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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.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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citi A word of encouragement for citi claimants


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:) I will sort it now.

 

Thanks for letting me know.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I'm currently in the fight with CitiCards, I see from many other threads they have already started to quote their win, in this case.

 

I agree we need to be a bit more carefull in what we post here with you know who watching.

 

Can someone PM me with if there is any news that maybe useful to my case with them.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/26041-rbphot-citicards.html?highlight=rbphot

 

Thanks

My Cases

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/14777-rbphot-lloyds-tsb.html?highlight=rbphot

 

My useful posts

 

http://www.consumeractiongroup.co.uk/forum/general/26095-bank-credit-charges-eec.html?highlight=rbphot

 

;) The Masses Will Always Prevail

 

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Lloyds TSB, (£2.5k) Data Protection Act-150606, Prelim letter-050706, 2nd LBA-140706, Money Claim submitted 010806(6QZ51069), Claim Agknowledged 040806:D , AQ submited today-070906

Lloyds TSB Amex, (£60) Data Protection Act-150606, 1st LBA-110706, 2nd LBA - 040806, SETTLED 50% of amount.:D

Citi Cards, (£995) Data Protection Act-110706, Prelim letter-210806, LBA - 040906

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  • 2 weeks later...

Hey peeps, any news that you can tell me without giving anything away to these "watchers" . I sent my LBA as suggested and am awaiting a response. Is there anything I should do or know before filing my MCOL?? Can someone PM me if you cannot disclose details to the prying evil eyes of the men in black. These banks are certainly puting up a fight now.

BRING IT ON I SAY!00020059.gif

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You are at an early stage yet......anything you do need will already be here.

Its a little later that perhaps you will need the pms

by which time the info here will be out of date if Citi carry on changing their tacs......:rolleyes:

 

We will of course keep changing ours too.......But at the end of the day they are penalty charges and they are unlawful......its up to Citi to change those !!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin you are so mean!!!!! This is like letting me have a christmas pressie to shake and then taking it away and making me wait til christmas!!

 

It's just not in my nature to be kept in the dark. I am not nosey - just interested (wink, wink). Oh well, suppose I will have to go twitch the curtains then and see what the neighbours are upto until I am far along enough with my claim to hear the secrets!!

 

0002006E.gif

 

ok, on a serious note, I totally understand the need to keep your info underwraps and away from the enemy. I bet Citi Love you! Keep up the good work! ;)

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Martin you are so mean!!!!! This is like letting me have a christmas pressie to shake and then taking it away and making me wait til christmas!!

 

It's just not in my nature to be kept in the dark. I am not nosey - just interested (wink, wink). Oh well, suppose I will have to go twitch the curtains then and see what the neighbours are upto until I am far along enough with my claim to hear the secrets!!

 

0002006E.gif

 

ok, on a serious note, I totally understand the need to keep your info underwraps and away from the enemy. I bet Citi Love you! Keep up the good work! ;)

 

 

You are very very nosey........how can I be sure you are not one of Brians informants :o ......the 007 also relates to spy ??????????:rolleyes:

 

In due course Mr Bond ..........in due course........:grin:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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0002005F.gif oooh, how spooky! I nearly wrote that I wasn't a spy for the other side but decided to delete it as I thought it might make people wonder! Anyway, gotta go, I have a nice martini waiting for me - it's been shaken not stirred!
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:lol: :lol: :lol:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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sorry to barge in but can anyone help me out with my thread below?

i want to get a letter out today but and stumped what to do??

thanks

http://www.consumeractiongroup.co.uk/forum/other-institutions/37327-citi-court-help-urgent.html

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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Just to let everyone know-stage 2 now begins in earnest.There is no point in concealing this from them on here,because they will know in a couple of days anyway when they get the documentation.I have taken advice from a number of quarters,and we are now ready to proceed. I look forward to getting this sorted once and for all!!

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Wahey!!!!!

 

Best of luck....by the way have you noticed the huge increase in Citi claims recently? Seems your case had the opposite desired effect for Citi!

 

Either that or they're all Brian Smith desperate to get some advice lol

 

Zoot

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Just to let everyone know-stage 2 now begins in earnest.There is no point in concealing this from them on here,because they will know in a couple of days anyway when they get the documentation.I have taken advice from a number of quarters,and we are now ready to proceed. I look forward to getting this sorted once and for all!!

 

Good Luck - glad Citi's little game is about to be squashed.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Excellent news - been looking forward to seeing the next eagerly anticipated stage rolling into action!!!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Yes best of luck to you - dont think its you that needs the luck though! I've sent my prelim off 4 compounded interest, the first of my claims, and will be sending off my mums S.A.R - (Subject Access Request) soon - hers got passed to a DCA after they more than doubled her debt with charges - she paid it all so will be getting a nice windfall back in 2-3 months. was going to leave it and a loan I had with them for a while as have a few kettles on the boil but their cockiness has changed my mind.

 

Look forward to hearing of your victory!

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

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thanks to Empire Strikes Back,I have been alerted to the fact that Citi are sending our personal,court and financial information to other people in an attempt to back up their attempts to deter further litigation.I have concrete proof of this,as ESB has provided this for me.They sent my details to him along with the letter referring to our juduicially mishandled claim.They grovelled to the court for confidentiality as to their charges,and send ours all over the place.The judge concerned has been alerted to this in writing

 

And as Citi are reading,I have alerted as many statutory bodies as possible,as well as Mohammad Sawar MP in order to get them in as much hot water as humanly possible.

 

This leaves us open to ID theft,and I hope Citi get a real good roasting for it!!!

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thanks to Empire Strikes Back,I have been alerted to the fact that Citi are sending our personal,court and financial information to other people in an attempt to back up their attempts to deter further litigation.I have concrete proof of this,as ESB has provided this for me.They sent my details to him along with the letter referring to our juduicially mishandled claim.They grovelled to the court for confidentiality as to their charges,and send ours all over the place.The judge concerned has been alerted to this in writing

 

And as Citi are reading,I have alerted as many statutory bodies as possible,as well as Mohammad Sawar MP in order to get them in as much hot water as humanly possible.

 

This leaves us open to ID theft,and I hope Citi get a real good roasting for it!!!

 

What your details like name address and amount of claim etc - they really need stopping and soon. They think they are invinciable and above the law. Hope they grt a good rap over the knuckles for this.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Thats bad.

 

In addition can add to this that I was sent someone else statements at the SAR stage.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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In addition can add to this that I was sent someone else statements at the S.A.R - (Subject Access Request) stage.

 

Now that IS unlawful. (they will probably claim - "user training issue")

 

They have a duty of care as a data controller - report them to the IC straight away.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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just subscribing

:-x Royal bank of Scotland :-x

£2391.82 + 8% + legal costs £220.00 = £2911.88

Data Protection Act request - 01/07/06

Prelim Request - 25/07/06

LBA - 08/08/06

Claim filed - 22/08/06

Acknowledged - 25/08/06

Defence filed - 25/09/06

AQ sent 10/10/06

AQ Received by court 12/10/06

Copy of RBS AQ received 14/10/06

Now We Wait ................

 

:-x Capitol One MasterCard :-x

 

Data Protection Act Request - 15/10/06

 

:-xCiti Bank Visa Card :-x

 

Data Protection Act Request - 15/10/06

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