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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.

      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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Hi, I need some help. I had one of these left by Peter Nonle Watt.

 

I had a CCJ in April for some outstanding rent on a business unit. I had no notification that bailiffs may be attending.

 

They want £3000 which I don't have.

 

What can I do about this??

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I think he;s a HCEO. I'll flag your thread for admin notice and to get it moved to the right forum.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi, I need some help. I had one of these left by Peter Nonle Watt.

 

I had a CCJ in April for some outstanding rent on a business unit. I had no notification that bailiffs may be attending.

 

They want £3000 which I don't have.

 

What can I do about this??

 

Is it possible you can start from the beginning so we can see what we are dealing with?

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Is it possible you can start from the beginning so we can see what we are dealing with?

 

Ok, I had a business unit three years ago which I vacated.

 

The landlord wanted to charge me money that I didn't agree with.

 

Up to this point I've been ignoring the request for payment.

 

He applied to the court for a CCJ which was granted in April. I'm only aware of this after checking my credit file.

 

I did have the blue Northampton forms, but chose to ignore those as well. (Stupidly)

 

I have had no correspondence from anybody, including the court. Today high court bailiffs turn up while we were out and levied on items outside the house.

 

I don't know what to do. Should I have had paperwork to say the court decided in the creditors favour?

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As you ignored the original paperwork from the Court your Creditor will have been awarded Judgment but you should have been informed of this by the Court. As for it now having been transferred for enforcement then unfortunately there is no requirement for anyone to inform you and the first you will know is when someone calls - which is what has happened.

 

In what capacity did you trade - sole trader, partnership, Ltd Co etc? Is the Writ in this name? You say they have levied on goods outside - can you list them exactly as described on the Notice of Seizure?

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You also state that the High Court Enforcement Officer "levied upon goods outside". Can you be a bit more specific...such as; did they levy upon a car, lorry, caravan etc. If so...do these items belong to you....are they on finance etc.

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You also state that the High Court Enforcement Officer "levied upon goods outside". Can you be a bit more specific...such as; did they levy upon a car, lorry, caravan etc. If so...do these items belong to you....are they on finance etc.

 

I traded as sole trader.

 

They levied on two unroadworthy cars (restoration projects) in my drive, along with a trailer, set if alloy wheels and garden patio furniture. All of which I own. Along with "all other goods required to satisfy writ"

It also seems that I'm missing a page, as there are some numbered points, but these only start at point 5.

I just want to get this resolved. I don't know how/who to make an offer of payment by instalments

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You need to apply for a stay of execution to the writ N244 and also make a realistic offer by way of an N245

 

With both of these if you are on any benefits you need to check if you qualify for fee remission(see form ex160)

 

Take a look at the aforementioned forms and if you struggle to complete or understand them, then come back here and help will be at hand.

 

Applying for the stay has to be your priority and if your local County Court is classed as a district registry then you can file your application there in person and explain it is urgent, if not then you will need to send to the High Court as given on the writ.

 

The N245 is pretty straight forward and you will need to complete an income and expenditure sheet to show your offer is the maximum amount affordable to you. When doing this always remember you are allowed to have a 'life' so only ever offer what you can comfortably afford and will be able to sustain payment to.

Edited by wonkeydonkey
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Following the above and if successful all enforcement is halted and unless you fail at a future date to make a payment on time the matter is under your control.

 

I would suggest you write to the HCEO company concerned and advise them of your set aside application but remember until such time as the stay is rubber stamped they are entitled to continue with enforcement, if they return while everything is being processed then it will be frowned on by the courts if they fail to take everything into consideration.

 

It will also pay you to rquest a full breakdown of the fees applied to the writ (in writing) and then post them up here so we can see if they are'questionable' as if often the case.

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It also seems that I'm missing a page, as there are some numbered points, but these only start at point 5.

 

Usually it is page one of a three part form 55 (2 x NoS and the WPA) that has the amount owed which includes points 1 to 4. As you know the amount owed I would presume you have points 1 to 4 also.

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Thanks for your help

 

Breakdown of the Total Levy

 

Judgement Debt - £1853.95

Judgement Costs - £0

Execution Costs - £60

Interest 8% to 1/5/13 - £27.23 @ £0.41 per day from 1/5/13

Sheriff's Fees - £822.76

VAT - £164.55

TOTAL - £2928.49

 

Sheriff's Fees seem pretty damn high to me!

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Sorry to any High Court Enforcement Officer who may be reading this reply but I personally consider that "Sheriff fees" of £822 on a debt os £1853 is steep.

 

i totally agree with you... WD will vouch that we had similar amounts to a similar debt.........not right at all they make things ten times worse in my eyes as people who cant afford the debt certainly cant afford the debt with there "steep" fees added.......... and i for 1 would not say sorry if my comment is read by any but i think they are the lowest of the low

 

and in fact after checking they added £1300 for a debt of just £695.....making it £2100 pound near enough ....rant over

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Distress as a remedy is problematic, as if the debtor cannot afford to repay the original debt, there is no chance they can afford it after the fees have doubled or tripled it.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I'm still to be convinced that HCEO's are any more different than any other type of Bailiff particularly with regard to the fees they charge.

 

 

i agree PT they like to think they are different because they have "special" powers so they say ...the words "high court" give them super powers so they think...but when it comes down to it they are not much different and they charge ridiculous amounts of money that most dont have.

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What worries me about HCEO's is the frequent way in which an officer attending the premises of a debtor levies upon 5 or 6 random cars and, when questioned try to rely upon the old "chestnut" of Observer v Gordon which was even dismissed by the Ombudsman in the case of council tax. In so many cases that I have seen the officers knows perfectly well that the vehicles in question are nothing to do with the debtor and to my mind "levies" in any event so as to ensure that he can charge such high fees.

 

The case of Observer v Gordon has long since been overtaken by the appeal case of DSI Foods where the owner of a High Court company ( Shergroup Ltd) attempted to claim protection from the court for a significant PERSONAL claim when her officers went to the WRONG address. Despite being shown evidence that the goods in the premises were nothing to do with the debtor, the officers "seized goods" and in doing so.....barged their way into a "secure area" of the premises and contaminated a a significant amount of food ( the company have contracts with various airlines to provide in flight meals for passengers). The officers only left after the company's accountant was forced to pay the debt from his personal credit card.

 

The Judge made it clear that the officers must NOT assume that all goods on the premises belong to company "A" and instead, they MUST ensure that they read any documents shown to them and take into consideration what is being told to them VERBALLY by the owner of the goods.

 

The owner of Shergroup LOST the case.

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