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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • 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.  
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      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.

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      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.

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      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
        • Like

ToothFairy and Blackwater, what now?


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Many months ago I took out a loan with ToothFairy Finance, what a mistake, which due to personal circumstances I couldn't pay. I contacted them several times about extensions, and got three unique responses regarding how the policy works, crazy people that they are. Eventually I had to contact them to request we come to a repayment arrangement, no reply. I continued emailing them almost daily, then twice weekly, eventually one last time to state I would no longer be attempting contact as they had failed to work with me or even respond through any avenue of email contact, despite their automated system confirming reciept of the emails.

 

For all of this time I have kept an occasional browse over them as an entity, how they are operating etc. I joined the Royal Navy in October, and during training I actually sent my final email, and put the issue to bed. Now I'm settling into the next stage of training I recieved a text message from someone called Blackwater, regarding the loan I owe, claiming they have a solution to repay the debt, followed by a number.

 

I have been looking around elsewhere to find out if the loan is even valid after a company goes into administration and has it's credit license revoked. I am to understand the loan ledger was sold at 7.5% it's value, some people have suggested offering a 10% repayment on the original amount borrowed. As I have obviously not recieved a reply from the company, I can only assume by now the interest and charges that have been invented are running into an extortionate amount.

 

I have not contacted them at all since the text, and I have simply been researching to find a solution that isn't going to cost me a years wages. In my opinion, I have been trying to resolve this situation since it started, if Toothfairy had responded to me I would have had frozen interest and gotten it sorted over a few months, this situation wouldn't exist. As it stands they ignored me completely, despite mountainous amounts of contact from me, never to me, and simply let the loan slide over to this new company.

 

I suppose what I'm asking, from someone who really knows the legal ends in this situation, what can I do?

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Ignore until they put something in writing.

 

In any case the charges and interest are unenforceable

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

:D

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Hi

Not sure if you are aware that DHD have the loan book (they were Loads of Dosh) who have now appointed Blackwater to collect the outstanding amounts.

They will want to maximise their profit by getting as much as they can from gullible consumers who probably don't know how much they paid.

 

I did say offer 10% in another thread as that gives them some profit. The chances of them accepting this is slim but before offering any payment, you want to know exactly how much is loan, how much is interest based on the contracted time of the loan (not their fictitious amounts) and what unlawful charges have been added.

 

As advised, wait till something comes through the door but if you happen to be at sea, the letter may get a little wet!

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi

Not sure if you are aware that DHD have the loan book (they were Loads of Dosh) who have now appointed Blackwater to collect the outstanding amounts.

They will want to maximise their profit by getting as much as they can from gullible consumers who probably don't know how much they paid.

 

I did say offer 10% in another thread as that gives them some profit. The chances of them accepting this is slim but before offering any payment, you want to know exactly how much is loan, how much is interest based on the contracted time of the loan (not their fictitious amounts) and what unlawful charges have been added.

 

As advised, wait till something comes through the door but if you happen to be at sea, the letter may get a little wet!

 

I just replied in another thread. The poster says the loans were sold for 25000!!!! This is nothing. To me it just confirms that dhd and wlp were owned by the same person - apparently per gullestrup family - and they just organised to move our loans to a new company under the radar

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Hello all, thank you very much for your rapid and informative responses in the matter. I thought I'd just add I have received another text today from BlackWater stating "You have not repaid your loan with ToothFairy Finance Ltd. Please call 0203 476 4029 today or we may escalate to legal collections". Rather amusing overall, I am going home this afternoon for the weekend (and it couldn't come soon enough) so I'll check to see if there is actually any written mail at all, and work from there. Any opinion in this one gents?

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I just replied in another thread. The poster says the loans were sold for 25000!!!! This is nothing. To me it just confirms that dhd and wlp were owned by the same person - apparently per gullestrup family - and they just organised to move our loans to a new company under the radar

 

 

The amount is what was stated in credit today . Before making such allegations can I ask where the proof is ?

 

Incidently Per Gullstrup is a man and not a family http://uk.linkedin.com/in/pergullestrup

 

I am not saying he has no connection but before you make allegations of fraudulent conduct (which is what you are saying) I think you need to have some proof

Any opinion I give is from personal experience .

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The amount is what was stated in credit today . Before making such allegations can I ask where the proof is ?

 

Incidently Per Gullstrup is a man and not a family http://uk.linkedin.com/in/pergullestrup

 

I am not saying he has no connection but before you make allegations of fraudulent conduct (which is what you are saying) I think you need to have some proof

 

Funny! I never thought it was a family. I thought it was a woman at first. I refer to him and or his family. His daughter tanja gullestrup was the last director of this company before the administration. I do not know if there is fraud or not, but there are enough elements for us to find how Per Gullestrup is involved with Toothfairy and webloans if he is. And I think that if the people behind toothfairy (being per gullestrup or others) just moved our loans somewhere else and let us think think they are different we deserve to know and they deserve to be exposed

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guys desperate for thoughts,although toothfairy aka webloan proccessing gone.ive started getting emails with threats on from blackwater and ndr stating im not paying,given that i have a binding agreement with ombudsman and toothfairy and that ive only missed jan 2014 payment (waiting to see who contacts me),why would blacwater or ndr use same reference and bank account no as toothfairy/webloan,surely thats not right and they say i now owe 4,7oo pounds when ombudsman says 700 less any payments,given that neither blackwater or ndr own the debt ,what do i do this is a re occurring nightmare,thanks

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thanks silly girl,but what i dont get, i gave camden trading standards a file full of mis leading and threatening emails from toothfairy and ndr and marshall hoares not baliffs and signed over 50 exhibits for court,yet nothing done,stella creasy,big on words ,little in the way of action,these people need to be answerable in court and dealt with ,until that happens,then im afraid this will just rumble on and make peoples lives a complete misery!!!!!!

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Alright Gents. I am now home and I can confirm I have had no written or e-mail contact from Blackwater or ToothFairy. So I shall sit tight until such a time as I do, I suppose. Thanks for your continued advice!

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  • 3 weeks later...

SitRep Update:

I am now receiving voicemail messages from "DMR" asking me to call them. They are not specifying the details of anything just asking me to call. I won't be calling and I'll be calling home to see if there is any pertinent written contact

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