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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.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Access To Gable End


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Hi,

 

I have a problem with my neighbour, I am having some cavity wall insulation done shortly and have asked to gain access to his property to put some scaffolding, he will have 4 poles in his garden, the company wont do work without scaffolding.

 

I got a defient no from the neighbour, Do I have any rights on this, as i need access to my house to do maintenance.

 

can someone advise

 

thanks

HSBC :Cry:

Data Protection Act sent 25/05 - statements received 06/07

First letter sent 07/07 - no response

Second letter sent 26/07 - 70% offer - refused

MCOL issued 01/09 - acknowledge 05/09.

 

First Direct :D

DPA sent 09/06 statements 22/06

First Letter sent 23/06 - settled in full 28/06

Timecard

DPA sent 04/08 statements 12/09

First Letter sent 12/09

 

Marbles :!:

DPA sent 04/08 statements 24/08

First Letter sent 25/08 - refused to pay

Second Letter sent 26/08

Egg :evil:

DPA sent 04/08 - still awaiting

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You might be a bit stuck here. I can only think of two possibilities - both long shots.

 

1. Party Wall Act 1996 - depending where the boundary of the property is and whether your end wall butts up to it, you may be allowed access for 'maintenance' (s2) , but cavity wall insulation is pushing it a bit.

 

2. An easement allowing you access for maintenance - a total guess and probably extremely unlikely.

 

How about offering the neighbour a bottle (or case) of their favourite tipple for the inconvenience - much easier (and more likely to get a result) than going to law.

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It's worth asking the neighbour why he has declined permission.

 

It may be he is concerned that the poles will damage his garden; and it may be that the scaffolding company has a way of avoiding that or limiting it to a level your neighbour will tolerate.

 

Tim.

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3 issues:

 

1) If the wall you are working on is a party wall then you need to serve a notice on your neighbour under the Party Wall etc. Act - lots of links explaining this if you google the act

 

2) If it is not a party wall check out the Access to Neighbouring Land Act - again googling this will get you lots of results.

 

3) offer your neighbour the case of wine as suggested above

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the scaffolding will be down on concrete, between his water butts, and he wouldnt take a case of wine I am sure of that.

 

It all started 1 year ago, when I was laying parking bay concrete down, he had a bit of dust from the working go on his car and he flew of the handle and started swearing at me, because he had to clean his car again, since then not spoke to him, and he is just being akward, the scaffolding will be up for 2 1/2 days at the max.

HSBC :Cry:

Data Protection Act sent 25/05 - statements received 06/07

First letter sent 07/07 - no response

Second letter sent 26/07 - 70% offer - refused

MCOL issued 01/09 - acknowledge 05/09.

 

First Direct :D

DPA sent 09/06 statements 22/06

First Letter sent 23/06 - settled in full 28/06

Timecard

DPA sent 04/08 statements 12/09

First Letter sent 12/09

 

Marbles :!:

DPA sent 04/08 statements 24/08

First Letter sent 25/08 - refused to pay

Second Letter sent 26/08

Egg :evil:

DPA sent 04/08 - still awaiting

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Ah. So he's teaching you a lesson.

 

I expect your taking legal action will only make things worse.

 

Have you tried other insulating companies and told them the problem to see if they can come up with a solution?

 

Tim

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i was under the impression they had to drill ap;prox 2" hole to get the insulation in, dont relish 2" holes on inside of house

HSBC :Cry:

Data Protection Act sent 25/05 - statements received 06/07

First letter sent 07/07 - no response

Second letter sent 26/07 - 70% offer - refused

MCOL issued 01/09 - acknowledge 05/09.

 

First Direct :D

DPA sent 09/06 statements 22/06

First Letter sent 23/06 - settled in full 28/06

Timecard

DPA sent 04/08 statements 12/09

First Letter sent 12/09

 

Marbles :!:

DPA sent 04/08 statements 24/08

First Letter sent 25/08 - refused to pay

Second Letter sent 26/08

Egg :evil:

DPA sent 04/08 - still awaiting

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If it is 2" then I agree with you. That would take a lot of making good.

Ours was done with a 22mm drill. I would have found this tolerable, especially if I could have persuaded the contractor to drill at discreet points to minimise/conceal cosmetic repair.

 

Elsinore

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I agree with the non court route of trying to tempt your neighbor with a few bottles of his favourite wine etc.

 

If you have to get a County Court order to get access then you'll also be required to "compansate" your neighbor for the inconvience.

 

So a few cases, might just be the cheaper option ;) .

 

Regards,

Tom3131.

Before you take any legal action, please read through the

FAQ's, then if you dont understand something, please ask for advice ;) .

 

If theres a thread in which you think I could help, please PM me using the Private Messaging facility in the top right hand corner of the screen.

 

Advice & opinions of tom3131, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you ha

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