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      If you do get a letter of Claim and or Pre Action Protocol pack 15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that (a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction; (b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction; (c) sanctions are to be applied. 16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include— (a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties; (b) an order that the party at fault pay those costs on an indemnity basis; (c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded; (d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct   .

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Calling all commercial first customers re: repossession HELP NEEDED

maverick18

By maverick18
in Home Repossessions

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maverick18

maverick18

Posted
Posted

Calling all commercial first customers re: repossession HELP NEEDED

 

May i firstly apologise for the length of this post however, when you read the same i hope you will understand that it is required.

 

In February 2008, my property was repossessed by Commercial First. During this time I had suffered sever health problems and was under the care of a mental health team, which to date it still the case. After repossession I did not have any will left to live, let alone keeping an eye on the development of my repossessed property.

 

Some months after the repossession i received a court order advising of what exactly they were claiming for including excessive solicitors fees and an early repayment fee of over £50,000.00. After being completely devestaed by this and knowing that if i didnt try to resolve this matter my life would be furthermore in ruins. It is then that i made steps to buy back the premises. Without going into further detail i did manage to re-secure the property in November 2008 despite the process starting in June 2008.

 

However, during this time the property had been broken into on at least 6 occassions that i am aware of to date. The amount of vandalism was tremendous and would you be suprised to hear that they are not admitting any responsibility for this. Tens of thousands of pounds worth of damage had been done, items stolen, sever damp caused by neglect. I have over the past 12 months been making complaints about this to the company you refuse to respond to my correspondence in full and will not take this matter any further. Whilst I have been investigating the matter I have found several areas in which they have been at fault and have been advised I have a very strong case against them.

 

I am looking for any other commercial first customers who can advise of any dealing they have had with the company. I have a list of complaints as long as your arm and still they fight it. I am 26 years of age and due to the stress of this situation i feel way beyond my years. Although I am just one person I feel that this is a matter that needs to be persued not only for myself but everyone who has ever been or will be in this situation.

 

I would be grateful for any input or advice that anyone can provide. Please do not hesitate to get in touch.

 

Again, apologies for the length of this post but I have only just skimmed the surface.

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Ell-enn

Ell-enn

Posted
Posted

Hi there, while the property was in their possession it should have been covered by their insurance and therefore their responsibility to put things right.

 

Is this a commercial property?

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maverick18

maverick18

Posted
  • Author
Posted

that is the exact issue i have been trying to stress for 12 months but are still refusing to deal with it. it is part commercial and part residential. I sent them 100 photographs of defects. i have been doing my own investigations and have found numerous discrepencies

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Ell-enn

Ell-enn

Posted
Posted

Perhaps you should now send them a Letter Before Action - giving them 7 or 14 days to respond positively before you issue a claim in the county court.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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rachieack

rachieack

Posted
Posted

Hi we are in the process of dealing with this company, we have sent letters of complaint and the internal investigation procedures are a joke! we had our property repossessed in April 2008 it was our business and our home. 9 months later the property was subject to an arson attack and they are still trying to claim the full amount + extremely unreasonable charges off of us. we would be interested in getting in contact as two heads are better than one!

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maverick18

maverick18

Posted
  • Author
Posted

Are you a Commercial First Customer? If so, it is more than likely that you have possibly been miss-sold your mortgage, over charged and generally misstreated by this company.

 

I am looking for customers to come forward so we can actually see this company brought to justice so if you are a customer of theirs at present or have been in the past please please get in touch as action is being taken and the more people that group together the harder the company will fall.

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racyfilly

racyfilly

Posted
Posted

Hi there

I would be interested to know if you have already taken action re commercial first i have good evidence my mortgage was missold and that even though the broker has gone bust there is still redress .i have been misstreated by this company and the Fsa are looking at them as well as my local county court ..i am in litigation with them too .Please get in touch

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Ingodwetrust

Ingodwetrust

Posted
Posted

I am in the same situation as maverick18 too my property was repossed and then after making a lumpsum payment I got the keys back only to find the property was stripped of all electrics copper pipes, so it had become inhabitable and not rentable after speaking with commercial first to sort out the repairs they dragged me along for Approx 9 months to tell me that it's not their problem although I have been making payments for insurance at my expense, beause I have not been able to repair the property and generate an income I have fallen back into arrears with them they took me to court to repossess again unless I make another huge payment, I'm beginning to think they sent someone on the inside to break in to my property so they can cash in and make a nice profit. The Fsa have been informed of the practices I offered to make payments which were agreed by commercial first they took the payment and told me they would stop action with courts only the next day I received a repossesion order. I am also a victim of rip off charges professionalism in this company is absent this company are modern day mafia and thieves I hope they rot in hell.

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Ingodwetrust

Ingodwetrust

Posted
Posted

Originally Posted by racyfilly:

Hi there

I would be interested to know if you have already taken action re commercial first i have good evidence my mortgage was missold and that even though the broker has gone bust there is still redress .i have been misstreated by this company and the Fsa are looking at them as well as my local county court ..i am in litigation with them too .Please get in touch

I am in the same situation as maverick18 too my property was repossed and then after making a lumpsum payment I got the keys back only to find the property was stripped of all electrics copper pipes, so it had become inhabitable and not rentable after speaking with commercial first to sort out the repairs they dragged me along for Approx 9 months to tell me that it's not their problem although I have been making payments for insurance at my expense, beause I have not been able to repair the property and generate an income I have fallen back into arrears with them they took me to court to repossess again unless I make another huge payment, I'm beginning to think they sent someone on the inside to break in to my property so they can cash in and make a nice profit. The Fsa have been informed of the practices I offered to make payments which were agreed by commercial first they took the payment and told me they would stop action with courts only the next day I received a repossesion order. I am also a victim of rip off charges professionalism in this company is absent this company are modern day mafia and thieves I hope they rot in hell.

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