Jump to content


  • Tweets

  • Posts

    • 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
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

CO-OP OD all charges - and Loan to pay off OD...


phatram
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2103 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have today received two letters from Moorcroft, one of which is about my CO-OP loan and one which is for an amount of bank charges the CO-OP have already refunded into our now closed current account,

 

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/75783-phil-alison-coop-2-a-7.html

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/235045-us-fredricsons-coop.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/71441-loans.html

 

 

The loan was being investigated by the FOS,

when that investigation ended I restarted paying my loan each month as required,

sometimes paying two payments a month.

 

The CO-OP have now passed this on again to a DCA who say I've not been paying.

 

I've been paying over £200 a month by building society cheque now for months.

 

Two of the cheques have been paid into our joint savings account but there is no sign of the other payments.

 

The money has gone out of our building society account.

 

Any ideas what I should do?

Link to post
Share on other sites

  • Replies 183
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Whats outstanding on the loan,and how much have they refunded to the closed account ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Cheers.

Gonna send this or one similar,

 

Dear Sir,

 

I am in receipt of your letters dated 07/07/2010 and feel I must draw your attention to the following

 

Alleged debt No1 for the sum of £****is a non existent debt as the enclosed copy of our final current account statement will prove

 

Alleged debt No2 for the sum of £****is for my loan.

 

This loan account was in dispute and subject to an investigation by the FOS so repayments were suspended.

When the investigation was complete I began making payments again by building society cheque

which have ALL been cashed by the CO-OPERATIVE BANK so the figure you quote is incorrect.

 

 

They have incorrectly put two of these payments into our savings account, which doesn’t say much for them.

I enclose proof of this.

Perhaps you can ask them where my money has gone?

 

May I suggest you check these things out before you start threatening people with your nasty letters.

 

You might also like to know that I will be making a formal complaint about this to the relevant authorities

Please forward details of your own complaints procedure.

Link to post
Share on other sites

i too have had a letter today from moorcroft threatening court action on a loan that is being investigated by the fos for 9 missold ppi policies lol

 

Ill write back inviting them to go ahead as this complaint has been ongoing now for 2 yrs and i aint paying them a penny more as they owe me more than i owe them

 

Bring it on i say

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

they have done the same to me the fos will do nothing about it as they are toothless and will say the coop have a right to do this the fos do not apply the law in these cases have a read of the uttcr 1999 it is very clear that they cannot take these actions on a disputed account

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

  • 5 weeks later...

moorcroftrecurrentaccountaug2010.jpg

 

If thats the case this is in dispute 'cos they owe us £1000's in bank charges from our 2nd claim.

 

frommoorcroftreloanaug2010.jpg

 

I told them this loan account WAS in dispute and WAS being investigated by the FOS, this has now concluded and I started repayments. The Coop has had this money but don't seem to be able to account for it. They say they terminated the loan while the investigation was ongoing!

Link to post
Share on other sites

To Moorcroft re current account.

 

ACCOUNT IN DISPUTE

Dear Sir/Madam,

 

Thank you for your letter of 03/08/2010 the contents of which are noted.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with THE CO-OPERATIVE BANK Plc prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the CPUTR 2008, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Link to post
Share on other sites

  • 2 weeks later...

I have today received the following,

1/ Concerning o/d made up of charges.

frmmcroftrecurrentaccod16aug2010part1.jpg

 

frmmcroftrecurrentaccod16aug2010part2.jpg

 

2/ Concerning loan.

frommcroftreloan16aug2010.jpg

 

Even after the useless FOS found in the Coop's favour concerning the loan, I still think it should be recalculated to allow for the charges part of the O/D this loan was taken out for. I have claimed back charges and interest but I'm still paying another lot of interest on the loan. Clear as mud I know but if I've been charged two lots of interest on the O/D surely I can claim both back?

 

Sending the following,

 

Moorcroft Debt Recovery Ltd

2 Spring Gardens

Stockport

SK1 4AJ

Dear Sir,

I repeat I consider both these accounts to be in dispute. The Co-operative bank know this and are not being truthful with you.

Find enclosed a copy of an up to date spreadsheet showing the amount I believe the Co-op owe myself and my wife.

The consolidation loan taken out was to pay off an overdraft which included unlawful charges and interest on those charges and I believe that this needs to be recalculated to allow for this.

When the bank pays me the amount owed I shall settle all debts owing to them.

I say they owe us £8k plus, they say I owe them £7k.

Link to post
Share on other sites

  • 2 months later...
  • 2 months later...

Frommoorcroft11thjan2011.jpg

 

What should I do now?

 

What should I do now?

bump

 

Moorcroft returned this to the Co-op.

 

I have now received letters from Lewis Debt Recovery.

 

What should I do?

 

Just as before or take it further?

 

They have also sent letters addressed to me but sent them to my daughters university lodgings in another city !

Link to post
Share on other sites

  • 4 months later...

Freds returned the accounts to Coop, who then passed them to Moorcroft, who passed them back to Coop, who passed them to Lewis ! lol

 

P.S Coop now owe us £10500 in bank charges and interest. Should I ask Lewis to collect that for us then deduct what we owe the Coop and send us the difference?:-)

 

This has just arrived,

 

fromlowellscoopcrrntaccmay2013001_zps3b1fdf1a.jpg

 

Should I ignore ?

 

bump

Link to post
Share on other sites

  • 1 month later...
  • 1 year later...
  • 1 month later...

Did you get the SAR done as Cerberus suggested way back?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Yes and yes. It's the COOP joint current account O/D debt which is completely made up of charges and interest on those charges.

Anything of interest in the SAR data?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Dont know what you mean sorry.

 

 

What data did you receive?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Another letter arrived today. Who do I complain to ? Is there a letter to send off? Thanks

 

Saying what?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...