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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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    • 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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stewing steak, lamb shanks, lenor, lurpak, heineken, sausage rolls, philips DAB radio, ferrero rocher, wines, ainsley harriott instant soups, kenco rapport, mars celebrations, badger beers, case of grolsh (275ml) at £8.63 (but is this cheap) - same query for stella - £22.99 for 24 x 568ml, cadbury's drinking chocolate, fairy dishwasher tablets, tia maris (1 ltre) £11.49 plus handbags, womens slippers etc etc.

 

Grundip freeview box at £27.59 and breville handblender at 28.74.

 

All prices are with VAT

 

 

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I was a member of Cosco but I cancelled my membership after the first year. I deal with a few wholesalers and Cosco is the most expensive and you have to pay a fee to join. 'Proper' wholesalers do not charge a fee.

Joining Costco is not as exclusive as they make out. All you need is a bill from home (Thosands of people work from home) and make a letterhead on your computer with a random company name. I know a few people that have done this and it works perfectly.

 

All in all, I wouldnt go back when I can get it elsewhere for less but I do miss the prawns in brine. They were good and I cant find them anywhere else. Other than that, a complete waste of £20 for membership.

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  • 4 weeks later...

It's part of the civil service so the answer is 'yes'. I had to go there yesterday and whilst looking at membership criteria it said if you work for a bank, insurance company (things to do with finance), or if you are a chartered 'anything', education, travel company (I think) then you can join. Even working for an airline qualifies.

 

 

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  • 3 weeks later...

Going off at a tangent slightly but I found out today that the wholesale fruit and vegetable market her in Brum will sell to ordinary members of the public (as long as you are on foot) betwen the hours of 03:00 and 11:00.

 

Going to check it out next week before going to work. It must be true in other citries you would think. Lots of lovely shallots to pickle and cook with.

 

 

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Hello Folks!

 

Costco is a good place to shop provided you plan ahead.

 

The trick is to avoid the pretty Gadgets and household stuff you really don't need, and concentrate on the best of the Food and Fruit.

 

Do watch their Huge Cakes and Monster Bags of Biscuits etc, as they are still using Hydrogenated Fat (or they were), and that is a killer best avoided. That said, most of the rest is very good, fresh meat and fish etc

 

Also, note that most Food and Fruit is zero VAT!

 

Also, note that all Gadgets and things like luxuries, fancy Shampoo, make-up, toys for big boys etc etc, are also all plus VAT!

 

Also, note that booze is also all plus VAT!

 

Get the picture? Yes? That's it, avoid the plus VAT items.

 

Next time, grab a big Trolley or Basket, and limit yourself to Food and Fruit...and you will find yourself hard pushed to spend £200 before the thing is full! I do mean really full.

 

The Fruit is, on the whole, far better than most rip-off Supermarkets. Stays fresh for longer, provided you check the Date Codes...usually a number, and you want to pick the highest number there. So, dig around the piles, and reach to the back of the display, and you'll find higher Date Codes. The Costco staff are there to keep sorting the displays to pull the older Date Codes to the front, your job is to burrow back, mess up their display, and grab the freshest there is! It's their career choice, after all, and you are keeping them in a job, so they won't mind!

 

I can't praise it enough, but I am well aware how easy it is to spend an arm and a leg the first few visits...done that, read the book and shot the rabbit (in the dim and distant past when I once had some money the banks hadn't taken off me)!

 

Anyway, once you have bought all the Food and Fruit you need, then go back in for Booze and any Gadgets you must have! By then you'll know what is left from your budget, and will know exactly what you can spend on the plonk and the flashy Digital Camera with the magic erectile lens!

 

Finally, their Coupons can be good. Watch what is coming up, and take advantage of the offers...provided you merge them with a well planned shop as suggested above. With Christmas coming, a well-planned trip to Costco can really fit a good time into a tight budget.

 

I even use a Spreadsheet to plan the visits and, since we did that, we've had the last two Christmas budgets hacked without straying a penny over what limited funds we had available.

 

It also helps that they don't take Debt Cards, er, I mean Credit Cards. Um, no, right first time...Debt Cards! It's Cash or Debit Cards, and that also helps to keep things sensible I find.

 

I hope this helps.

 

Cheers,

BRW

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  • 3 weeks later...
  • 1 year later...

Costco is great but beware of letting people you don't know become members through your account. My parents have a business account and someone they know through a friend asked them to give them membership and as they didn't see the harm they did it for them. But one day as they were at the tills paying they got called into the managers office and were told that they were going to loose there membership because the people they introduced were caught stealing stuff. My father explained that he didn't really know them an apologies and luckily didn't take it away. He wont be doing that again.

 

M

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