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    • 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.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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Complaint about Halifax new charges regime, template letters here.


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Ok, here goes, no 1.

 

Work in progress, and do tweak to your purpose, don't just blindly cut and paste. Some of you may get the higher charge than £1, change that. This is not one size fits all, it fits mostly. OK?

 

 

Make sure you READ it and UNDERSTAND it. I know it sounds obvious, but you'd be shocked as to how many just copy blindly and fall on their backsides when they get a reply.

 

:)

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Halifax

Customer Relations

PO Box 548

Leeds LS1 1WU

 

[Name]

[Address]

 

[date] [sort code/account no]

 

Dear Sir/Madam,

 

I refer to your letter/leaflet of [date], in which you advised that my regular overdraft would be subject to a £1 per day charge from December 2009.

 

I wish to state my refusal of these unilaterally imposed terms. The agreement between you and me was that this overdraft was provided without a charge apart from the interest it attracts, and I have no wish for this to change, nor have you given me a choice in the matter.

 

I am in a situation where I can not just pay off my overdraft and leave, which effectively leaves me at the mercy of your iniquitous charges.

 

Please be advised that I am reporting the matter to the attention of the Office of Fair Tradings, as I believe your actions:

 

  • Contravene the Consumer Protections from Unfair Trading Regulations Act 2008 and are in fact prohibited under Part 2, section 3.-(3)(a) and (b): "(3) A commercial practice is unfair if—

(a) it contravenes the requirements of professional diligence; and

b) it materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product."

  • I also believe your actions contravene the Unfair Terms in Consumer Contract Regulations 1999, section 5. (1) to (4):

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

 

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

 

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

and I also refer you to

Schedule 2 "INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR",

1. (k) enabling the seller or supplier to alter unilaterally without a valid reason any characteristics of the product or service to be provided.

I don't consider the "simplification" you claim is your primary reason for this change to be a valid reason.

 

Furthermore, I don't believe that your changes pass the test of transparency, as you have failed to give clear examples of what that daily charge equals in terms of the interest rate this equates to under typical amounts. Indeed, I believe that translated in a percentage, those rates would put your average loan shark to shame. Please feel free to correct those figures, but this is what I have seen reported:

£0.01 Overdraft: 3,650,000%

£100 Overdraft: 365%

£1000 Overdraft: 36.5%

 

Furthermore the change is going to hit the hardest the people in the worst economic situation, as those who can afford it will leave in droves whilst those stuck in the living-in-the-overdraft trap will be the ones worst hit, unable to leave and hit for those fees month after month after month. In a lot of cases, it may lead people to try and raise additional funds by taking on consolidation loans to pay off the overdraft, when they may not be able to afford it in the first place, which would amount to irresponsible lending and/or a breach of the OFT's guidance on Unfair Business Practices 2.6 (b) "pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing". Whilst I can't be sure of this happening, it is not inconceivable that quite a few of your customers will turn to you to find a way to solve the issue and may get talked into additional borrowing against common sense and OFT guidance.

 

Finally, I believe that this very material change to your Terms and Conditions is a direct breach of the FSA waiver to which you agreed, in that you are not supposed to alter your T&Cs in a manner which will disadvantage your customers whilst the OFT v Banks test case is ongoing.

 

I reiterate to you my absolute refusal to this change of charging regime and await your proposal to resolve this issue.

 

Yours faithfully,

 

[sign]

[name]

 

CC:

 

OFT

FSA

[your MP]

Edited by Bookworm
I am NOT good at maths!
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Nice work Bookie.

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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No 2, to OFT:

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

 

 

[Name]

[Address]

[date]

 

Dear Sir/Madam,

 

Please find enclosed a copy of the letter I have today sent to Halifax Bank. I know the OFT doesn't deal with individual cases, but I believe this blanket approach towards their customer base does come within your remit.

 

In this particular economic climate especially, this unfair money-making exercise is going to create even more poverty, more vicious circle of charges begetting charges, all this in a period when the consumer is unable to seek remedy due to the FSA waiver. Meanwhile, banks such as Halifax happily flout the very same waiver and unilaterally impose their changes on their customers at a time when they are not supposed to.

 

This is a request for the OFT to immediately start investigating Halifax Bank's disgraceful behaviour.

 

Yours faithfully,

 

[sign]

[name]

 

Enclosed: [copy of letter no 1]

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Excellent letter bookworm, just one thing though, in your example of interst rates you have got £100 listed twice with 2 different rates.

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Hey thanks for this, goin to draft up for hubby. Can I ask though, the letter my husband received is not dated! so what shall I put where it says [date]?

 

thanks in advance

 

I just put the date I got it through the post , which was last Thursday.

 

The maths thing (previous post)...I did not spot that...and the letters gone...oh well...I think they get the gist of whats been said.

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Thank you Bookworm and everyone else too for this

 

huge thanks fab as always

 

wonder if any national paper would be interested to persue this,

 

just carry on everyone and lets make some noise!!!

 

have a sunny day all laters angel x:cool:

Edited by angel_1
spelling,,,lol

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya all

 

have signed the government petition and now we can do facebook, fab

 

well remember when that lady spoke out about marks and spencer charging more for bras because more material and she did a facebook page, that worked a treat marks and spencer bowed down

 

so hey maybe this is the way to go too, fab idea gerrybhoy

 

laters all angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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What did they say about the issue on Watchdog? - missed it due to footy

The Watchdog feature was crap to be fair.

 

They simply stated the facts and said there were lots of angry customers interviewed by Martin .......

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