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    • Thank you all   JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.   As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.   Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me. I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 
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    • Well you would think that would be the case. Sadly i doubt there is one honest broker within the BPA or IPC and most of their members. they are there to take as much money as they can from motorists regardless of PoFA.   Take the Consideration  period for example. This is a minimum of 5 minutes to allow motorists to find a parking space, read the T&Cs giving them enough time to leave the car park without having to pay if they decide not stay. Simple. Well it would be simple if it were any other company than BPA [or IPC who have now fallen into line with BPA's "reasoning"].  You see if you decide to stay then despite the fact that during the Consideration period when you still weren't classed as parking , once you accept the terms [with all the underhand little tricks designed to trip you up] that five minutes is now included in your parking time. [No not the parking period because the poor dears who ANPR cameras are apparently unable to work out what the exact parking period is since their ever so infallible cameras [yeah right] are incapable of tracking cars once they are in a car park]. After 12 years they still haven't worked out a way of doing it. Some of them fudge and the majority [with a wink fro their ATA [Accredited Trade Association though it should be Discredited Trade Association] just ignore the parking period all together. This is what BPA claim is the Consideration period Entrance grace period: This is for when motorists enter a car park, read the signs and/or attempt to make payment then leave. In these instances, motorists must be offered a reasonable amount of time before an operator takes enforcement action, but we do not define this time, due to the variance in size and layout of car parks. An entrance grace period for a small, permit-only car park could be below 5 minutes, whereas for a large multi-story this could be 15. But  heaven forbid that anyone should leave 6 or 7 minutes after entering  their member's car parks. . They are dutybound to receive a PCN. This is regardless of how busy the car park would be [Christmas eve for example ] .Our minimum is their maximum. Moving on to Grace periods. Again BPA gobble degook. Exit grace period: This must be a minimum of 10 minutes and this is when a motorist intends to stay – for example, if you paid for an hour but spent a total of 1 hour 10 minutes on-site, you will not receive a PCN. It is important to note that the grace period is not a free period of parking however and should not be advertised as such. If that ten minutes in not free parking what is it. their members all think they can send out PCNs for anything after 1 minute after the exact time never mind ten minutes. Our snotty letters have stood the test of time. Do not try to reinvent the wheel -especially with DCBL . They don't even know what a non compliant PCN is for goodness sake! You already know more about PoFA then they do. However if you include that they will find a way to disabuse the Judge of your logic and the law. So don't give them the chance.  I am sure you have the Parking Prankster going on about the rogues misusing the rules on planning permission by lying and stating that they had "retrospective permission". There is no such thing in English law yet Judges were swallowing it until one Judge pulled up Parking Eye about one of their Witness Statements alluding to "rp" by claiming it was "tantamount to perjury".  It wasn't tantamount,it was plain and simple perjury. Parking Prankster: The great private car park planning approval scam PARKING-PRANKSTER.BLOGSPOT.COM Guest blog from shuteyepark, from the Consumer Action group forums In December 2013 my daughter received a Parking Charge Notice (PCN) fro... Hope it wasn't too long winded Nicky Boy.🙂
    • and more immediate issues WT* is the UK doing. Ukraine needs these funds and weapons NOW Lets sincerely hope this isnt another Tory VIPal skimming issue.   MoD accused of ‘go-slow’ with half of £900m Ukraine fund unused | Defence policy | The Guardian WWW.THEGUARDIAN.COM Delays mean just £404m of the money donated by nine countries has been committed or spent  
    • If everyone who wanted or needed a permit could get one easily how would PCM make any money?    
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LPA Receivers taken over my properties with no court order & no agreement from me.


Stevlynd
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Admin if you have to merge my posts pease can this be the main one as it has a more relevant title to my problem.

 

LPA Receivers have taken over my properties with no court order & no agreement from me.

2 of the properties are empty & the receivers are doing nothing about it, how would I stand if I were to go ahead & let the properties with full knowlege of the problem to the tennants?

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Admin if you have to merge my posts pease can this be the main one as it has a more relevant title to my problem.

 

LPA Receivers have taken over my properties with no court order & no agreement from me.

2 of the properties are empty & the receivers are doing nothing about it, how would I stand if I were to go ahead & let the properties with full knowlege of the problem to the tennants?

Okay,if it was me I would re let the properties.

 

Open another bank account and have the rents paid into it.

 

Work out how much roughly your quarterly payments were and get that March one paid Pronto.

 

When, if this goes to a court the judge will note that you have tried not to fall into arrears but the bank pushed you into arrears,banks fault being totally unreasonable.

 

If they the receivers have changed the locks on the empty properties,INFORM THE POLICE,these properties are still in your name,get a locksmith to change the locks back.

 

Send a bill to the bank for changing the locks back.

 

l You've got two months before the June payment if you can make it your back in control.

 

If you make to there you can start to negotiate,I don't know all the fact's but I would be getting the other tenants in the properties that are let to pay there rents into your new

Bank account REMEMBER there A.S T,s are with you not the bank or the receivers if they don't agree serve them notice's to quit.

 

GOOD LUCK.

 

 

I'll ask over the road if they can log on to here and help you but some are banned.

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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

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Are we talking bankruptcy here ?

No I am not bankrupt & have never missed a payment or been late or short with a payment. Lpa receivers took over 27th feb & as they told the tenants not to pay their rent because they hadn't opened a bank account for it to go into marches payment was missed.

