Jump to content


  • Tweets

  • Posts

    • 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.    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. 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. 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) 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. 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. 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. 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.   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.  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. 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.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
  • Recommended Topics

  • 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
        • Like

RR vs RBS


RogerR
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6388 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Well the ball is now rolling. I sent in my S.A.R - (Subject Access Request) letter on Oct 1st and recieved a reply from Joyce E Tudor, Retail Regulatory Risk (Business House B, PO Box 1000 Edinburgh EH12 1HQ) on Oct 9th.

 

Although I did send a cheque for £10.00 pounds and refer to it in my letter, she told me "If you would like a copy of your bank statements, I will be happy to arrange this and they will be sent out directly. The fee for this is £5.00. I would be grateful if you could send a cheque...blah, blah, blah..."

 

Their time is running out.....

 

 

Roger

Link to post
Share on other sites

Hi

 

I am just about to send my letter off to RBS... can i ask what address you sent it to... the registered address (if so what department did you send it to) or the address in the other contacts?

 

Many thanks

 

LH

----------------------------------------------------------------------------------------------------

Barclays - S.A.R - (Subject Access Request) sent 18th October

 

 

RBS - £1543.40

S.A.R - (Subject Access Request) sent 18th October

Statements received 2nd November

Prelim sent 3rd November

LBA sent 21st November

Link to post
Share on other sites

Hi LH,

 

I sent my letter to The Royal Bank of Scotland, 36 St Andrew Square, Edinburgh, Midlothian, EH2 2YB. This seems to be their main registered address, but I'm not really sure if it is right. I also copied the letter to my local branch. The address I got a reply from is listed in my first post, the Retail Regulatory Risk dept.

 

Hope this helps,

 

Roger

Link to post
Share on other sites

The head office is St Andrews Square but the Retail Regulatory Risk department is that first address, I think they're based out that their new complex out near the airport.

Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Link to post
Share on other sites

Rog...you and I are at exactly the same stage and with the same people, it will be interesting to keep tabs and see how things progress. How much are you going after them for?

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

Link to post
Share on other sites

Weej

I a

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

Link to post
Share on other sites

I am at the same stage as you, I just sent my prelim today, I sent one to Regulatory Risk in Edinburgh and copied one to my branch. I also copied Litigation in London as someone suggested to do this also.

Will be keeping an eye on yours too!

Where did you send your prelim letter to?

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

Link to post
Share on other sites

Hi Everyone,

 

Thanks for all your replies. It will be interesting to compare notes on how things are developing. The first letter I sent was the SAR and I sent it to the St Andrews Square address. I have now written back to Retail Regulatory Risk pointing out that I did include a cheque to cover the fee. In fact they now owe me £5.00! So I am still waiting for my statements.

 

I intend to wait until roughly a month has passed since my initial letter and then send them a reminder of how much time they have to comply with my request.

 

Do keep me up to date with your claims.

 

Good luck!!!

Rog

Link to post
Share on other sites

A similar thing happened to me with me regarding fees; I sent a cheque for £5, they debited £5 from my account, they credited £5 to my account and finally cashed the cheque. If you haven't heard anything after a week or so you can always give them a phone and see if it's being processed. After the inital confusion when the branch lost my request and it finally got to the right department, I got my statements fairly quickly and they were quite helpful when I phoned them to make sure it was in hand.

Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Link to post
Share on other sites

I just phoned my branch and asked for copy statements for both my account and gave the dates over the last 6 years that I did not have copies of. I was informed the charge would be £5 per account regardless of the pages, totalling £10! When I checked my internet banking, they had taken £10 from my own account and £25 from my joint account! I don't think so!!!!

I phoned the branch and they refunded me £25!

I received the statements within seven days.

Hope this helps.

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

Link to post
Share on other sites

Hi,

 

The lastest for me is that the bank has now charged my account £5.00 to send me the statements (I have now cancelled the orginal cheque I sent). So I am waiting for the statments to start my reckoning. Just looking through my account from Sept 1st they have made charges of £540!

 

I also wrote to my bank to ask for justification of their charges, but as yet no reply.

 

Rog

Link to post
Share on other sites

Well the bank called me this morning to say that the £10.00 charge is indeed correct under Data Protection laws, and they will be cashing the cheque. However, they will also refund the £5.00 charge which was actually for a 'historic statement' request. Talk about the right hand not knowing...!

 

 

R

Link to post
Share on other sites

My charges all came up a 'historic statement charge' and the best of it was they tried to charge me £35!!!! I was informed it was £5 per account and I have 2 accounts with them, soon sorted that one out and £25 was refunded, the bloody cheek!

They must know if we want copy statements, we are going to use them to claim charges back, why add more on than necessary! Hmph!!!

Good luck RogerR, keep us updated.

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

Link to post
Share on other sites

Hi Alison,

 

Yes they really try it on!!! They did at least refund my £5.00 charge, but haven't yet cashed the £10.00 cheque. In any case I did receive 5 packs of statements yesterday, so it took them 20 days to deal with it and send them out.

 

I had fun going through them, and calculated that they owe me £1740. I just need to check them again and then it's time to send in my claim. As you say, I'm sure they already know what I'm up to!

 

I'll keep this thread up dated. Any news on your claim?

 

Roger

Link to post
Share on other sites

Still no word back from the infamous Mr McLean regarding the LBA I emailed him on Thursday!!! He would have received it Friday but it gives him 14 days to reply!!!

Watch this space!!!

Good luck with yours, keep me posted.

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

Link to post
Share on other sites

Received an acknowledgment of my email from Ross McDonald (Tommy happens to be on holiday until 30/10, must need it after all these emails and letters!!!!

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

Link to post
Share on other sites

I'm about to send off my claim. In the meantime the bank are still making chrages, £35 for card missuse as I overdrew by £28!. They now refuse to discuss charges with me and said this is because I have made a claim. So I had to point out that I haven't actually made a claim, just requested statments. However, they told me that the wording of the letter (SAR) under the data protection act now means that they are treating it as a claim. I write this just to warn everyone that as soon mas you send off the SAR letter, the bank are fully aware of what you are doing and their attitude to you changes considerably.

Link to post
Share on other sites

You can add all the extra charges in your LBA, I am sure, also you can calim any additional charges if it goes to legal stage, I would send them an 'amended' statement of charges with your LBA.

Good luck

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...