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    • 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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Too Many Posts Going Unanswered: Your Help Needed


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because no one has posted on it for the last 4581 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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Every week there are, on average, upwards of 80-100 new posts that don't receive a reply ( and at a time when the forum is relatively quiet). Obviously there is a percentage that quite clearly don't necessarily need a response, but if you are a first time poster, it can be dispiriting not to receive any answer at all.

 

 

All you need to do is click on Search and then Advanced Search:

 

AdvancedSearch.jpg

 

 

 

 

In the Search Options box:

 

SearchOptions.jpg

 

 

Change 'At Least' to 'At Most' and select either 'Your Last Visit', 'Yesterday' or 'Last Week' and click on the Search Now button.

 

Or you can just click here. (thanks to Barracad)

 

 

Even if you don't know the answer to the query, just a word of support or encouragement will bump it, where hopefully it can be seen by someone with more expert knowledge.

 

So please try and make a '0 Search' whenever you can and help keep '0 replies' to a minimum.

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Thank you, Michael. :-)

 

To add to this, you may be a relative newbie, and you think that maybe there are people with more knowledge or experience or "seniority" who can answer, or you don't want to be seen to put yourself ahead. Please don't ever feel that way and never hesitate to respond. That's how this site grew and keeps on growing, thanks to us all ordinary users. :-)

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Tyvm for this Micheal, I frequently check the "new posts", but will now use the "advance search " opriot, never know I might be able to help or point a newbie in th right direction

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Hi Michael

 

I for one am not always sure of the answers and don't want tp send 'duff' information. I think others feel the same and this tends to put you off saying anything. Saying that I will start to answer any I see if only to say hello.

 

Cheers

 

Chris:)

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Jailbird,

 

See post#2. If you're not 100% sure of any advice, just say so in the post. It's not a crime to be mistaken, someone will always correct it, if necessary, and that way the OP, you and other users learn and add to their knowledge. I should know, I've done it often enough myself :eek:

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Hey great idea, cheers for the advise. Funny I always check new posts and thats how I found this post but checking for 0 posts is much better and effective. MAYBE a good suggestion to admin to add as a function at the top navigation bar alongside of new posts. if possible.

 

 

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Guest louis wu

For the past few days, I have been looking for unanswered threads, and TBH, I never realised there were so many.

 

I find, however, that the unanswered ones are sometimes the real tough questions. I agree Jailbird, it is sometimes difficult to have a go when your not really sure, but I have decided that just plain moral support helps, and gives the thread a little bump to the top of the page, where hopefully someone will see it who can really help.

 

I do remember being new, and worried about making my first post (first few posts in fact), but the friendly comments I recieved helped ease me into CAG gently. Never forget, a friendly word can sometimes mean more, and do more than a really important fact.

 

Great thread (as always) Michael, we all need a reminder as to the real basics of what we do, and what CAG represents.

 

louis

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Yes - thanks Michael.

 

I still don't like answering posts when I don't know the answer. But you're right -just the sense that somebody is there when you are new is, as louis says, the kind of moral support that is needed.

 

Point taken, and I will try.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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I jus did a search as MB suggested - only 20 at the moment - and I really do not have a scoobie about any of them.

 

Looks like a lot of folk have been working hard.

 

:)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Guest louis wu

We've got it down to about 40 now.

 

Since MB's first post, it has come down to about the 40 - 50 post mark, but rarely (ok never that I've seen) gone below.

 

This is partly due, IMO, to the difficulty of some posts, and also that some are just one off''s that neither need or require a reply.

 

I think if we can keep on top of this (and I believe there are a few who are spending a lot of time on this), then we should be very satisfied, and suitably pleased with ourselves.

 

Louis

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Just been doing another sweep and a lot of the threads are really 'stumping' me (PPI, insurance queries, utilities and telecoms queries). But I've noticed that by putting the following on the thread seems to get the ball rolling, with other caggers with experience of the query posting on the thread:

 

Hi xxxxxxx,

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck :)

 

.............. seems to be working on most threads anyway! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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I've noticed that by putting the following on the thread seems to get the ball rolling

 

Hi xxxxxxx,

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck :)

 

Either that or:

 

BUMP

 

:-)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Either that or:

 

BUMP

 

:-)

 

Ahhhhh............... but it's much nicer to be nice dear :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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And you are :) (nice, that is)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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And you are :) (nice, that is)

 

Thanks! :-)

 

See Hedgio, somebody appreciates me! :p;)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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You too Ellen............. you're a sweetie! x

 

EDIT: think you'll find she meant me stiggo! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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it applies to you all, of course;)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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