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    • thanks ae - yes  I understand the claims are between me and the lender.  But with regards to the order for sale the judge specifically said it is the receiver who is appointed to sell - and he hasn't/ and isn't - which is why I am asking if I can apply to the court v the receiver for an order for sale right now?   The receiver is not part of the current proceedings heading to trial.  But he is responsible for selling the property - and he has consistently rejected offers over >5y.   This is specifically why I would like to understand if I can apply to the court to enforce the sale by the receiver??? As above - The judge has said otherwise the order for sale v the lender has to be dealt with via the trial.  Which they have deliberately delayed via the adjournment. Valuation is an issue. The lender chose the valuer.  I paid but his report basically belongs to and is referred to by the lender.  He did a prof valuation without doing a site visit.  He had done a site visit 5 months earlier for different potential lender.  The 1st valuation he erroneously wrote in his report as fh.  He just did a re-write 5m later - but wrote in his report that the value was the same for lh. I had a great offer on the table from a niche buyer which would have cleared the loan and given me a lot of £s.  But the lender rushed through the repo and the buyer got spooked and ran.  The lender then slashed the price by 30%+ from their valuation (fire sale price?).  As you suggest - they fully expected potential buyers to quickly grab the property at such a discount.  But it turned out they couldn't.  The market had dropped anyway. Then covid hit.  Every potential buyer was questioning the valuation (which clearly was wrong but the lender had accepted).  The lender and receivers actions have eroded the equity.  This wouldn't make sense to any normal lender.  99.9% would have just sold to the 1st buyer willing to transact.  The lender/ receiver had such a willing buyer on day 1 of marketing.  But they spent 15months trying not to sell to them.  As I said, disclosure shows the ceo wanted (wants?) to keep it for himself - so common sense didn't (doesn't) prevail.   The lender has made a £ Claim v me.  I am disputing it because I maintain it is their actions that has caused the erosion of equity/ a debt to accrue. The lender's problem now is that they have spent so much money and added so much interest over 5y that they cannot sell the property for what they need/ want.  They are trying to blame me for this.  But it is their fault; not mine - because I am not in possession or in charge of selling it. As I also said above - if there is some legal reason why I cannot make an application to the court for an order for the receiver to sell - then can I ask the other entity which has a charging order and threatened to do so ???  I will contact this other entity only if I can't make an app to sell v the receiver    
    • We registered our child with a nursery last year for a June 2024 start date. This was before how the new 15 hours free childcare was going to work. At the time my wife paid a £50 deposit. A few weeks ago they sent out an email about how the new funding was going to work. The nurseries can use it as they wish and they said if the child wants to come for one full day we still have to pay £50 and we can't use all the hours for one day. They also drastically increased their day rate. As a result of this we were looking elsewhere and have found a much cheaper nursery so we are changing.  The original nursery now said you only get the deposit back if she starts because it comes out of the first month of fees. I don't think we filled any any form or anything so there were no terms and conditions. Are we entitled to get the deposit back or is it our fault for not asking what the terms were when we paid. 
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Iv been reading the forums for a few weeks now and have been fine so far. I sent my 'List of Charges' request to RBS on 11th July and I received all my bank statements in full early last week. I now need to send the 'Preliminary approach for repayment' letter with a list of charges. I apologise if the information i require can be found in the forums or FAQ's but I just cant find it. I've even tried using the search facility. I'd be grateful if somone could inform me of how to set out the charges on paper, do i list the charges in columns i.e TYPE OF CHARGE / AMOUNT / DATE ? If not, please correct me on this. Also, my bank (RBS) have refunded some of the charges. Over the past 6 years I calculated that I have been charged a total of £1745 in unpaid d/d charges and referral charges, and the other half of the charges dont even state what they are for. Out of this £1745, the bank have refunded a total of £381. I dont know exactly which specific charges have been refunded so how do I go about this? Do I list a breakdown of all the charges and show the refunded charges, subtracting them and leaving the total amount of charges that have not been refunded? And how do I lay this out on paper? Any help on this subject or any tips on the process would be much appreciated.

 

Cheers, fi x x

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Hi Fi

 

Here is what I sent for reclaiming charges - Use for RBS

 

___________

 

 

Mrs Sophie-Jane

XXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

 

Alana McLauchlan

Customer Services

Bank of Scotland Card Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Re – XXXXXXXXX

 

Date

 

 

 

Dear Alana McLauchlan

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last four years

I now understand that the regime of fees which you have been applying to my account in relation to exceeding credit limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then you will pleased to demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

You concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £XXX.00. As of the above date the interest charged if this matter also went to court is £xx.xx @ 8% APR, Making a total of £XXX.XX (calculated as date of letter)

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

List of Charges / Offence

 

COPY your exel Spreadsheet and Paste it here

 

 

Yours Faithfully

 

Mrs Sophie-Jane

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Hi Fi

For the Goodwill payment, I used this one

___________

Mrs Sophie-Jane

XXXXXX

XXXXX

XXXXXX

XXXXXX

XXXXXX

THEIR ADDRESS

 

 

Re - ACCOUNT

DATE

 

Dear Sir / Madam (from Goodwill Letter)

Re your letter dated 18th May 2006, I thank you for your goodwill payment and that all agreements are to stay as arranged, I am only going to accept the Goodwill gesture of £XXX as part payment of the £XXX that has been unlawfully charged against my account which I hold at present.

At present calculate that you have taken £XXX.XX plus £XX.XX which you have charged me in overdraft interest (8%APR) for the sum which you have taken. Total £XXX.XX

Unless you can provide accurate breakdown of these charges levied against my Account, I will not accept any Charges levied against my account, at present or in the future.

 

I require repayment in full of this money (credited to the existing balance). If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

Yours faithfully,

Mrs Sophie-Jane

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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  • 2 weeks later...

Hi Sophie, thanks for your reply. I'm sorry I've not been online I have had a berievement and my heads not been with it. Iv copied the letter but how do I set out the list of charges? cos I have to list every charge and type dont i? ie:

 

Date of charge - - - Amount Charge - - - - - Type

- - 11/03/04 - - - - - - - £28 - - - - - - - Unpaid Item

- - 22/04/04 - - - - - - - £30 - - - - - - - - Referral

 

Iv seen the excel spreadsheets in the templates library, but there only for people who want to claim interest arnt they? I dont want to claim interest, i just want my charges back.

 

I would appreciate any help on this so that I can continue with my claim. Iv prepared the letter, i just need to know how to layout the charges.

 

Cheers, fi x x

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