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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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FPC- Debt Collection


KGAR14
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Hi

 

I need some help and advice please - I am having continuous calls every day and sometimes on a Saturday night from these numpties who call themselves FPC.

 

They have said that they are working on behalf of their client Vodafone.

 

I want them to stop calling me and harassing me as my husband works split shifts so he doesn't appreciate our house phone ringing at 10am in the morning when he only went to bed at 3am.

 

I had a vodafone contract with them took it out over 2 years ago but was under the impresison that it had been paid off.

 

Can anyone help!!

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Hi KGAR,

First of all never talk to FPC on the telephone, refuse to answer any security questions and tell them in writing only.

Send FPC the prove it letter below, FPC have to prove that the debt exists, send via recorded delivery, print your name only and do not sign...

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

----------------------------------------------------------------

 

Also, to stop the phone calls send FPC this, send with the prove it letter and once again, print your name, dont sign....

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

------------------------------------------------------

 

Best Wishes

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Variety of information, through credit reference agencies, royal mail re-direction or the underhanded and illegal practice of ringing your ex-neighbours.

Not forgetting if you have filled in forms online etc.

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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I have sent them a letter today which has been drafted up by a close friend who is well known on this forum. Please see letter below and let me know you're thoughts on next steps....

 

You have written to me regarding the above account reference. I have to inform you that you are also

contacting my home telephone number at inconvenient times as my husband works shifts. Therefore

any calls between the hours of 10am and 8pm are completely unacceptable and I would like you to

refrain from contacting me during those hours. In fact, considering that I have no idea what you’re are

calling me about I suggest all communication is put into writing from now on so that I may forward

the details onto my financial advisor for assessment.

After checking through my records I have no paperwork or any other reference to the account you are

chasing. I believe you are contacting me in error and any further correspondence from you in relation

to this account/debt will be referred to Trading Standards unless you have evidence to the contrary.

I trust this outlines the situation.

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  • 2 weeks later...

Hi KGAR14,

 

I'm sorry to hear about the problems you've posted about here.

 

As we've referred the account to a DCA it would appear that all did not go to plan when your left us. Not to worry though as I'm sure I can get to the bottom of things for you.

 

To enable me to access the account in question could you email the details across to me by following the information in our pinned thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems?

 

Once you've sent it you'll receive an automated reply with a reference number. So I can make sure it reaches us could you update the thread with this for me?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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  • 9 months later...

Hi. I have recently been contacted by FPC stating i owe Vodafone money for a contract i wasnt aware i had. My contract ran out end of 2010 and i called to state i didnt want the contract to roll on. however, after being told over the phone by a vodafone adviser that it was sorted out, I left it at that unaware that i was being given false information and i was still being charged for something i wasnt using. After speaking to FPC about this they put the account on hold for supposidly 15 days from the date of a letter i recieved to sort out the dispute, but after recently being on the phone to them again i was told that the 15 days started almost 2 weeks before this date which is once again another misleading message. I was also informed that i still owe money because i apparently didnt cancel an already finished contract in the appropriate way and i personally am getting fed up with being given misleading information. The person i spoke to at FPC was rude and wasnt interested in what i had to say, just telling me i was at fault and i owe money. The way i see it is vodafone are giving out misleading information and are trying to rip people off!!!!! :-x

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Hi mr showtime,

 

Thanks for making me aware of the concerns you have here.

 

To enable me to be able to get these looked into further could you email the details of the account in question by following the contact information in our pinned thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems?

 

Once sent you'll receive an automated reply with a reference number. So I can make sure it reaches us could you update the thread with this and I'll get back to you as soon as I can?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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  • 1 year later...

Also the same here with FPC

 

had a letter off them yesterday as Lee has tried to help me in the past but had no joy from him

 

FPC have stuck there own outrageous charges on top of my Vodafone Bill Over £85 of charges at least

 

I spoke to Vodafone today when they emailed me stating they would get the debt back and id pay vodafone direct, and again no help whats so ever, i lost my job on thursday due to redundancy and made a very small offer but an offer to keep this FPC off my back and to remove there charges

 

Vodafone came back and said oh we would only make ap ayment plan of 12 months for £47.90 thats the minimum we would accept

 

see what i mean i make an offer and they refuse it, never known anyone to refuse money before so they obviously do not want there money

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Hi Chris,

 

First of all, you Tell Vodafone how much your going to pay and not they tell you, as it is a Vodafone debt, pay them directly, as your also now on Benefits you can drop this to £1 per calender month if you so wish to do so, if it takes 196 years to pay off, so be it! A mobile phone debt while your on benefits is low priority, as usual, sort out rent/mortgage, council tax, electricity, gas, water, food, clothing, children's school dinners etc. first before any debts.

 

As to FPC's charges, just ignore, they cannot add charges unless it is specified in your original contract.

 

As your circumstances have changed, Give Lee another shout by posting a reference number and giving him a message with a link to this thread, how to do this is posted in post 9.

 

Stigman

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NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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