then according to this link http://www.allianz.co.uk/personal/assets/pdf/new/ACPER0199-6.pdf (page 9, section 14) you are covered for rent you pay or receive, or for reasonable expenses up to 20% of the sum insured value. So if you were covered for, say £100,000 of Buildings damage then you could receive up to £20,000 compensation. So check this first to make sure what your cover is - but Allianz do sell pretty good products so I would assume that you would be more than covered for 6 months away.

 

Now the reason to check this is because if you do work out that you want to claim more than you are covered for then you will have to explain why you are entitled to this extra amount. Your argument will of course be that CL have admitted to unreasonable delays, but then Allianz will charge CL for this loss, and CL will get bitchy about it, so I would not mention this unless you absolutely have to.

 

 

 

So the next step is to work out what loss you have received from having to live at your parents. Unfortunately things like 'stress' and 'inconvenience' are very hard to prove, so you will need to go with the monetary figure that you are paying to your parents. So if for example you were paying £400pcm for the last 6 months your claim would be £2,400. Things like providing a rent book as evidence of payments, or a contract for settlement upon payment from the insurance company is a great way to help prove these figures are true.

 

After you have done this then work out anything else than may have been additional cost (extra parking permits, more petrol to get to work etc) and add them in to get to your offer. Don't take the **** but do add in everything you can think of that is reasonable, and make sure to break it down in the offer. If you have to spend an extra £5 a week on extra trips to the supermarket because there is not enough freezer space with your parents then add this in!!

 

Once you have done this then submit your offer to CL. Don't give your full breakdown at this stage: use it later to justify your cost. Just give rent and expenses and the total.

 

 

 

 

If you feel that your house will not be ready soon then it may be worth informing CL that you will be moving into a hotel / renting somewhere. Now depending on what your preferences are this can be more stressful than paying rent to a relative, so think carefully about this. Whatever you do talk to CL in advance - although this is not an uncommon thing to do you want to keep CL on your side with no nasty surprises, and obviously you are not entitled to rent a mansion ;)

 

 

Finally if you need the cash soon because you are running short (and it's amazing how a change in circumstance can really bite into any reserves you have, plus the last thing you need with all this stress is money worries) then ask for an interim payment. If your total claim was, say, £3000 then an interim payment of something like £500 is very unlikely to be refused.

 

 

Good luck, and if you have any more questions feel free to ask - there are many users here that are far more involved with the claims process than I am so they may be able to give you more specific advice.

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Hi all,

 

Many thanks for your replies this has been a big help. I have written the lady dealing with the complaint a lengthy e-mail detailing everything that has happened, and she is now apparently investigating things with the companies involved. When I wrote it all down I realised how bad things have actually been and feel very strongly that this claim has not been dealt with professionally by the loss adjusters. I have been on the phone to them in tears at times and have received absolutely no sympathy in fact at times they were downright rude! The worst thing is I did ring allianz early on and ask about alternative accomodation and they said as there was no loss of eating, sleeping or bathing facilities we would not be entitled!! I have heard fairly positive things about Allianz though so I am hoping that now they are involved the complaint will be dealt with properly. I will give you an update in due course!

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  • 1 month later...

Hi Nina12... sounds like a very stressful time, the above comments from wulfyn and other are very correct. when it comes to AA ( alternative accomodation) there is a limit.

But if you parents where to kick you out the you would effectively be homeless as your home sounds uninhabitable... get the builders,adjusters, insurers to confirm that the property IS uninhabitable and then immediately request Like4Like accomodation.. ie it doesnt have to be a hotel/motel if the works are being held up request a short term lease on a similar property within the area..The adjuster and the Insurers have the resources and remember you are intitled to it.

As for the compensation - dont hear many insurers giving money away for nothing, you must remember that they are a business..but certainly wulfyn has given you some top advise about noting every expense that can been reclaimed.

Stay positive...hopefully things will be on the move.. :)

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