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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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    • 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.

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      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
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Urgent help required-ccj claim received while the claimant already made claim to my insurance company


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Hi thr I had a minor accident in August 2010 which was mainly other dirver's fault. But she made claim against me which was being dealt by Swiftcover. Because of this Swiftcover reduced my no claim bonus.

 

However today I received a CCJ claim form out of blue from the claimant in my home address. I thought it should be dealt by Swiftcover. I was even told by Swiftcover team so. I do not why this person send me a CCJ claim form. She even did not give me any warning or any notice for this. It was issued by a solicitor firm of Kent.

 

Can she do that and what should I do now. Can someone send CCJ claim form when I am insured and she made claim to my insurance company already...

 

The POC says as follows:

 

The claimant claims damages due to the defendants negligent driving. Failed to take avoiding action, steering, swerving or otherwise, so as to avoid the said collission. on 00-08-10 at (road name) a collission occured betweeen vehicle driven by claimant regd n0.... and vehicle driven by defendant regd no....... The defendant reversed into claimant's stationery vehicle causing damage and the claimant claims:

1. The sum of £1xxx.05

2. Statutory interest pursuant to section 69 of Country Court Act 1984 at a rate of 8.00 % per annum from 07.09.10 to 19.07.11, £129.95 and thereafter at a daily rate of 0.41 untill judgment or sooner payment

Repairs xxxx.67

Excess xxx.00

Avica's Hire xxx.xx

The truth is I was stationery and she hit my backside, Also her car had minor damage, Cause she hit my backside I had no damage. there were no witness for none of us. Today I checked the status of the claim in Swiftcover which says 'OPEN'

Please advice what shall I do.. I will lose my career if I get CCJ…

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Hi JM

 

Pass it on to Swiftcover, send it Recorded, get the address right, it's bizzare but a similar thing happened to my relative.

Keep a copy, just incase they lose it.

 

Thread moved.

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I would also recommend ringing Swiftcover to inform them you have received this claim form.

 

It sounds as if her insurers have refused to pay out (perchance her cover was only third party?) and as if Swiftcover are taking their time to close claim either way - or they may have declined her claim but haven't finished with the file hence it still showing as open!

 

Feebee_71

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It's not abnormal, so no need to worry there. the claim is against you, with your insurer being paid by you, to cover you for it, but in the eyes of the law the action is against you.

For whatever reason the third party is now suing you for their damages, as advised above, send it in recorded delivery and get the insurer to deal.

They should have had an idea this was about to happen (95% of the time they know this, it leads up to this), so they should have sent you a letter or similar to advise you what to do if you get a summons.

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Hi guys thank you for your support. Today I had email contact with Swiftcover and they guy from SWiftcover told me to email him the CCJ claim form which I did and he said he will deal with the matter accordingly. However end of today I have not got any confirmation on what he has done yet. I guess I should leave with him for 2 days and then chase him again.

 

By the by swiftcover never told me in advance that this will happen.. I was told by Swiftcover that the third party have not contacted them after initial contact...

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Hi thr I was told by Swiftcover they have settled the case and issued the cheque to the third party solicitors. However I was told by the third party solicitor they will not stop the court action untill the cheques is recievd and cleared. Now I have not acknowledge the CCJ claim form which last date is this friday as I had sent the CCJ claim form to Swiftcover. However it does not seem that SWiftcover had acknowledge the claim form either.

 

Now if the claim form is not acknowledged while the case are being settled with the thrid party solicior, will I get judgment automatically against me. What should I do now?

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I would not worry about it. Even if they get a judgement, the courts allow 30 days for settlement before the judgment is registered. By then it would have all been dealt with.

We could do with some help from you.

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Thanks for prompt reply Uncle. U mean there is no risk of CCJ registered in my name and I do not need to acknowledge it at all...

 

Yes I don't think it will happen if Swiftcover have issued the settlement cheque to the third parties solicitor.

 

I think you should make a complaint to Swiftcover for putting you through this. There are many other similar posts online, so they must be having problems.

We could do with some help from you.

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Hi Jason - responding to your PM.

 

I think you'd be wise to protect your interests here. I agree with what UncleB says but I think you'd be unwise to assume Swiftcover have responded to the court claim.

 

I suggest you respond to the Claim using the Acknowledgement form which you should send back to the court before the deadline.

 

You need only say something like:-

 

This is an vehicle insurance-related matter that I believe has been settled by my insurer, Swiftcover, on my behalf. Accordingly, I deny all of the claim on the basis that it has been handled, and settled, by my insurers.

 

I understand that the Claimant has now been paid in full thus enabling them to Discontinue this court claim against me.

 

:-)

We could do with some help from you

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Hi Slick thank you for your reply. Thought you are on holiday.

 

However I should tell you that I emailed MCOL team of the Northampton County Court with the email that I recievd from the claimant solicitor where the claimant solicitor suggested that I do not need to acknowledge the form as the claimant solicitor received comfirmation from Swiftcover that a cheque being issued.

 

MCOL (Money Claim Onlien team) of Court replied me back saying they have updated the system but they will need confirmation from the claimant that the payment has been made.

 

Do you think I will still need to acknowledge it. Can I write all those you suggested if I acknowledge online?

 

Thanks.

Edited by jason_mnm
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Just to be safe, acknowledge the claim in the manner I suggested above.

 

:-)

We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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