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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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      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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keep getting bailiffs and demands but they are going to the wrong address


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For the last couple of years we getting final demands and summonses (sp?) being delivered to our address by mistake (meant for the same number and road name but the next village about a mile away). We've even had bailiffs call but have always redirected them to where they should be.

 

It's no longer amusing as we had yet another one, delivered by hand first thing this morning. As there was no return address my wife decided to open it to try and contact whoever it is to say stop coming to the wrong address.

 

She had quite a shock when she read the contents as it was a notice of removal of goods if payment was not received within 24 hours and a notice of siezure of goods and inventory, which goes on to list our cars :eek: (in fact the notice says they have siezed them but they haven't as we both drove to work today).

 

Now she's phoned the contact number on the letter and told them they are coming to the wrong village (I blame satnav - one make actually reports our address as in the next village, tomtom says we don't exist) and they have said "Ooh sorry we'll put a note on the account". That however doesn't inspire a lot of confidence, especially seeing as we are both out at work all day and my 17yr old daughter is in the house on her own.

 

The person they are after owes council tax just over £1000 but this isnt us.

 

What can I do to ensure this stops?

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we have...

we phoned the council, they said we needed to deal with the bailiffs and wouldnt discuss the case as we are not the debtor

 

we phoned the bailiffs who said we'll put a note on the file, whatever that means

 

we also phoned the county court where the judgement must have been serverd who said they would tell the bailiffs to back off and get the right address.

 

none of which has left us feeling confident someone won't turn up in the dead of night and take the cars

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we phoned the council, they said we needed to deal with the bailiffs and wouldn't discuss the case as we are not the debtor

all i can suggest is sending the council an e-mail putting them on notice that you are holding them fully reasonable for any actions the bailiffs take regarding your cars clamp /removal that are now subject to a levy

 

we phoned the bailiffs who said we'll put a note on the file, whatever that means

Don't want to worry you but i would not be happy with this and would phone them again or e-mail if you can get e-mail addy and ask for conformation in writing

what bailiffs company is this

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It's easy for me to say but there is nothing to worry about, the bailiffs are calling your bluff in the belief that they are at the right address. The law provides good protection for people in your position, the first thing to remember is not to get "stroppy", call the bailiffs and explain the error of their ways and you should find the situation resolved. They have effected "constructive distress" which incidentally is illegal, however not even the bailiffs are stupid enough to come along and take the car without checking the registered keeper and assuming you are not the debtor then you have nothing to worry about.

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The council can't discuss this? Bullfrog!

 

Seems to me that your council like many before, simply do not wish to make decisions or to take on responsibility for their own irresponsible laxity.

 

They are the ones responsible. It is they who have set the lap dogs on to you and it is surely they who have the wrong address on their file. They are the ones who have involved you through their own incompetance and as a result, disrupted your life. They owe you an explanation for that and an assurance that it won't happen again. That's the least they can do. Make them discuss this

 

UK27

Oh yes, they are that stupid. Happens all the time as threads on this site will tell you.

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I finally got through to someone in the council who recognised the seriousness of the issue and accepted that it was something they should do something about (this was yesterday).

 

The council havent set the dogs on us, per se, they have set the dogs on the "right" person it's just that because our addresses are so similar and sat nav cant tell the difference between the two even though there is a 1.5 mile gap, the bailiffs have kept turning up at the wrong address. Even the address on their documentation is correct, and we have had to show them proof that the address on their documentation is not where they are standing when they do show up :rolleyes:

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A similar story to this appeared in the Mail on Sunday (23-08-09 Financial section p56)

 

For those who are unable to view the image and as the story has not yet appeared on the MOS web site yet...

 

 

Reader writes:

 

I am sending you a copy of a letter from bailiffs ROSSENDALES.

They have got the wrong address and I have made my views perfectly clear to them.

I understand from the police that they cannot force entry. However,no matter how many times I read their letter, I cannot see that they intend to comply with the law and in my absence they would simply break in.

this has caused my wife and me great worry,but in other hands it could have caused much greater concern.

 

Tony Hetherington replies:

 

The letter,which was hand delivered by Rossendales is headed "Bailiff Removal".

It claims you owe council tax and adds "I have attended today with the intention of removing your goods and chattels as are necessary to discharge the above debt and any additional enforcement costs incurred"

The Letter,signed by "bailiff in charge" Tracey Stone, continues:

"I will re-attend at your address at my convenience and may REMOVE goods even in your absence"

Ms Stone ends by warning that if you fail to contact her at once,this will be taken as a deliberate refusal to pay

 

Yet none of this has anything to do with you. Ten miles away from you home there is a road of the same name,but with a different post code.

That was Ms Stones intended target and ROSSENDALES blames her cars Satnav for taking her to your day.

The Firms letter clearly threatens that Ms Stone will return and seize goods, even if you are away. If you had been on holiday, you would not have received her letter or called her, so how would she gained entry, except by breaking in?

 

The answer is that the threatening letter is based on a bluff or a lie.Unless they have a court order,baliffs are like vampires- they can only enter your home by invitation,but once you have invited them in,they can come back.

I asked ROSSENDALES to comment and it admitted that it had no intention of forcing entry into your home.It was just trying to scare the debtor into paying. With poor grace though,it added that its threat to enter you home 'is not misleading when directed towards the right person'.

 

ROSSENDALES has given you a written apology,but again it is less than complete with the firm insisting 'that the letter which our bailiff left was not addressed to you and there is no reason that you should feel threatened by it'

 

All I would say is that I would have felt threatened. If someone is stupid enough to deliver a threat to the wrong address,they are stupid enough to try to seize goods from it.

ROSSENDALES tells me it has NEVER seized someone's goods by mistake,but somehow I do not find this 100 per cent reassuring.

 

********************************************************************

For reference. Tracey Stone is a certificated bailiff (exp 11/03/2010 for ROSSENDALES LTD)

MOS-Rossendales.jpg

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This as clear an admittance by a bailiff firm that they know the law and that they have no intention of acting within it. The MoS has stopped short of calling this what it is - attempted fraud by false documentation - (Sec 3 of the Fraud Act 2006). As a result Rossendales can hardly stand behind a moribund defence that it was not their intention to extract money by falsely claiming a legal right to a payment thay they they knew never existed. That is the definition of fraud.

 

Loved the useless piece where Rossendales blamed the householder for feeling threatened by their threat.

 

I guess their brains are too highly tuned for the rest of us to appreciate.....

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