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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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    • We have finally managed to obtain the transcript of this case.

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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The Virtual Global Taskforce (Stopping child abuse online)


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The Virtual Global Taskforce (VGT) seeks to build an effective, international partnership of law enforcement agencies, non government organisations and industry to help protect children from online child abuse.

 

 

The objectives of the VGT are:

  • to make the internet a safer place
  • to identify, locate and help children at risk
  • to hold perpetrators appropriately to account

The VGT logo reaffirms the VGT’s purpose that the child is the key focus of the VGT and the eye is always roaming the internet, across international borders, watching over our children to keep them safe online.

 

Below are a set of FAQs for Children, Adults and Teachers.

 

Feel free to print them off and use them with your own children, your own information or for a class lesson or discussion.

 

..............................................................................................................................................................................................

 

FAQ’s for children

 

What is online grooming?

 

Online grooming is when a person over the age of 18 contacts a child under 16 to form a trusting relationship, with the intention of later engaging in a sexual act either via mobile telephone, webcam or in person.

The relationship starts online and is often continued in person. In some cases the relationship is purely online. Online groomers are known to spend weeks, months and even years communicating with a child to form a trusted relationship.

Who are online groomers and how do they get my attention?

 

Online groomers can be both men and women of any age over 18, although they may not always be honest about their age. They generally get your attention by using flattery and building a ‘trusting’ relationship with you. At times you maybe unaware of the type of information you are giving them, but you do it because you feel comfortable talking to them.

What is the risk of sending images of myself?

 

If you decide to send pictures of yourself or post them online, you can attract unwanted attention from people you don’t know or people you do not want to be talking to. You can lose control of your image and not know who is looking at your picture or where it may end up.

If you are under the age of 18 and have a picture taken of yourself, wearing minimal or no clothing, it can be referred to as child pornography.

What if someone asks me to do something I don’t want to?

 

It is important that you tell someone what has happened if you are made to feel uncomfortable online. The first thing you should do is tell an adult that you trust. They will be able to help you.

You can also use the Report Abuse button, which will send an online form to the police. If you feel like you are in immediate danger, contact your local police straight away.

Blocking or deleting the person from your contact list is another good thing to do, but make sure your parents or a trusted adult is aware of what has happened too.

What is “Sexting”?

 

Sexting is a term used to describe the sexually explicit text messages or images sent via a mobile telephone or the internet to anybody.

Law enforcement calls this type of behaviour the production, distribution and possession of child pornography through the use of a carriage service (mobile technologies and the internet).

You could face serious penalties if you decide to send this type of image or message. You should never feel pressured into saying or doing anything like this. If someone really loves or cares about you they will never ask you to do this.

Think about how this image or message can effect you, your family and your friends if it was to be widely distributed. This type of behaviour can effect you both short and long term.

How personal is personal?

 

Personal information should not be placed online. Just because there is a box for you to add something doesn’t mean you have to. Try to avoid placing too much information on the internet such as your current city and date of birth. This information along with pictures makes it easier for unwanted people to identify and possibly locate you.

What if I see something I didn’t mean to look at?

 

If you see something online you believe could be child sexual exploitation material, you should tell a trusted adult straight away and report it to police. Even if you are unsure of what you are looking at it is best to talk to someone who can help.

 

Copy Right belongs to the Virtual Global Taskforce.

 

http://www.virtualglobaltaskforce.com/what-we-do/

 

.................................................................................................................................................................................................

 

 

FAQ’s for adults/Teachers

 

What is online child sexual exploitation?

 

 

 

Online child sexual exploitation includes:

  • making and downloading images of children being sexually abused;
  • approaching a child online for sex. This could be sex online (e.g. sexual activity via text or webcam) or sex offline (e.g. grooming a child online for the purpose of meeting up for sex in the “real” world).

What is online grooming?

 

Online grooming refers to the deliberate actions taken by an adult to form a trusting relationship with a child with the intent of later facilitating sexual contact. This can take place in chat rooms, instant messaging, social networking sites and email.

What should I do if I suspect a case of online child sexual exploitation?

 

The Report Abuse button is an effective mechanism for reporting inappropriate or illegal activity with or towards a child.

If you or a child is in immediate danger, contact your local police.

What cases of online child abuse are reported to the Virtual Global Taskforce?

