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    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • 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 (as trustee and leaseholder) 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.
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Third party HASNT REPORTED CLAIM Please help ( CAR OFFROAD)


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Hi,

Somebody hit the driver side rear of my car when i was stationary at a traffic light.

I got a quote and was too expensive for him to repair so went to an accident management as im only third party and claiming off his insurance company.

 

Im pretty sure he wasnt insured properly as he was adament not to go through insurance, the car was insured at the time of the accident.

 

Its been a month now and accident management company said he cancelled his policy a week after the accident and is not responding to his insurance company so his insurance company are investigating. (BUT HE WAS INSURED AT THE TIME)

I have inpdependent witnesses that saw it ( middle of town) who filled in forms and have lots a pictures with the driver and witnesses in the pictures.They have sent this + car repair estimates to the other insurer

 

I read that even if he wasnt insured properly they have to act as an article 75 insurer.. The accident management company wont give me a hire because its not straight forward (hes not responding)

My cars in the garage just waiting for liability before repairing ( engineers report already done)

Its been over a month now and hes not responding (i dont think he ever will)

 

UPDATE

today the solicitor told me they passed it on to the liabilty team

What does this mean?

 

 

Are they obliged to pay up?

 

please help

thanks

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Yes they are obliged to pay, as evidence of their policyholders liability has been provided. By the sounds of it, the 3rd party Insurers are getting ready to make the relevant payments. Or it could be that they will be probing liability further. Personally I think they should be forced (court action if necessary) to get on with it and if they have a problem with their policyholder they should sort it out after.

 

It sounds like the 3rd party driver had reason to take flight. Was there a discrepancy with the details they provided to the Insurer when they arranged the policy ? Was the driver the actual policyholder or just someone borrowing the car ? Was this a case of fronting i.e a younger main driver, using mum and dad to Insure their car to obtain cheaper Insurance. Whatever the reason, they were hiding something, which they did not want their Insurers to know about. This is not your problem, so your accident management company should start acting a bit more forceably if they don't gain movement.

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I thought this was the case, thank you very much

They are calling them on tuesday for a response, hopefully they will have a decision by then

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I thought this was the case, thank you very much

They are calling them on tuesday for a response, hopefully they will have a decision by then

 

 

 

I forgot to say he cancelled his policy 1 week after the accident that's why they said they have issues with paying

Surely this shouldnt matter as it was insured at the time?

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I forgot to say he cancelled his policy 1 week after the accident that's why they said they have issues with paying

Surely this shouldnt matter as it was insured at the time?

 

No you didn't forget. Either you were tired or couldn't read through beer goggles.

 

Does not make a difference, as they were still Insured at the time. It is just a pain for their Insurers as their policyholder is on the run, so they can't find out their story. I suspect that the 3rd party Insurers will investigate their policyholder futher and even threaten legal proceedings against them. Not that this should affect you.

We could do with some help from you.

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The solicitor phoned the third party insurance today and they said they havnt reviewed it yet... its waiting to be reviewed

I asked to issue court proceedings but they apparently have 90 days ( its been 45) before any legal proceedings can be issued

 

I am getting really frustrated and feel there is nothing i can do

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The solicitor phoned the third party insurance today and they said they havnt reviewed it yet... its waiting to be reviewed

I asked to issue court proceedings but they apparently have 90 days ( its been 45) before any legal proceedings can be issued

 

I am getting really frustrated and feel there is nothing i can do

 

 

That is correct, the third party insurers have 3 months under the pre-action protocol in which to investigate that claim so there is nothing you can do for another 45 days.

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