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    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • 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.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations 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.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...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   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). 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.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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TSB being a bit shady ( again )


Psycho Bob :o)
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Hi, I've been paying Lloyds TSB a regular set amount via payment book every month for well over a year, possibly two.

Recently ( 2 months ago ) I made a payment ( which is always made via my local Lloyds TSB branch ) and I enclosed a letter requesting a new payment book be sent to me as that payment was the last slip in the current book, ( so giving them a month to get one to me so I could continue as normal )

 

2 months pass and still no payment book, I start to think maybe they've just scrapped the account, but then get a letter from them ( which was forwarded to me via a letter from my local C.A.B as TSB had sent them it, as my C.A.B had previously been dealing with the account ) requesting the 2 months missed payments. I wrote back to TSB again asking for a new payment book so that I can make the payments, and finally three weeks later a new book arrives.

 

On the very next day, I make a payment which included the two missed months plus this months payment.

 

Then... a few days ago, I get a letter from Credit Security Limited, The Old Court House, High Street, Whitchurch, Bucks, HP22 4JS

saying they've been instructed by their client to recover the outstanding debt; going on to say that unless there was a valid reason for non payment, then the full outstanding balance was due within seven days.

 

That's a bit rich!....... how can Lloyds TSB cause the delay in payment ( by not sending a payment book when requested in good time ), then use that as an excuse to farm out the account to a debt enforcement office? That smacks of rule breaking to me or guidance breaking at a minimum.

Also rather cheekily the CSL letter is dated 25th May , I get it 28th May, and there's this whole jubilee thing going on so extra bank holidays etc that conviently fall into their 7 day request.

 

What should I do ?

My next payment to Lloyds TSB using the new payment book is due in a couple of weeks.

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Keep on making your normal payments. Don't stop under any circumstances.

Write to lloyds a succinct bullet-pointed letter explaining to them what has happened and how they have failed to conduct your account correctly.

 

Threaten to sue them under BCOBS - (but only if you are prepared to carry out your threat.)

Then come back here and we will be delighted to help you all the way.

Chances of success:- 90%+

Chances that Lloyds will back down rather than go to court - 90%+

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You don't need to send anything to CSL, continue making your payments direct to Lloyds, there will be no repercussions except you feeling popular with all the fan mail CSL automatically sends you.

 

And lodge that complaint with the bank...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I think it'd be COBS , as it's a repayment agreement for a lloyds tsb credit card balance.What letter would I send to Credit Security Limited? and if none, what would the repercussions be from them or as a whole?

Yes, you're right - COBS. In whcih case if you brought an action it would be for breach of contract on the basis that CABs was implied into the contract.

It would be a delicious claim to bring and I expect that Lloyds would squirm and squirm

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and dont forget you did have a valid reason for not making a payment they didnt supply you with the means to do so i.e. a new payment book

HTH (Hope This Helps) RDM2006

 

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  • 2 weeks later...

Hi :-) Having looked again, it took TSB 4 Months to get a new payment book to me.

I've since had another letter from CSL DEMANDING IMMEDIATE payment of the outstanding balance or a DEBT COLLECTOR may call or the account could be referred for legal action.

 

This got my back up, how dare they! so I have written them a nice letter, pointing out what they've done wrong and tying them up in knots. My next regular payment to TSB is next week and I'll send it as per usual with my nice new payment book.

 

I'd love to know now, how would I go about suing TSB for breach of contract in the county courts, and how much will it cost me? What paper evidence will I require? Can I drag CSL kicking and screaming into it so they get a spanking too? ( they really are the most obnoxiously blunt debt recovery company I've dealt with yet )

 

Many Thanks

 

Bob :)

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