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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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RLP CLIENTS-have you written to any/had a response.


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This thread is for details of letters written to/ responses from stores.

 

We know that members have written in complaint to their own issues we need to collate this information-its easier to keep track on this if its posted here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

Hi Martin,

 

I thought it might be helpful if those threads that have reached a conclusion such as mine and the lady with child at boots, if in the title you could add, Conclusion reached or something as it would give anyone coming to this site threads that they could identify have had a result.

 

I thought it might encourage people to persist.

 

Or a sticky listing those that have reached a conclusion perhaps?

 

Cheers

 

tried to PM u but you're full again

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OK BW By the way did you get my comment asking victims to contact you &/or Martin to be provided with templates. The reason I'm not placing them on the open forum just yet is so they can be modified to include any new evidence which becomes available in the near future not least confirmation of the CCL matter

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  • 2 weeks later...

Just wanted to let you know that I received a response from Boots Legal Dept. They mantain that RLP are not able to write to parents instead of the child concerned for Data Protection reasons as that would be a breach of confidentialty to the child. (Then why did Boots ask for my details when she was stopped?) They have however, agreed with RLP that the letter they send to teenagers will "... include an encouragement to the teenager to inform their parent or guardian of what has happened and to seek their assistance in resolving the matter." (I really can't see how this would help with a teenager who is already scared witless by their parents inital reaction to the whole matter!)

 

They also state that RLP are not required to hold a Consumer Credit License as they are not acting as debt collectors.

 

They clam that the items my daughter stole had been opened and were not in a re-saleable conditon. My daughter vehemently denies this, but it seems it is now our word against theirs and I don't see we have a leg to stand on.

 

I have also had a response from The Childrens Commssioner, they say they cannot intervene in any individual matter (not what I was asking for, only ponting out the threat to retain data that could affect my daughters future credit rating) and suggest contact the Childrens Legal Centre, Unibversty of Essex, Wivenhoe Park, Colchester ESSEX CO4 3SQ.

 

Disappointingly, no response as yet from Nottingham Trading Standards.

 

It seems to me that this whole business is happening because the law allows for it, even if this is not the way it was intended. Some bright spark has seen this 'gap in the market' and is now making a very lucrative profit having set up RLP. The Stores involved probably aren't making much money out of it themselves, but it saves them the trouble of involving the Police and all they have to do is pass the teenagers details to RLP. No doubt they would also argue the deterrent value. The only way I can see a stop to RLP is if the stores can be convinced as to how damaging this is to the families involved. I sincerely hope that it does not take a teenagers suicide to do that.

 

The affect this whole business has had on us, as a family has been awful. To the parents of the girl who tested the hair mousse, I hope you take this all the way. At the end of the day my daughter did wrong, your daughter did nothing intentional. I can well understand your reluctance to get the press involved, but you have a good case and RLP and the companies they represent rely on the fact that those concerned will be to ashamed to follow this route. I wish you the very best of luck.:(

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Once again we see the DPA being used as an excuse for bad behaviour. They are talking rollocks there is nothing in the DPA which permits them to send threatening letters to under 18s...............As with ALL threatened or concurrent litigation they must communicate directly with the guardian/parent NOT the minor ................ Suggest you write back pointing this out & the fact that they have does, you have been advised, constitute harrasment of a minor

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Just wanted to let you know that I received a response from Boots Legal Dept. They mantain that RLP are not able to write to parents instead of the child concerned for Data Protection reasons as that would be a breach of confidentialty to the child. (Then why did Boots ask for my details when she was stopped?) They have however, agreed with RLP that the letter they send to teenagers will "... include an encouragement to the teenager to inform their parent or guardian of what has happened and to seek their assistance in resolving the matter." (I really can't see how this would help with a teenager who is already scared witless by their parents inital reaction to the whole matter!)

 

They also state that RLP are not required to hold a Consumer Credit License as they are not acting as debt collectors.

 

They clam that the items my daughter stole had been opened and were not in a re-saleable conditon. My daughter vehemently denies this, but it seems it is now our word against theirs and I don't see we have a leg to stand on.

 

I have also had a response from The Childrens Commssioner, they say they cannot intervene in any individual matter (not what I was asking for, only ponting out the threat to retain data that could affect my daughters future credit rating) and suggest contact the Childrens Legal Centre, Unibversty of Essex, Wivenhoe Park, Colchester ESSEX CO4 3SQ.

 

Disappointingly, no response as yet from Nottingham Trading Standards.

 

It seems to me that this whole business is happening because the law allows for it, even if this is not the way it was intended. Some bright spark has seen this 'gap in the market' and is now making a very lucrative profit having set up RLP. The Stores involved probably aren't making much money out of it themselves, but it saves them the trouble of involving the Police and all they have to do is pass the teenagers details to RLP. No doubt they would also argue the deterrent value. The only way I can see a stop to RLP is if the stores can be convinced as to how damaging this is to the families involved. I sincerely hope that it does not take a teenagers suicide to do that.

 

The affect this whole business has had on us, as a family has been awful. To the parents of the girl who tested the hair mousse, I hope you take this all the way. At the end of the day my daughter did wrong, your daughter did nothing intentional. I can well understand your reluctance to get the press involved, but you have a good case and RLP and the companies they represent rely on the fact that those concerned will be to ashamed to follow this route. I wish you the very best of luck.:(

 

The lukewarm response from the Childrens Commissioner is very disappointing.

