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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.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Hi everyone i hope i have posted in the correct area !! HELP my story is that

 

i have recently defaulted on 2 credit cards ,i am only 1 payment behind .

 

i was unlucky enough to have two operations last year and borrowed money from 1 card to pay the other

i have had to undergo further surgery april gone and i have been living on stat sick pay/ tax credits and housing benefit .

 

I have approached two debt charities and as advised done a budget which has surprised me ,

 

my outgoings are £350 more than i have coming in !!!!!

 

I am being treated for depression and have been for 3 years after losing both parents to horrible illnesses.

 

I have been straight with both lenders but the HALIFAX wont enter into any agreement because of my budget

and the RBS have now sent me a financial form to complete

,they are also asking when i will be back to work and can i send them a copy of my DRS certificate are they entitled to this ?????

 

by the way late charges and over credit fees keep getting addded.

 

Can anyone point me in the right direction ,

total debts approx £9000 iand i work part time for £6.50 an hour and my situation doesnt look like it will be any better even when i return to work.

 

any help would be appreciated TIM :-D

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not entitled to know ANY of your pers medical details

neither

are they entitled to a budet sheet either..

 

what level are the debts please.

 

and how much of these are PENALTY charges & PPI?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi thanks for your reply, the level of debts are rbs £4200 and halifax £2200 they both increased the credit limits last year after i requested them to but i thought they would send me another agreement to sign.

at the moment there insisting on this budget sheet to see wether i am eligable for token payment £1 this is what one of the debt charitys suggested.

There is no p p i on either account but each have added on 2 x £12 for late payment and the interest has now taken me over the credit limit hence the extra £12 ,talk about getting kicked when already down. I dont intend to send personal medical details to any old tom dick and harry !!!!!! thanks for any advice you can give TIM

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Hi thanks for your advice, i am in the process of opening a basic bank account with the coop . There is no ppi to be had unfortunately but i have done a budget but cant see anything really to cut back on, all my bills have increased except my wages !!!!!! Whats your personal opinion on a DRO ? thes debts are only a year old and i have only just been able to hang onto my working tax credits since it all changed in april and they will now take an average on my weekly hours ! my main bank is hsbc who i have an overdraft with . any help would be great TIM

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  • 1 month later...
not entitled to know ANY of your pers medical details

neither

are they entitled to a budet sheet either..

dx

 

Hi, just came across this thread and am having similar health problems and it's so difficult to fight back when you are feeling so low.

 

DX - why do you say that they are not entitled to a budget sheet? I was advised via CCS that this should be completed and sent as evidence of your inability to pay - you may know something different?

 

Tim - you might find it useful to search the web for "Debt & Mental Health Good Practice" (I am unable to add links yet). You will find a few sites including MALG and links to Royal college of Psychiatrists who have done loads of studies and set out a code of good practice for people with mental health issues including depression. Also on HMRC website look up DMBM585185 - It's a document regarding "considering the defaulter with mental health issues", contains some very useful information, along with Financial Ombudsman Service website which, again, sets out good practice for financial companies.

 

Like you, I have a card with Halifax and they are the worst, rude, unsympathetic and despite having no disposable income they have tried to bully me into borrowing to make payments to them - it makes you feel so much worse.

 

I completed and printed off the CCS budget sheet (with the CCS logo) and explained that I have received advice from CCS and gone on to explain my situation along with the fact that I am on medication for my depression. I offered my £1 per month payment as advised and enclosed a cheque, (also set up a DD) and finished off with a final paragraph:

 

I have been a loyal customer and have always kept up repayments until these unfortunate circumstances I now find myself in. So I ask that you please consider reducing or stopping interest or any other charges on my account to help me during my financial and unfortunate health difficulties. (Under the Debt & Mental Health Good Practice, I would be happy to complete Mental Health Evidence Forms for your verification as indicated may be required on Financial Ombudsman Service and MALG websites).

I have to say, they have all been really good except Halifax. The best thing you can do is be honest with them, tell them that you will only deal with them in writing (which gives you breathing space - but do reply), and ensure that you tell them you are suffering with depression - this is important as once you disclose this, they have to work within certain good practice guidelines. Do NOT give them any web log in or reference numbers (if you do the budget planner on CCS, they give you a number so that you can return to your details.

 

Hope this helps! Best wishes

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Hi thanks for your advice, i am in the process of opening a basic bank account with the coop . There is no ppi to be had unfortunately but i have done a budget but cant see anything really to cut back on, all my bills have increased except my wages !!!!!! Whats your personal opinion on a DRO ? thes debts are only a year old and i have only just been able to hang onto my working tax credits since it all changed in april and they will now take an average on my weekly hours ! my main bank is hsbc who i have an overdraft with . any help would be great TIM

 

The total debts you listed in this and previous posts differs. However, either way, if I were in your situation I would definitely go for a DRO. It provides a sharp, clean break and allows you to concentrate on the more impt matter - your mental health. Unfortunately most of the published info from 'expert' organisations tends to treat mental health issues from a medical model perspective. You may find more appropriate support from a local Users' Group (you don't need to be a hospital patient, just have mental health issues to join). But m.h. will not be resolved with the debts still hanging over you. Once you've obtained the DRO, you may find everything else falls into place and the world makes sense again. I'm well aware of the effects of bereavement and other forms of shock on one's ability to cope with harassment from merciless creditors and DCAs, so you have my sympathy. I only wish I fell within the threshold to apply for a DRO. I wish you the best of luck. Pls let us know how you get on.

Oleg

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  • 1 month later...

Hi ,

thanks for your message and i am sorry that i have not replied sooner.

 

I thought i would give you an update and ask for further advice if you are able to help !

 

I have reached an agreement with R B S CREDIT CARD ,

just under £30 a month and they have stopped interest and late charges etc,

 

they say that they will review my situation in 6 months,

 

i originally offered them £10 a month which they rejected.

 

have now returned to work ,although i am still dealing with depression

,but the HALIFAX c/c have again given me a default and passed the whole debt £2300 to debt collector in manchester

and i have been paying them £10 a month for the last 2 months.

 

Can i ask why they would do this ,

does this mean they have no CCA to enforce .

any help or advice you could give would be great .

 

Tim.

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sold it or them just collecting.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi thanks for your reply, i have recieved a letter from a debt collectors called BLAIR, OLIVER and SCOTT

who says that there client has instructed them (HALIFAX) to collect the full outstanding balance £2300 as soon as possible. when i first got behind with payments i sent a budget to the halifax (recorded delivery) and i have proof that they got it , offering £10 a month till i got back to work after being on statuary sick pay for 3 months and they didnt even reply. I recieved a default notice so i rang them and they told me just to pay £10 a month which is what i have kept up with.

what i would like to know if you can help, are the above debt collectors owned by the Halifax or would you say that they have just sold on to these clowns, i have done some digging online but cant seem to get any answers , can they pass this on while i am paying the halifax? or is it just lack of communication in the bank?

any advice or help would be appreciated Tim.

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halifax and bank of scotland

 

 

hbos

 

bos = blair olly snot

 

same lot

 

ignore

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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