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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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      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.

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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.

       

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MYJAR - Weird Situation


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Evening All

 

I have received a rather weird email from MYJAR today regarding an account which I can confirm I will raising the Fraud flag against (Think struggle with MMF)

 

Anyway... MyJAR have sent an email advising that a loan was taken on 09/08/2011 and was due back on the 24/08/2011. However the email i received today included is listed below and attached were 3 attachments.

 

(Obviously this isnt mine otherwise it would have been settled by now)

 

Dear Fkofilee

 

Default Notice

This letter is important – please do not ignore it

 

We have contacted you several times regarding your unpaid loan but have not received payment from you – the balance now stands at £247.00.

 

We are now giving you 14 days’ notice of our intention to register a default against you. The default notice together with an information leaflet issued by the Financial Conduct Authority is attached to this message.

 

Registering a default is the step that we must take before we are able to take legal action against you. You can avoid this by repaying the money you owe or by contacting us and making a repayment arrangement. You must act without delay to prevent the default being registered.

 

You can make repayment

Online Log in to your account at http://www.myjar.com/login using your PIN and registered mobile number and select REPAY NOW

By Text Send a text to 82777 with the words LOAN REPAY from your registered mobile

By Phone Call 020 3006 2000 and select option 1 and follow the simple prompts

 

Contact us on

 

Phone: 020 3006 2000

 

Email: [email protected]

Ring Back: text the words Ring Me to 0786 000 4500 and let us know the best time to call you back (standard network rates apply).

 

Live Chat: Log in to your account and use the Live Chat feature.

 

Our customer service team is available:

Monday-Friday 7:00 AM - 9:00 PM

Saturday 8:00 AM - 6:00 PM

Sunday 9:00 AM - 6:00 PM

 

Yours sincerely

TxtLoan

Collections and Recoveries

 

Now my question is, shouldn't this account have defaulted in 2011? Yet they are going to issue a default notice in 2015?!?!?!?!?!

 

Wasnt there something against that? Also this debt hasn't ever appeared on my credit profile with EXP or CCRED, So if they issue a default against it, surely i should have grounds to challenge it on that basis?

 

The PDFs have been filtered for personal info so please feel free to give me advice on this one... I am stomped...

 

FKO

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Surely if you genuinely have no idea what this is, first step is to send prove-it letter, modified with something like "I have no recollection of the loan you claim I took out and, in the absence of your proving within 14 days that I did, I will report the matter as fraud."

 

Stomped? That'll be the mulled wine.

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Hi Oleg, I will be doing that,

 

But what im getting at is the time between them opening the account but also sending the default notice and defaulting it 4 years later...

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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If it's not your loan just tell them in writing and if they insist report it as fraud.

One way to be 100% sure that this hasn't got anything to do with you could be to get a credit report and check if the loan is registered there.

It might be a case of identity theft (unlikely given the small amount) or they're just trying it on to gain some cash before Christmas

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I think you might need to speak with the Information Commissioner in respect of this.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If it's not your loan just tell them in writing and if they insist report it as fraud.

One way to be 100% sure that this hasn't got anything to do with you could be to get a credit report and check if the loan is registered there.

It might be a case of identity theft (unlikely given the small amount) or they're just trying it on to gain some cash before Christmas

 

King, I respect your input here, I disagree with this and what youve put. Ive already had close to 7 loan accounts written off because of the identity theft case I am currently fighting... All similar amounts etc... But lets leave it at that...

 

I think you might need to speak with the Information Commissioner in respect of this.

 

CitB ... Welcome to my nightmare. Its like MMF all over again.

I thought youd say that. DX said a change in the ICOs stand on defaults etc makes it a very grey topic.

 

What im shooting for is just how lawful there actions have been in the last 24 hours... So you deffo think ICO On this one?

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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If this were me, I would be making complaints to both the ICO and the FOS, although TBH, I rather suspect that you might find this a hard slog to get the outcome you require.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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King, I respect your input here, I disagree with this and what youve put. Ive already had close to 7 loan accounts written off because of the identity theft case I am currently fighting... All similar amounts etc... But lets leave it at that...

 

Well, you don't really disagree then?!

What I said is that as this loan was not taken by you, you're no liable to repay it.

Unfortunately the battle against id theft you've been fighting seems to be still on.

As you've managed to deal with other 7 loans, I suspect you're more then aware of the procedure to deal with this one as well.

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You said the "Unlikely given the small amount..." I was just responding to that comment ^__^

 

Yeah its still ongoing sadly. Ive had good success but its still tough sadly.

I will get this written off and I know im not liable however I was querying their actions and processes because of the massive difference in when the Default date should have been and when they want to default it.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Well that escalated quickly. Checked the FCA register and found the email addy for the Compliance Honcho and also the CEO.

Their staff believe that its reasonable what they are doing telling me that I will have a default on my credit profile till 2021... Apparently this loan was taken in 2011...

 

How is that fair? This isnt even my loan...

 

Anyway emails have gone to the CEO and Compliance Head. Hes already come back telling me he'll look at it...

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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I'd complain to the fca and ICO as well. Make them squirm.

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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  • 3 weeks later...

Right well an update for you wonderful people.

 

I emailed their Compliance Boss who said they are now beginning to report to the CRAs but in the exception they WILL NOT be doing this for me.

I asked in great detail about why they were doing this and they advised that they had been contacted by the FCA regarding their trading practices and told to shape up or move out.

 

Regardless though i do not agree that 3 years on is fair to default an account as such. Its similar to what Welcome Finance used to do.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Then it needs to be challenged as unfair and reported to the FCA what they are doing.

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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  • 4 weeks later...

i had been having 100 pound loans from my jar since oct 2014 always payed back on time sumtimes payed back early .

but know i find out my buisness isnt good enough for them they am telling me i dont meet their credit checks ???? hows this possible as ive been having loans off them since 2014 so didnt pay being a good customer does it their attiude towards me over this matter as been disgraceful . i would seriously avoid this company :mad2::mad2:

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i had been having 100 pound loans from my jar since oct 2014 always payed back on time sumtimes payed back early .

but know i find out my buisness isnt good enough for them they am telling me i dont meet their credit checks ???? hows this possible as ive been having loans off them since 2014 so didnt pay being a good customer does it their attiude towards me over this matter as been disgraceful . i would seriously avoid this company :mad2::mad2:

 

Simple... You are constantly borrowing from them... That is a sign of money management issues on paper.

Doesn't mean you have money issues though :)

 

Think of it as a saving grace :)

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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  • 1 month later...

Eugh, Sorry to say but this case has reared its ugly head.

 

After them saying they were going to remove it, now its appeared on my credit file!!

:sigh: Its disgraceful that they cant sort this out...

 

They've had 3 chances to sort this out. Ive formally notified them that they have 7 days to amend the information and remove it or, Im going to initiate a small claims. Any other advice I should follow?

I want to go for the throat! ARGHHHHHHHH!!!!!!!!!!!!!!!!!!!!

 

[ATTACH=CONFIG]56672[/ATTACH]

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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If you have the letter saying they will remove it, send a copy to the CRA. If the CRA says no because myjar says it is there legit, THEN take SCC action providing you have followed correct Pre action protocol.

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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Right, Email from them directly...

 

[ATTACH]56711[/ATTACH]

 

Second email after I kick off this week;

 

[ATTACH=CONFIG]56713[/ATTACH]

[ATTACH=CONFIG]56712[/ATTACH]

 

Both from Compliance Director And Managing Director.... Theres the proof

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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