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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Going back over 6 yrs, no info?


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Hi

I wrote to the RBS asking for my statements going back past 6 years as they only initially provided the last 6 years.

I have had a letter back from RBS telling me that they hold no statements on my account going back 6 years. They say they don't have to keep them so they haven't.

This is an old account closed in 2003.

 

I'm not 100% convinced they are being honest, afterall its the RBS. Do you believe them? Is there anything else I can do?

 

Is it worth starting court action or am I just going to have to take them at their word that the statements are gone.

Thanks

Paul

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Don't believe them in the slightest they are telling lies ....I've got statements out of them going back to 19 Dec 1997 and I'm going to force them to produce them going back futher.Take a look at this letter that came with my statements.

Proof they are telling you lies

sparkie

Your Ref:

OurRef: RBS / 28694065 / Arch / CCT / JMK

Date: 18th June 2007

RBS

The Royal Bank of Scotland Croup

Credit Management Services Customer Care Team

Kendal Court Ironmasters Way Telford TF3 4DT

Direct Dial Number: 01952 - 206432

Facsimile Number: 01952-206531

Textphone: 01952-206570

 

I write further to our recent telephone conversations regarding the corresponding entries to the debits to your personal account numbered XXXXXXXX.

As discussed, I have been able to obtain copy statements for the business account numbered XXXXXXXXcovering the period from the start of 1998 through to mid-May 1998. I would draw your attention to the credits recorded on 31st March and 7th May 1998 - both for - which correspond to the withdrawals -from your personal account.

I am still trying to obtain further statements but, as you are aware from our conversations, there is an element of trial and error in the process of obtaining these as I cannot be certain of the precise date that the account was closed.

However, there does appear to be activity on the account beyond the date that we originally understood that the account had been closed and replaced with your personal account. This includes entries such as cheques and credits that could only have been instigated by you.

I will continue to try to obtain further statements and these will be forwarded to you if and when I receive them.

Yours sincerely

J.M.Kennedy

 

The Royal Bank of Scotland pic is registered in Scotland No 90312. Registered Office: 36 St Andrew Square, Edinburgh EH2 2YB

The Royal Bank of Scotland pic is authorised and regulated by the Financial Services Authority and represents The Royal Bank of Scotland Marketing Group. The Bank sells life polic units in collective investment schemes and pension products and advises only on the Marketing Group's range of these products and on a With Profit Bond produced by Norwich Unic Life

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Cheers Sparkie

 

That's all well and good, and I'm already convinced they are talking crap about not having any statements older than 6 years, but how do I proceed? Is there some sort of proof they should have that the statements were destroyed? Can I force them to produce this? Are they legaly obliged to keep statements for a fixed period of time?

 

Sorry about all the questions, but I really want to stick it to 'em good!!

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No there is only a stipulation that they must keep for at least six years....but if anyone holds information for a period longer than six years the Data Protection Act states they must have a reason for doing so and ithey must give you a reason for keeping it also if they do, they must supply you with it because it is your information and you are entitled to it, that is why Banks allways say that they hold information for no longer than six years, so if they do and do keep it longer they are making negligent miss statements with the deliberate attempt to deceive and mislead.

 

sparkie

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Just write and tell them to supply them ......as you can provide absolute proof ( from th RBOS themselves) that they DO keep statements longer than six years, and have provided them to other customers so why are they discriminating against you..... andif necessary prove it in court but the evidence will not be shown to them until the day of a court hearing as it is priviledge information, and does not belong to you...... but at a push you could use my evidence to the fact.

 

sparkie

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I may be sounding daft here but just because they have some peoples statements surely doesn't mean they have to have mine, especially since the account was closed a few years ago.

 

Debs (the wife)

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Why should they keep some peoples statements and not others one of my accounts was supposed to have been closd in 1998, I got statements on that account, so again why keep some and not others

 

sparkie

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