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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

Hi Squaddie,the OP has another thread going but its all over the place but you should get the just of what's going on if you read it.
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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

 

This was initially a 5 year deal which i was assured would be renewed. I then took out further loans over 15 years. The banks went belly up & said sorry we lied we want our money back & if you try to pay the 5 year loans we will probably choose to pay them off the 15 year ones. The loan agreement says they can do pretty much as they like, including putting the properties in the hands of the LPA receivers. After asking a million questions before i signed I was assured nothing like this would happen as long as I made the repayments.

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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

Sorry missed the bit about who they are acting for. They have told my tenants they are my agents. I have sent a SARs to them to see if I can find anything that looks although they are acting for the bank in any way but obviously this all takes time.x

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Hi Squaddie,the OP has another thread going but its all over the place but you should get the just of what's going on if you read it.

 

Sorry for the messy threads but am new to all this & my heads a bit of a shed. Thanks to you guys am learning very quickly though.

I could post the letter I sent to my Mp as it pretty much covers everything although as you can imagine it is many pages long. Lol

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

Thanks for that squaddie. Am beginning to feel better already.

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Looking at that link, i have noticed it is three years old. Since then we have had the meltdown in the banking sector

 

Thing to watch is:

 

Has their been any change in statutory provision or established case law to either support, or negate the situation in 2010 in regards to the established practice by some lenders

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

Just another point would a court take the properties back or would they make us get round a table & sort the whole mess out?

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The court in any dispute will offer mediation before any sort of difference of opinion was placed before a judge

 

Thanks for that squaddie. I already feel as though a 10 tonne weight has been lifted. Have put the word out that I have properties to let & have already had some interest. Just need to find a tenant with some guts who will be able to stand up to any threats from the receivers.

Edited by Stevlynd
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Thanks for that squad die. I already feel as though a 10 tonne weight has been lifted. Have put the word out that I have properties to let & have already had some interest. Just need to find a tenant with some guts who will be able to stand up to any threats from the receivers.
You don't really want to tell the new tenants anything about any dispute,its not there business,when you start taking control the receivers will probably back of, someone at the bank is trying to frighten you ,.they the BANK are acting illegally.

 

You are going to have to start to stand up for yourself,the bank will try every dirty trick in the book to bully you and intimidate you,you as a tax payer have an 82% stake in this bank.

 

You've got a long way to go so get going and ask as many questions on here and other places these people will help you.

 

Don't be BULLIED.

.

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You don't really want to tell the new tenants anything about any dispute,its not there business,when you start taking control the receivers will probably back of, someone at the bank is trying to frighten you ,.they the BANK are acting illegally.

 

You are going to have to start to stand up for yourself,the bank will try every dirty trick in the book to bully you and intimidate you,you as a tax payer have an 82% stake in this bank.

 

You've got a long way to go so get going and ask as many questions on here and other places these people will help you.

 

Don't be BULLIED.

.

Thanks streetwise feel like we've been fighting alone since the end of February when they took them. Have seen a couple of solicitors but don't have any faith in them. now feel as though I have a whole army behind me. I certainly wont be bullied now i know where i stand. Am wondering though how I would stand putting tenants in without them being fully aware of the situation with the bank as if this goes to court quickly & they're evicted the may have a case to sue me for damages.

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Thanks streetwise feel like we've been fighting alone since the end of February when they took them. Have seen a couple of solicitors but don't have any faith in them. now feel as though I have a whole army behind me. I certainly wont be bullied now i know where i stand. Am wondering though how I would stand putting tenants in without them being fully aware of the situation with the bank as if this goes to court quickly & they're evicted the may have a case to sue me for damages.
You are a long way from court unless there is something you have not told us.

 

When the new tenants sign A.S.T.s they will have rights and the bank won't be able to just throw them out.

 

These properties are yours.

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You are a long way from court unless there is something you have not told us.

 

When the new tenants sign A.S.T.s they will have rights and the bank won't be able to just throw them out.

 

These properties are yours.

 

Lol no I don't think there is anything that I know of that I have not told you but as the tenancy date will be after the date they said they are taking over them and as the bank seem to think they owe them does that not make a difference? Also should I do the assured shorthold tenancy for 5 years, I know you can do them for up to 7 years?

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Lol no I don't think there is anything that I know of that I have not told you but as the tenancy date will be after the date they said they are taking over them and as the bank seem to think they owe them does that not make a difference? Also should I do the assured shorthold tenancy for 5 years, I know you can do them for up to 7 years?
What do you think.??? I see you've managed to post over the road. Edited by Streetwise
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What do you think.??? I see you've managed to post over the road.

Well I will go with my gut instinct & if I feel they are the right tenants I will do it for 5 years. Ok so now I know what over the road means thanks for that. I searched a different term & they were the 1st to come up. Thanks for all your help. Streetwise.

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

Sorry missed this post. Have done a land registry search & my name is over the doors so to speak.

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  • 6 months later...
Sorry missed this post. Have done a land registry search & my name is over the doors so to speak.

 

Hi Stevylynd

Have you got any update on the situation,I find myself with exactly the same as yourself down to the 5year deal agreement which was confirmed would be extended then due to the BANK CRISIS

A formal demand for repayment with zero possibility of refinance and now lpa agents appointed ( I also have no arrears and all payments met)

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