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    • 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.    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. 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. 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) 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. 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. 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. 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.   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.  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. 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.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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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.

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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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Harlands - the best way to do it (in my opinion)


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My son was billed by Harlands for a cancelled DD and an admin fee. I did not want to get into copious amounts of correspondence with them over the issue, so I advised him to pay the £39 claimed.

 

I then issued a Moneyclaim online summons to Harlands for the £39 plus the court fee. They did not bother to defend and a judgement was entered against them.

 

A final letter to them advising that if they did not pay the judgement within 14 days a bailiff would be appointed at a further cost of £77 plus bailiffs fee. Within 48 hours they had paid in full.

 

If ever I have a dispute with a company, I always pay in full to avoid any possible credit rating issues, and then retrospectively sue.

 

To me, this is easier than entering into months of fruitless correspondence.

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Well that's cost you more than ignoring

Which you should have done

So they won really

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well that's cost you more than ignoring

Which you should have done

So they won really

 

 

How come? It did not cost me anything (other than two stamps) and I have the satisfaction of knowing that they had a judgement issued against them, all be it will show as settled, but it will still show.

 

 

I am not one for doing nothing.

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If they paid within 28 days they wont have any judgement showing,. Which means you have wasted your time and money

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 LYD and I like your style !!

 

We're always on the lookout for folk who want to take Harlands to court for harassment but most tend to ignore them instead.

 

Harlands will not have the CCJ registered against them as they settled in full within the 28 days allowed.

 

This would never have affected your credit rating but you certainly have the pleasure of having taken them to court and winning.

 

The £39 that YS initially paid - how was this made up ?

 

:-)

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Thank you Slick132.

 

 

I have found the other comments to be quite negative. What some of the more experienced 'members' on here should understand is that some people are not happy to 'front it out' and just ignore the letters. For those that are, then that is great, just do nothing and bin their letters, but for those that are not, or who are in dispute with another Business, where ignoring letters can affect your credit rating, this is a perfectly acceptable solution.

 

 

It is all very well members saying 'this will not affect your credit rating', but sometimes things can. My wife and myself have an impeccable credit rating (I was a bank manager for 30 years) and moved in 2015. We applied for a small capital raising mortgage on our property to help our daughter buy a property. We needed the funds urgently as she was a cash buyer and needed to prove she had the funds. We applied through Santander where we have a select account, but we failed their credit score and was turned down. When we checked with Experian, some muppet at Virgin Media had not cleared an amount of about £13 from our old property (they had a direct debit set up and could have collected it any time) and after 3 mnths it had gone into default. Luckily, after a call to the VM Chief Exec complaints team, it was sorted, and they contacted Experian to expunge our credit rating, and paid us compensation. They also sent a letter to Santander apologising and confirming it was all their fault. We did eventually get the funds, but it was a close call.

 

 

As mentioned previously, I would rather pay up front and 'claim' it back through MCO. This way, whoever the Company, it cannot affect your credit rating. The number of 'youngsters' I came across in the bank who were applying for a mortgage, who were turned down due to an issue with a mobile phone company, and they would always say ' I disputed the amount of the bill so I did not pay it'............and not paying that £50 bill stopped them getting the mortgage.

 

 

The £39 was made up of a monthly payment of £14 and a 'missed payment admin charge' of £25. Because they refused to admit him to the Gym as they said he had not completed a health questionnaire (after going for 10 months) I argued they had broken their own contract so a verbal cancellation was sufficient, therefore he did not need to give 30 days notice. As the judgement was issued in default as they never submitted a defence, I do not know whether this would have held up, although I doubt due to the cost, they would have ever taken it to a hearing.

 

 

Cheers

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Theyre not negative. They are opinions and factual. But just like you have expressed yours, we can express ours providing they are not incorrect or abusive.

 

As fo ryou saying they can affect your credit rating... sorry. It wont unless they go to court and win a CCJ AND you fail to pay within 28 days.

 

Harlands dont do court as it will show up their unlawful charges and business practice. It's also likely why they never defended your claim and paid within 28 days.

 

They might be a very shady company but theyre not daft.

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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your instance, littleyellowduck is very small potato's, and it does cost, the £39 already paid.

and i'm not sure what bailiffs you are intending to employ but you cant employ HCEO's its below their £600 threshold?

 

 

i'm also not happy with the general advise people pay whats owed and then goto court.

simply to keep a clean file.

dispute the debt with the original providers as you did.

 

 

some mobile debts that we and you have seen that prevent mortgages etc are several £100's

that might not even be legally owed re unfair till end of contract sums.

 

 

we don't advocate ignoring and binning the letters either.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi LYD,

 

We're all entitled to our opinions and, what works for one person won't work for another.

 

I take your point about CRA's but we know that gym m/ships have not been reported by CRA's since 2011 when the OFT took AMSL to the High Court.

 

Ignoring Harlands/CRS demands means they make demands and harass members for many months and you avoided this by the action you took, which makes sense to me.

 

Out of interest, could you kindly confirm the PoC you used on the claim form N1.

 

Thanks :-)

We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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