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    • Please see my comments in orange within your post.
    • 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.   House or Flat? 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. 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. 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. Again, points as above. 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) Why serve a delapidations 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. 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. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. 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. Redact and scan said evidence up for others to look at? 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. So this is dealt with then. 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.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. 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. 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. 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. 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. 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.
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      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.

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car damaged by fire, who pays?


zeff737
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Hi, can any one help?

Whilst out for a walk last weekend the car that we had parked next to set on fire (arson suspected)

Our car was badly damage and may be written off.

 

We only got back to it as the fire crew was leaving.

 

The owner of the burnt out car refused to give her details for us to claim against.

 

Can we force her and claim off her insurance or do we have to claim off our insurance?

 

Thanks.

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You have to claim off your own Insurance. You can't prove them liable for their car catching fire and therefore damaging your car.

We could do with some help from you.

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Thats very unfair.

i was parked two spaces away (the space between us was empty) her car was gutted, the one parked next to it on the other side was very badly damaged as was mine.

There were witnesses to which car was the cause of the fire.

 

If i was parked outside a house i would be anle to claim off them, afterall this was not my fault why should i loose my NCB?

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Thats very unfair.

 

I was parked two speces away with an empty space between us, the car that was parked next to her on the other side was very bady damaged as was mine.

 

There were witnesses as to which car started the fire.

 

If i were parked next to a house that caught fire i would be able to claim from their insurance.

 

Why should i loose 12 year NCB over something that was nothing to do with me?

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Thats very unfair.

 

My car was parked 2 spaces away with an empty space between us. The car that was parked on the other side of hers was also toast.

 

There were witnesses as to which car was ablaze and as such caused mine to be damaged.

 

If i were parked next to a house that set on fire im sure i would be able to claim from their cover.

Why should i loose 12 years NCB over something that was not my fault?

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I sympathise with you,

That's the law I'm afraid, it may seem unfair, it’s also unfair to the person whose car was set fire to (assuming they are innocent), why should they also pay out for your car?

Regarding the house, only if the owner deliberately set fire to it (providing they were not a nut job with diminished responsibility) could you have any chance. If it were an accident (chip pan, bonfire gone wrong, electrical etc) then again they are not negligent.

If it's proven the owner of the car was complicit in the arson, then you may have a different case.

You won't lose all your ncb, 2 years from your max ncb (which usually is only allowed up to 4,5,or 6 years, there are others on the board who will have a better understanding of this than me).

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Nothing to add to Mwynci. It is all about legal liability, not moral responsibility or consequential cover from the first loss event.

 

If you park next to anything that catches fire, you are just plain unlucky. You would have to prove that the owner of the car that caught fire was legally liable which would be difficult, to be able to claim from them.

 

If you have a no claims discount you will lose 2 years worth or if you only have 1 year it will reduced to 0 or if you have protected no claims it won't reduce (unless you have had another claim) but your premium from renewal will be loaded.

We could do with some help from you.

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so i have to claim and pay for it on my next insurance, something seams very unfair about this, if i had hit the car and it was my fault then fair enough, you would asume the 'fire' part of a policy would cover other poor sods that get caught up in it, after all, 'third parties are covered on a TPFT policy........so what am i if not a third party?

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  • 10 months later...
MY Renault Megane decided to set itself on fire, no fault of mine. I had it for 5 months before it decided to do this, I had 10 years NCB which wasn't protected.

The car is a write off, how much NCB will i lose

 

The reduced NCD will be based on the usual maximum NCB they allow for the discount. So if this is normally 5 years, then at the renewal you will have 3 years NCB, having lost 2 years NCB for the claim.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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well i did have 9Years NCB so you reckon i should have 7 after the claim?

 

Ask your Insurers. They may only allow you 3 years NCB from renewal.

We could do with some help from you.

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so i have to claim and pay for it on my next insurance, something seams very unfair about this, if i had hit the car and it was my fault then fair enough, you would asume the 'fire' part of a policy would cover other poor sods that get caught up in it, after all, 'third parties are covered on a TPFT policy........so what am i if not a third party?

 

Is your NCB protected?

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I think I'm going to upset everyone here except zeff737!

 

Car A is the car that was set on fire and car B is zeff737's car. Car A is insured and this insurance includes third party liabilities. As a result of car A being set on fire or it just happening, as can happen, car B suffers damage. The proximate cause of the damage to car B is the fire at car A. Who's to say that this wasn't by someone with a grudge against car A? Will never be able to prove this.

 

In the first instance, I'd obviously be telling my own insurers but surely they'll want to make as much a recovery as possible against car A's insurance? Times are hard!

 

Zeff737, have you spoken with your own insurers about this? What do they say?

 

Would love to hear how you get on. Both hubby and I are insurance geeks!

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Wonky I think your missing the point over third party liabilties, proximate cause was the arson attack to the car, therefore the real third party (or the at fault third party)was the arsonist who holds the negligence, not the owner of the vehicle that was set fire to who (unless proven there is a connection). The fact about a grudge makes no difference unless car a was somehow involved in the act of setting fire, if someone had a grudge against me, punched me and my blood went on your shirt, would I be liable for the cleaning bill? (let's not discover that one!)

This does of course differ from the likes of RTA liability for thefts where the driver is named.

You never know though the insurer's could have made a recovery (it can happen if the third party's insurers are not that good), flogging a dead horse however can sometimes be as costly as the recovery you are seeking when you take into consideration staff costs, time to keep the file open etc.

Good though, :-) I like to hear a follow up to the claim liability cases and hear other opinions.

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Wonky I think your missing the point over third party liabilties, proximate cause was the arson attack to the car, therefore the real third party (or the at fault third party)was the arsonist who holds the negligence, not the owner of the vehicle that was set fire to who (unless proven there is a connection). The fact about a grudge makes no difference unless car a was somehow involved in the act of setting fire, if someone had a grudge against me, punched me and my blood went on your shirt, would I be liable for the cleaning bill? (let's not discover that one!)

 

Point well made.

 

It would be a bit like a robbery taking place, with a room full of people. Wonky is the first person to have his wallet taken, so everyone else in the room holds him responsible when their wallets/purses get taken.

We could do with some help from you.

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  • 2 weeks later...

Well all, im delighted to say that my car was insured as a classic car, which you dont build no claims discount from but you do tend to get considered better in claims like this.

 

Our insurance company have claimed all costs from the other (cows) insurance and it could not be construde to be in any way our fault........

 

Which is just and fair as far as we can see. why the hell should i loose out for someone elses misfortune! .......it turns out the car was torched by someone she ripped off...........over a drug deal!!!:-D

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  • 1 year later...

Hi I am New to this and found your thread

my car was set on fire

This was started by some body that stole the tax disc out of the the car next to my car and then set on Fire as my car was next to it it got damaged this car is owned by my Wife

my car was on privet land and was on a sorn with no insurance

i have contacted her insurance company and they wont except liability

i am interested to know how you got your money back or any other help

Michael

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Hi I am New to this and found your thread

my car was set on fire

This was started by some body that stole the tax disc out of the the car next to my car and then set on Fire as my car was next to it it got damaged this car is owned by my Wife

my car was on privet land and was on a sorn with no insurance

i have contacted her insurance company and they wont except liability

i am interested to know how you got your money back or any other help

Michael

 

You would have to find out something which made the other car owner liable for the situation that led to your wifes car being damaged. In this example on this thread, I think it was found out that the other car owner was involved in criminality. So I expect the criminals Car Insurers had no choice but to pay out.

 

If you cannot find out anything to make the other car owner liable, you are unlikely to get anywhere.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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