It is this kind of response that disheartens people.

This is the problem people will be coming up against,someone reads a letter and just thinks "shoplifter,we can't get involved."

 

It is patronizing,and I would write again pointing this out.Tell them she has admitted a criminal act,and as a parent you have dealt with that,but that is an entirely seperate issue,and would they please address your other points.

 

I have heard it said by Managers,there is no point in calling the Police for alleged theft these days,as all they get is a fine and not even a criminal record.Perhaps this is part of the problem why stores are choosing RLP over calling the Police.

 

You could visit the store and ask to inspect the "opened " goods,noting exactly what goods their are(ideally with your daughter present if possible) (I suspect they won't have them and they will have been returned to the shopfloor for resale).There should be a paper trail ,a written record by Security,of where the goods are stored,and how they were later "disposed of". Alternativly a photo.If the goods have been "written off",( a book is usually kept by managers on the shopfloor for this purpose)a signature will need to have been obtained for accounting purposes.Those goods are then in theory,destroyed.

Edited by shanty
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Write back to Children's Commissioner telling him your very disappointed with his response particularly as he appears to be sanctioning the blackening of a child's name by a firm who's sole MO is to make money. That subject to his next reply you will making a formal compliant to both your MP & the MoJ

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  • 4 weeks later...

PSNI are not working WITH RLP, RLP simply joined in a discussion once.

Edited by yourbank

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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  • 2 months later...

These threads need to be progressed in main forum.

Will move them there.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 year later...

Hi there, my first post so be gentle with me. My wife was "apprehended" when leaving the local Tesco's . I won't go into detail but the Police were called and she was issued with a FPN of £80. A week later we received the letter from RLP demanding £137.50, due to "a wrongful act being committed.

I was not too sure about this letter so I decided to do a bit of investigation and ended up here on this forum. After reading several threads about RLP I decided to write to them. I opened my letter by stating that a FPN was not an admition of guilt and, whilst I admit there would of been some administrative costs involved, the fact that no goods were opened or damaged in any way, I felt £137.50 was excessive and I sent a cheque for £70 and asked them to accept this as full and final settlement of this matter.

I have today, exactly one week later, received a reply from RLP, with a lot of legal quotations and reasons why their costs were set so high, ACCEPTING my payment of £70 and the matter is now concluded.

 

May I take this opportunity to thank everyone that posts on here and just advise anyone in the same position as I was to write, being courteous and fair,and hopefully your case will be dealt with the same.

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Hi there, my first post so be gentle with me. My wife was "apprehended" when leaving the local Tesco's . I won't go into detail but the Police were called and she was issued with a FPN of £80. A week later we received the letter from RLP demanding £137.50, due to "a wrongful act being committed.

I was not too sure about this letter so I decided to do a bit of investigation and ended up here on this forum. After reading several threads about RLP I decided to write to them. I opened my letter by stating that a FPN was not an admition of guilt and, whilst I admit there would of been some administrative costs involved, the fact that no goods were opened or damaged in any way, I felt £137.50 was excessive and I sent a cheque for £70 and asked them to accept this as full and final settlement of this matter.

I have today, exactly one week later, received a reply from RLP, with a lot of legal quotations and reasons why their costs were set so high, ACCEPTING my payment of £70 and the matter is now concluded.

 

May I take this opportunity to thank everyone that posts on here and just advise anyone in the same position as I was to write, being courteous and fair,and hopefully your case will be dealt with the same.

 

 

Hi Its good to have the pressure go

 

However clearly you haven't done enough research as if you had you'd know that any payment to RLP WILL be construed by them & their clients as a sign of guilt. This they believe will permit them to place you wife's details on their data base, which was formerly known, as a record of dishonest persons, "some of whom may not have been convicted of an offence" thereby blighting amongst others things any future job prospects, obtaining credit a mortgage or even insurance

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Thanks for your reply Jonchris. I understood that whether I paid or not the details would be put on their data base. It is a shame there is not enough advice about this on these forums, perhaps you could make it clearer for us! It is also a pain when you try and research and most of what you read is forum members having a go at each other rather than addressing the issue at hand.What do you suggest, if anything, I do now or should I just leave this matter alone now?

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Thanks for your reply Jonchris. I understood that whether I paid or not the details would be put on their data base. It is a shame there is not enough advice about this on these forums, perhaps you could make it clearer for us! It is also a pain when you try and research and most of what you read is forum members having a go at each other rather than addressing the issue at hand.What do you suggest, if anything, I do now or should I just leave this matter alone now?

 

 

Eventhough you have paid you can still reverse the situation but you would have to be prepared to take the fight to them

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  • 3 months later...

i fear that the acceptance of the FPT will be seen as an admission of guilt- i retired from the police before these FPT were introduced but i would be surprised if it were not the case that they cannot be issued UNLESS the person admits the offence. ##

 

if they deny the offence the police officer would then have to report her for the offence and caution her under PACE

 

alternatively- if i am wrong- then there would be a time period in which the alleged offender could dispute the FPT and ask for a hearing before magistrates- again if she did not dispute- but paid the FPT then this would be taken as an admission of guilt and then the only questions would relate to the amount being claimed ( IMO)

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