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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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Egg card CRP


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I SARd egg last year asking for everything but specifically mentioning key documents, including PPI application and PPI credit agreement. I received nothing that I can see proves I actually asked for PPI.

 

I recently wrote to egg asking for a refund of CRP premiums and interest, stating the following reasons why I believe it to be mis-sold:

 

1. I don't recall asking for it; and

 

2. My employment status would not have facilitated a payout- I was a student and although I was employed part time, I was not guaranteed any hours, thus I could potentially work 12 hours one week, 4 the next, and none the folowing.

 

 

Egg have replied stating the following:

 

Our online sales process:

 

Does not require you to take rpi as a condition of obtaining the credit card.

 

Does not provide an advisory service.

 

Required you to positively confirm that you wished to purchase this policy during the online application.

 

Provided full terms and conditions of the policy and requested you read them before submitting.

 

 

Therefore they are not upholding my complaint and consider it closed. Yadda yadda. Do egg usually fob people off, or have they actually looked into things?

 

 

By some miracle, I have my original documentation from when I applied. When I was sent the card agreement to sign, I also received a set of T&Cs for the PPI, but nothing to sign. The interesting points from this are:

 

Eligibility

You can take out this policy if at the start date you are:

...

actively at Work and have been working continuously for the 6 months immediately prior to the start date

...

 

Definitions

Work means a continuous period of permanent gainful employment (either full time or part time) You must also pay the correct National Insurance contributions.

 

What is not covered- Unemployment

You are not covered if you become unemployed:

 

because your work is seasonal, casual, temporary or occasional

 

 

I can now amend my complaint to additionally say that my employment was seasonal as I only worked during university term time, and I only started my job 4 months before I applied for the card.

 

 

To recap, I don't recall asking for CRP and Egg have provided no proof; I was employed for only 4 months before the CRP began; My employment was seasonal; My employment could probably be described as casual (zero hour, no guaranteed hours).

 

Should I go back to egg with additional evidence, as they have stated in their letter? Or am I best to go to the FOS?

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at the end of the day you have the usual fob-off letter for whatever reason.

 

just ignore what they are saying and put in your claim and spreadsheet

 

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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Craigers,

 

As Dx has said, you have had the brush off from Egg.

 

You need to go through your statements and enter each monthly PPI charge into a spreadsheet along with the date of charges.

 

If you attach the spreadsheet to a post, I will go through it and help calculate how much you should be claiming.

 

DJ

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i'm slightly concerned that the fos wouldn't take my complaint as the account began prior to the formation of the fos. how would a court look upon the fact i have the t&cs, and even though i don't recall signing any agreement for the ppi, they clearly state the conditions i have highlighted that the ppi wouldn't cover?

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