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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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      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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hi

 

I sent my initial letter to BOS (high street branch) approx 14 days ago, I have not had any response from them.

 

Should I now proceed with the second stage? And do you think I should continue to send my letters to the High Street Branch, or will I get more response dealing with Headquarters??

 

I am new to this site, but like most have had £££ taken from my account in charges.

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Hi,

 

It really does take a few days to get your head around all the arguments and all the information.

 

You have started a timetable (the timetable that the bank says it will work to is irrelevant). In the FAQ you will find 'Step By Step Instructions.' You do not mention whether you made a DPA request. I would suggest doing this anyway, so that you have ALL the information you need to make a claim.

 

Your next step is the second letter (LBA) - and you need to send this when the initial 14 days is up. As for where to send it - your local branch is always best. They have internal post prcesses, and will ensure it gets to the relevant department.

 

Whilst waiting for the info, read up on your next step. If you make sure you stick to your own thread in the relevant area (eg [username] claim against [bank]), and use this as a sort of diary which you can update as things progress. It will also enable you to check responses to your questions, and people will be able to find your thread a lot easier.

 

Good luck.

 

You are here, you want your money back, you will get help and support in this, but it is YOUR call, and you must be prepared to put in the effort.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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  • 2 weeks later...

Glad to hear it, and good luck. :) I just went through ALL my statements for the last 6 years and they've taken over £4K from me, wish me luck!

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yep, good old bos, they owe me approx £2500. 5 days passed, still waiting for a response from them. So much for them wishing to resolve matters!!!

TRU, good luck with your claim, hopefully you will get a response from them.

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Received a letter from BOS today

 

Offered me £347.00 in full and final settlement of my complaint.

 

The letter goes

 

"Thanks for your recent letter, I am sorry to learn that you are unhappy with the charges you have incurred on your account.

 

I am sure you will appreciate that like other organisations we incur costs for every transaction made. When we pay any item against an unauthorised overdraft or return an unpaid item, we incur extra costs regardless of the shortfall involved. We believe it is fair to pass these costs on to the accounts affected, rather than absorb them into other area of our operations, penalising all our other customers as a result.

 

We clearly outline our charging policy in the terms and conditions that apply to your account. In addition , we are committed to complying within the banking code, which sets standards of good banking practice for banks and building societies to follow when dealing with personal custopmers. The terms and conditions of your account state that you must have funds in your account to cover your transactions. We cannot be responsible if you have authorised payments against funds that were not available.

 

We are keen to help you avoid any unnecessary charges by providing various ways to keep track of your account. You can do this via telephone banking or mini statements at cash machines. You can also contact one of our advisors at any of our branches.

 

Ultimately it is your responsibility to manage your account. However, as a gesture of goodwill I am prepared to refund £374.00 of charges in full and final settlement of your complaint. I must stress that future valid charges will stand and we reserve the right to close your account if you do not manage it correctly. If you are prepare to accept the offer, please sign and return the enclosed acceptance for in the pre-paid envelope.

 

If I don't hear from you in the next 8 weeks, I will assume you are happy."

 

My Q is - where do I go from here, obviously I am not going to accept it, but do I continue my contact with them via letter, or call the number provided???

 

Any help is appreciated.

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You should reject that offer. It seems that BoS are offering a fractional amount to customers - I too have about £2,500 in charges, and was offered £333.

 

Calling them instantly got that upgraded to £915. It seems the letter is typically offering 1/3rd of what the Customer Reps are allowed to offer you directly. As you'll have read elsewhere, accepting this does not - no matter what the bank says - affect your ability to claim further.

 

In my case, I looked at my accounts and have sent them a letter (response required within 7 days) which lets them off a certain amount, but is still significantly greater than the amount they have offered me. I am already letting them off easily by only going for returned Direct Debit unpaid charges instead of "all charges" as suggested.

 

If I don't get that money within 7 days, then the court letters are going out.

 

I think the court letters are going to be the way to get things changed for good; however if you are likely to be happy with about £1K back, you should be able to get that with one call it appears.

Bank of Scotland - £4000+ returned. Scottish resident, scottish accounts, but it's Halifax Bank of Scotland now, so took 'em to court in Halifax. One small claims, one defence filed, one refund of all charges + interest! Done and dusted.

Next - Capital One :D

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Hi there,

I received a similar call from Bos. I'm claiming just shy of 4K and was offered £365. When i laughed and said no thank you it immediatley rose to £1120 saying that was all she was authorised to refund. I said thank you very much that would be a great start, and that i would get the rest back through the courts.Next morning i got a letter saying i'd turned down the offer as "full and final settlement" (never mentioned that bit on the phone). So I'm now waiting through the next 5 days with baited breath. Hopefully I'll be rich by the end of the week.

Weither you're claiming £500, £1000 - £4000 it's weird that everyone claiming is being offered around the same figure, you'd think they would have other staff that could authorise higher amounts. But I suppose that's too logical for the banks.

Anyway, Best of Luck

Mairi

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I called the BOS and asked to speak with the customer service manager, Elaine Brown, as she has sent two letters out to me. I was informed that the same person does not deal with the claim all the way through. It is pot luck as to who ever deals with any correspondence that they receive.

 

Anyway, I told them I wasn't going to accept their offer. I was informed that they would make a note on my account and that I should receive a call or a letter from someone in the next few days.

 

I'll wait a few days and see what happens. I will have my 2nd letter ready to be posted should I not hear from them within the few days.

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  • 2 weeks later...

only another 1326.00...............

 

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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