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    • 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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      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.

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Cancelling a Car Fianace Agreement


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I went to a car dealer on Saturday and looked at a car.

I then spoke to the finance manager who said he would check to see if I could get it on finance which he said I could.

I then did the forms and that was that.

He informed me i could cancel within 14 days if i so wished but never gave me a copy of the credit agreement.

I then decided not to go with the car

on the Tuesday and sent them an email saying I did not want it.

Today Thursday I got a call from the dealer asking me when I was coming to collect the car, I informed them of my email, they said they didn't get it.

I then told them over the phone that I didn't want it and put me trough to the finance manager who then said I could not cancel.

when I then reminded him of what he had told me on Saturday, he said he would ring me back as he needed to do something.

He didn't call me back

I spoke to a solicitor who said I should be able to cancel within 5 working days as it was not signed at the finance companies office.

Can anyone offer any advice?

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if you signed in a showroom i dont think you can cancel.

have a look in this forum or the welcome one.

sure i've seen this mentioned several times.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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In order for a credit agreement to be legally executed, Both yourself and the Underwriters of the finance company need to both sign the agreement, So if you signed it on the Saturday and the underwriters didn't sign it until the Monday then on Saturday and Sunday would be the days that the credit agreement would not be legally enforceable. Keep a copy of your emai which you sent to them as this provides the date that you requested to cancel the agreement.

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i have sent a cancellation letter on Thursday by special delivery to both the finance company the garage wanted none of it but when my solisitor called them they have started to change their tune they know i am not messing they have also made a slight spelling mistake in my name and got my address slightly wrong so dont know whats going on

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Hi,

am a Finance Manager for a large car dealership.

As an above post stated, you have fourteen days to cancel the agreement if it was not signed on trade property.

As you signed in the dealership I am afraid you cannot.

However, again as someone has stated if you tried to cancel before the deal was executed then you have a right.

Did the finance manager give you a copy of the Pre contract and all subsequent documents at the time of sign up?

Did you purchase any insurance products, ie gap, ppp ect as these products do have a 14 day cancellation period.

Which finance company have you signed with?

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Well if we are being pedantic, PPI is cancellable throughout the term of the loan if monthly premium payable.

The point i was trying to make is that maybe the poster got wires crossed in respect of the cancellation period.

The finance manager may have said you have 14 days to cancel insurance products ect and customer then thought this included the finance agreement.

If the original poster can let me have the above info i will double check for them.

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Well if we are being pedantic, PPI is cancellable throughout the term of the loan if monthly premium payable.

 not being picky 

most of the insurance crap is front loaded 

ive yet to come upon a car finance agreement with monthly payments for the insurance crap

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On a HP agreement it has to be shown seperately, so the customer knows exactly what they are paying for. Ie if the total monthly payment is £200 per month and included in that is gap insurance of £15.00 per month it has to be shown

Car insurance/warranty

On a personal loan document they dont need to split them up (This is car finance only) just incase someone comes along and tries to shoot me down.

On a HP agreement it must be broke down for the customer so they can see

how much the car is costing per month,

how much the insurance is per month

and then a total monthly premium.

To be honest though some dealers may not follow the rules as they should

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Quote

On a personal loan document they dont need to split them up (This is car finance only) just incase someone comes along and tries to shoot me down.

they do if ppi etc is added

Quote

 

On a HP agreement it must be broke down for the customer so they can see

how much the car is costing per month,

how much the insurance is per month

and then a total monthly premium.

To be honest though some dealers may not follow the rules as they should

 

that should also be provided in the statement of price

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