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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • 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.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations 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.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...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   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). 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.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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£125 charge for 'cheque card recovery fee'


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I have recently filed a claim for nearly £3000 for RBS ffor last 6 years. One of the charges from early 2000 was for £125, and on the statement its referred to as: cheque card recovery fee

 

Has anyone else been charged this for the Bank to press a button on a computer to block the card and for them to call me and say the card is blocked and i must cut it up?

 

Can an employee in RBS tell us wether this was a charge they dreamed up to make more money out of me, or if it is a standard, and known charge which other people have had charged too? I suspect its the former.

 

Also interestingly they charged me a spiral of charges over 9 weeks, totalling just under £1100 (including this £125 recovery charge). This was also the first 2 months of the earliest charges 6 years ago. Of course the bank didnt send me from Dec 1999 but sent me from feb 2000.. and of course the first 2 months is where the spiral of charges came. I only found this out when a week after my 6 years statements arrived on 24th feb 2007 (I wrote to bank on 6th dec 2006 requesting statements) i received a franked white envelope (obviously not from head office but from the branch) with the statements missing from the period dec 1999 to feb 2006. Strange goings on.... someone in the bank obviously knew i was loosing out and sent me them .. but i dont know who..

 

Can anyone comment on this too??

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Hi,

 

Not an employee of RBS (used to be a few years ago though :p..now work for Abbey:eek: ) but...I had a £125 recovery fee so your not the only one.

 

Basically when your account gets to the point its so bad in debt/charges and RBS have tried to contact you without success or you have not kept to a debt payment recovery plan with them they instruct you to cut up your card and cheque book and post back to them. If you dont send it (I didnt, because this had happened before and I got away with it) they send somebody round to collect it from you. This is when the charge is applied! I wasnt in at the time and got a hand written letter from the agency sent to collect it through the door!

 

So, RBS charge it but its an outside agency they employ to do it. Hence the fee. Still a lot of money but that the story behind it

 

Cheers,

superward

 

PS I chose not to include this in my charges I am reclaiming to simplify matters and not give them any reason to reject my claim on a technicality.

superward vs First Direct - WON!!!

superward vs RBS - WON!!!

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The phantom helper is a strange one, no idea there but good news!

 

As for the £125 fee, RBS can't reject your claim, they aren't in a position to. The best they can do is tell you they won't pay you the £125 but they can't refuse to pay you the rest.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Yeah that's cool, was saying more for the benefit of the OP.

 

Waiting is a nightmare I know!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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