 

An example report received by the Virtual Global Taskforce is available on the case studies page.

What do children do online?

 

It has been reported that one of the most common uses of the internet by young people is for research for school work and general information gathering. Other activities include: downloading music, keeping in touch with friends by chat and email, and playing games. Gender differences have also been reported with boys reporting using the internet for playing games and downloading music and girls reporting using the internet for email communication and school work.

Why do parents need to get involved?

 

It is important to remember that the internet is a good place where children and young people can communicate, play, learn and work. However, as with many new or emerging technologies, the internet has also raised new areas of concern. An awareness of these issues by parents can help to educate and protect children and young people while they enjoying using the internet.

What expertise does the Virtual Global Taskforce have on online safety?

 

The Virtual Global Taskforce draws on the expertise of specialist police officers, investigators and analysts.

Where are children most at risk?

 

Children have reported receiving unwanted sexual solicitations in chat-rooms, while using Instant Messenger, via email, when gaming and on message boards.

How do sex offenders find children online?

 

 

 

Adults target children through a variety of means. Examples include:

  • through member profiles in their Instant Message accounts, which often hold personal details and indicate their ages and which can be viewed publicly if a child hasn’t requested otherwise.
  • by asking young people who they have met online – for example in gaming sites, to add them to their friends contact lists so that they can chat to a children’s network of friends.
  • by going to child-specific chat rooms and forums to engage young people through deceit or flattery. From this public area they would then encourage the child to talk more privately through texting on mobile phone, or in instant messenger.
  • some abusers will send hoax letters via email to young people, purporting to be an organisation which they are interested in – and then hope that the child responds.

Adults who want to contact children can do so quite easily online, since personal information is often not kept private in the same way that it would be online.

How do I know if my child is at risk?

 

Children and young people may take part in all sorts of online conversations and activities with each other, some of which may be of a sexual nature. This is a normal part of growing up. However these kind of adolescent activities are very different from the activities and conversations that an individual with a sexual interest with children can initiate.

If you have any concerns about your child’s activities on the internet, or if you find any record of inappropriate images or conversations, talk to them about your concerns as you would about any other concerns. If you remain worried, or want some help and advice, there are a variety of organisations that can assist.

Are there any signs to indicate that my child is being groomed / abused online?

 

 

 

The vast majority of children are not being abused online and never will be. The following activities could be perfectly innocent but is worth being alert to potential signs:

  • becoming secretive;
  • downloading files onto discs; and
  • using encryption software.

Changes in your child’s behaviour may act as indicators and these changes can include: a change in a child’s self-esteem and self-confidence, withdrawal from the family and isolating themselves, difficulties at school, an increased level of anxiety, sleeping difficulties, concentration difficulties, and in some instances become excessively concerned with washing and cleanliness.

Other possible signs that your child might be being groomed online include: excessive use of the computer; aggression around computer usage; change in the use of sexual language; unexplained gifts or cash; and /or finding pornography on the computer.

It is important to remember that these behaviours can be a normal part of growing up, so it is important to establish the reasons why these changes are occurring and to seek help and advice if you are concerned.

Should I stop my child from using the computer?

 

No, this would be an over-reaction. The fear of losing internet privileges is one of the key reasons children don’t tell parents about problems online. Instead you can help to educate your child about safe ways to use the internet.

What can I do to protect my child online?

 

Talk to your child and reach agreement about how they will behave online.

 

 

We also recommend:

  • only allowing your child to use the computer and access the internet in an open area of the house, rather than locked away in a bedroom;
  • using parental control software;
  • maintaining open lines of communication so you know what your child is doing online;
  • encouraging your child to use moderated chat-rooms; and
  • notifying the police if you have concerns about someone your child has met online.

What can I do to stop online child abuse?

 

Follow the advice given on this and associated sites.

Always remain vigilant and careful in your use of the internet, and report any illegal activity that you discover.

Never be tempted to carry out “vigilante” investigations on the internet in an attempt to identify offenders. Such investigations can be counter-productive to ongoing law enforcement investigations, can put you into a position where you may risk breaking the law yourself and, most importantly, they can seriously endanger the safety of real children. Please leave work of this kind to law enforcement professionals.

 

 

Copy Right belongs to the Virtual Global Taskforce.

 

http://www.virtualglobaltaskforce.com/what-we-do/

Edited by Mr lex

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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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