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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • 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.  
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Problem re recovery of employer loan


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Hello,

 

I work for an insurance company that is owned by a Bank. I have recently, on the 22nd September received a letter from the HR section to advise that a season ticket loan I took out in 2005 remains unpaid. The letter implied I was in breach of my code of Conduct and gave 10-days to repay.

 

Since transpires this was a bank (my employer) problem and there was a number of accounts where they have not collected the money or set up mandates.

 

I contacted the team running the matter on the Monday as I receivd the post on the Saturday. I highlighed my concerns regarding the tone of their letter and advised I would make enquiries with myBank.

 

Long story but wrote to my bank, they waited a few days said I would need to apply for copy statements at £5 per statement. I then contacted the woman dealing with recovery of the money, she sent me the printouts they had but to be honest I want to check with my bank first that I have not paid this. I contacted my bank on the 8.10.07, after i had received these printouts. Bank confirmed on the 10.10.07 they had received my request and would process this.

 

Yesterday I received another email from my employers. She had cc'd a Supervisor in who was no longer my supervisor and told me we should have soted out this matter by the end of september (they wrote to me on the 20.9.07, I got this on the 22nd which was a SAturday !).

 

I have again complained that they are bullying me like this and also that they are involving people who are in no way related to this. My own department manager is supportive and has agreed to escalate this with his own manager.

 

Just wondered if you could give me any advice regarding what my rights are. I realise that I have to repay the money if I have not paid this but I am not paying anything back until I have satisfied myself I owe the money.

 

The woman contacting me is rude and aggressive, If they treat staff like this I hate to think how they treat members of the public ! Think I should raise a greivance against her personally ?

 

Not sure if you can help but nice to get off my chest.

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I would put in writing that you need time to verify that the money is still outstanding as you were under the impression thay it had been paid, assure them that you will enter into a repayment agreement when you have had confirmation from your bank that the funds have not already been paid, point out that it was their mistake.

You don't need statements from your bank just a printout of activity.

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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I contacted the girl chasing the money initially and told her what I was doing. I just feel she is really unreasonable. She keeps refering to the code of conduct which says you should manage your finacial affairs, so by not checking that every direct debit I have on my account is being paid she has said I am in breach of this. Just feel she is using this to bully me into agreeing a repayment plan. My main problem is not the loan, if I owe it I will pay it. My concern is how this is being chased for what was their problem.

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Well you are entiltled to dignity in the workplace part or this policy will be that employees are entitled:

 

To be treated with dignity, respect and courtesy.

 

 

To a workplace free from bullying, harassment or victimisation.

 

 

To experience no form of discrimination.

 

 

To be valued for their skills and abilities.

 

 

 

Speak to her manager and mention your right to free from harassment, if that fails then put your concerns in writing as a grievance. They then must hold a meeting within 28 days.

If my comments have been helpful please click my scales

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Hello,

Transpires the girl chasing me actually works in HR. I emailed her on Monday (cc'd in her Manager, her Managers Manager and My Manager) I told her where I was at with my enquries.

I then went on to say I felt I was being bullied / harrassed when I was doing all I could to look into the matter. I went on to say as she worked in HR I presume she was familiar with section of the Code of Conduct 'dignity at work'. Furthermore I said I intended to speak to my Manager on his return from annual leave to decide whether to escalate this!

This worked a treat. She has just said she will wait to hear from me when I get the statements. No more chasers/ snotty emails ... I can actually get on with my job without being wound up each time I received an email in my in box.

Thank you Cal.

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Hi megan,

I work in the compliance section of a financial institution who also have a Bank, and read through your issues with them and HR.

 

I hope you don't mind me adding some comments here that should help you, or some questions that your Manager could ask for you.

 

Why, if the loan was started in 2005 was the failure of payments / direct debits not discovered before now by the finance section?

As accounts are audited on an annual basis - who signed off on the 'up to date' records regarding season ticket loans?

Has the (finance) department recorded a 'breach notification' relating to the failure to identify that outstanding payments had not been received? - - probably from others not jusy you.

Has finance notified the compliance department of their failure?

If it has taken them more than a year to identify an internal failure, they cannot expect anyone to repay within 10 days.

Do you have 'telephone' banking, where you can discuss your account direct debits with someone over the phone?

 

Regarding a Respect & Dignity policy - normally if an employee raises an action under this type of policy - HR are normally required to 'acknowledge' the receipt within 48 hours, and discuss with the individual the 'complaint' within 5 days - just to establish what the grounds are.

This should be covered under 'What action we will take' - by the Firm / HR

 

Hope this is of help to you.

Regards

Mike8

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Mike, Would they be obliged to tell me the information you suggested asking for ? When they first contacted me I asked why it had taken so long to notify me and whether other employees had the same problem. The girl chasing implied it was an error on my part and for some reason I had canelled the dd (which I hadn't). It was only after speaking to colleagues I discovered other people had the same problem. I complained about the wording of the original letter and was basically told ' It is a standard letter drafted by the audit team (who I think discovered the problem)' regarding other people it effected I was told she could not discuss other peoples issues because of DPA ... basically she did everything to try and blame me ... not admit it was a 'bank' problem which I presumed was so as to put pressure on so I would pay and sort out sooner rather than later.

I have heard nothing at all regarding my reference to Dignity at work. My Dept Manager is back next week so I will speak to him regarding whether to take this any further. If I am honets I would rather not as I am busy enough as it is but I feel she, and to some extent the bank, should not simply get away with it.

My own bank only hold records for 6-months for Telephone and branhc banking. They have told me anything older and I have to get copy statements.

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Hi Megan,

It was probably discovered by Internal Audit - who have a duty to review accounts annually under FSA / regulated Firm's internal procedures.

They probably won't own up to a failure in an email direct to you.

I would suggest that your Manager requests the 'information' on your behalf, when he returns, as part of a possible 'respect & dignity'

complaint. If you don't have a copy of the R&D policy, it should be held on the firms 'intranet' or available on request from your HR department.

Hope you get sorted - but don't allow them to railroad you (and others) for something that was not your fault.

Regards

Mike8

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Just a point. Under the data protection act, no information relating to yourself can be discussed to another employee/person, regardless of its content. For this HR women to be discussing your account with any1 else contravines this data protection act.

Office of Public Sector Information

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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i would further suggest that all of you who are affected by this send the same sort of complaining and equiring emails to HR / Managers etc, it is a disgrace, sounds like they are trying to cover up a cock up. Dont let them bully you!! and Mike8 is giving very good advice as far as I can tell :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi Megan,

 

you seem to have some great advise above, so all I will add is that an employer cannot make any deductions from your pay (with the exception of tax, N.I and any court orders) without your authority, so even if they do prove that you do still owe them this money they will have to agree a repayment schedule with you.

 

If there is not currently a Trade Union at your workplace, consider joining one, its your legal right to do so. Details of all affiliated Unions are at Trades Union Congress - TUC - Britain at work

 

Regards,

 

Paul

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