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    • 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.  
    • 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.
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      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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Harassment by MBNA


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MBNA seem to harass people by phone as a matter of course. By harassment, I mean repeated phone calls, sometimes several times a day, certainly several days a week. They often phone family members, workplaces, etc.

 

This type of behaviour is not allowed under OFT guidelines and is possbily an offence under statute.

 

If you are suffering telephone harassment by MBNA, please PM a member of the site team.

 

 

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I had 4 phone calls from MBNA in the space of 20 minutes - a family member answered the phone and barked at them that this was harrassment; didn't hear from them by phone for a few days. Got a letter from the Indian call centre instead, telling me not to send correspondence to that address - as if!:rolleyes:

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MAke sure you keep good records (date, time, who called) and record them if possible. You need to build up good evidence but it sounds like you could have a good case for harassment.

 

 

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Hello Steve,

 

This will be a very interesting thread:D I feel very lucky the last SAR I requested, had a log of all the haressment calls listed for my convenience. It even had the transcript relating to the fact they had been checking up on any spending that I had done. Mbna Rang payplan, my debt management plan co-ordinater to tell them that I was spending money on cards:shock:. I hadn't as I don't have any:D This was a down right lie. They had been watching my daughter's spending and have all her details. name address etc. on their files:rolleyes:

 

Not the indian call centre though:-x might try and get those:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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It seems MBNA get hold of details of other people you may know on a regular basis. Surely that is very very illegal. Just because you are related to someone, doesn't give any company the right to snoop into their lives or contact them regarding your account.

 

Steven, what do you think? MBNA seem to spend their time doing (allegedly) illegal things. Surely they should be hauled in front of a judge and their credit license revoked with immediate effect. I'm sure they are a little too big for that to happen but their behaviour should not be allowed to continue. Mind you Chester TS seem to be in their pockets too.

I wonder if MBNA are the new Enron :roll:

 

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Hello Steven!

 

They've stopped Calling me, probably because they've now Sold everything off to DCA land (who will be asking for Refunds soon I suspect)!

 

However, I do have a long, long Log of their Calls, many Recorded Messages, and one interesting set of Calls when they used the Calling Line Identity of our Mortgage Company.

 

I moaned at the Mortgage Company asking what the heck were they calling about, they said it wasn't them. So, they called the number and found themselves speaking to MBNA on what was one of their own numbers! MBNA fessed up that the purpose of the call was actually about my MBNA Card!

 

Mortgage Company confirmed this via email, so I have proof.

 

Long story, but the Call Centre was one run by MBNA who also handled Cards for our Mortgage Lender. So, they could elect to use a variety of numbers when calling out. I am sure MBNA checked who we had our Mortgage with, and thought it would be very clever to use a number that was otherwise not linked to MBNA but to the Mortgage Company instead.

 

Perhaps they thought I would see a Mortgage related number, poop myself and knee-jerk into answering. Thus give an MBNA Phone Monkey a crack at some abuse otherwise denied them because I'm not usually easy to catch out on the phone, at least not by cretins.

 

If any of this is of any use, let me know.

 

Cheers,

BRW

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If find these actions by MBNA absolutly ridicoulous...if not unsurprising and most probably illegal. :mad: Ive had many dealings and telephone harrasment from MBNA in the past. I wish id found these forums sooner!!! Im in the process of trawling this site to see if i can have my extortionate charges refunded..any point me in the right direction? Good luck and i hope your outcome is favourable. Best wishes:)

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Hi back! Unfortunately not. :mad: As i hadnt discovered this site until recently i thought that this was the norm regarding such companies...-ridiculous i know.!!! :mad:Again, my lack of knowledge of procedures meant that my account was passed to the debt company as it became impossible to repay. I ended up setting up a repayment schedule via Payplan and have been repaying using this method for some time now. I certainly would like to reclaim any charges however. Can i write to them asking for statements etc? I went to the Martin Lewis money expert site and would like to follow this example

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Well MBNA have gone quiet on me....damn....I was hoping to record a nasty conversation!

 

Seems they may be unsure of what to do since they have defaulted on the 12 day limit to produce an enforceable CCA.

 

They are now trying a new tactic to get me to contact them - email! Has anyone received an email from someone at MBNA asking you to contact them? Here is the one I got....

 

From: [email protected]

Subject: FW: "Private and Confidential for addressee only"

 

Mr FBR

Can you please call Nikki Hallworth on 01244 673 093. I am in the office between the following hours, 8am to 9pm Monday to Thursday, 8am to 5pm Fridays and 8am to 12pm Saturdays.

 

 

To which I replied stating that they are in CCA default and the alleged debt is now in legal dispute.

I wonder if MBNA are the new Enron :roll:

 

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Yes, I automatically SPAMMED them after the first one, I think they sent 2 others before they got the message.

 

If you reply to them via email, they will believe they have unrestricted access to you. although it might stop them phoning you.

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Hey Steven

 

I was thinking while reading various threads in which many CAGers mention being called via neighbours, friends, parents, workplaces (their own and those of parents etc).

 

Aside from the harassment issue, there must be something in the Telecomms acts about collating and using arbitrary phone numbers. Just because you call a company on a number doesn't give them the right to retain it and use it in future. They should use only the numbers given to them explicitly for contact purposes by their customers.

 

What do you think?

I wonder if MBNA are the new Enron :roll:

 

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Could be - seems like a little research project. Here are links to some of the relevant Acts:

 

Telecommunications Act 1984

 

Telecommunications (Fraud) Act 1997

 

Electronic Communications Act 2000

Communications Act 2003

 

Privacy and electronic communications (EC Directive) Regulations 2003

 

Are you volunteering FBR?

 

 

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Steven, the post below made me think of other action we could bring against MBNA.

 

http://www.consumeractiongroup.co.uk/forum/mbna/160210-extortionate-interest-rate-after.html#post1862956

 

How about another thread like this one to collate a list of specific charges against MBNA and bring it to the FSA's attention. All MBNA "customers" should also complain to the FSA at the same time.

 

I'm thinking that coordinated complaints against all of the bad business practices we fall victim to would be better than only hitting them with CCAs. Chester TS seem to have turned lapdog to MBNA so we need to go to the higher and hopefully more affective bodies.

 

Any thoughts?

I wonder if MBNA are the new Enron :roll:

 

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