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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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Credit unions - an alternative to bank and PDL lending


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Credit unions have been around in the UK since the late 1970s and are a form of co-operative and self help organisation. They were set up to offer low-cost loans of smaller amounts for people who couldn’t get affordable credit, or who were using doorstep lenders.

 

Sadly, they are an underused resource, but they are a realistic alternative to payday loanslink3.gif [PDLs] and loansharks. As they are not profit-making, their rates are much lower than other high street lenders or PDL companies.

 

There are 400 to 500 credit unions in the UK with almost a million members. As well as low-cost loans for smaller amounts, some now offer current accounts, savings and mortgages.

 

Who can they help?

 

Whilst the main aim of credit unions was to provide affordable loans to people who can’t get help from the banks, nowadays they also appeal to people who want to bank with an ethical organisation and benefit their local community.

 

And because their rates are attractive, credit unions are becoming a popular form of affordable borrowing.

Any member of a union can apply for a loan.

 

How do I find a local credit union?

 

The ABCUL website has a search facility to find a local credit union. Once you find one near you, you will still need to check the rules to make sure you are eligible to be a member.

 

http://www.findyourcreditunion.c o.uk/home

 

There is also a helpline on 0161 832 3694..

And your local librarylink3.gif or CAB may be able to help.

Who can join?

 

Each union will have its own rules, but generally you will need to live or work locally, or belong to the same employer or organisation as other members. For example, the NHS participates, along with some transport companies, trade unions, churches and other organisations.

 

From 2012, organisations as well as individuals are allowed to be members of credit unions.

 

What is the least I can save?

 

Credit unions will let you save as little or as much as you can afford when you have money to spare, weekly, monthly or more frequently.

 

You can make deposits at your local credit union branch or local collection points like shops, or have money deducted from your wages or by direct debitlink3.gif from a bank account.

 

When you save, you know you will be helping neighbours or colleagues, rather than helping to make money for shareholders. And at the end of the year, your credit union aims to pay out a dividend on your savings, depending on how well the union has done. According to ABCUL, this can be up to 8% of what you’ve saved.

 

Many credit unions include Life Assurancelink3.gif at no extra cost.

 

How do I get an affordable loan and how much can I borrow?

 

Loans are usually available up to around £3000. To borrow, you need to be a member of the credit union. They will take into account your circumstances and make sure you can afford the repayments.

 

Life assurance should be built into the loan at no extra cost, so if someone dies owing money, it’s paid off by the insurance.

 

What will it cost?

 

This calculator helps you work out how much it might cost to repay a loan, although you would need to check with your local union. The most a credit union is allowed to charge is 26.8% interestlink3.gif, compared with 4000% for some payday loans!

 

http://www.abcul.org/credit-unions/b...a-credit-union

 

Can I pay the loan off early?

 

Yes, there is no charge for this.

 

If I invest, can I lose my money?

 

Your money is protected in the same way as other savings, by the FSCS [Financial Services Compensation Scheme].

 

http://www.fscs.org.uk/

 

Credit unions are regulated by the Prudential Regulation Authority and the Financial Conduct Authority [FCA].

 

Where do I find out more?

 

For other information, here is a link to the ABCUL website. Or contact your local credit union.

 

http://www.abcul.org/home

Illegitimi non carborundum

 

 

 

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CAGlink31.gif member Dodgeball has kindly agreed to let me post what he has written about credit unions from the point of view of a volunteer.

 

"Many of the smaller credit unions are being combined these days, six of the small CUs (membership less than 5000) have recently combined to form a larger more efficient unit, in my local area

 

But there is a cost to this, many argue that the strength of the CU lies in its approachability, people used to come in for a chat and a cup of tea whilst making there weekly investment / payment, you would be able to help if some problem was looming for them, a bit like an extended family, severe arrears were rarely a problem because everyone new everyone else, this is all changing now.

 

CU's at there best are far more than just a bank, they can be provide an holistic service to the member and his finances, encouraging not only better financial management but also involvement in the community.

 

Like most volunteers I spent some time chasing arrears and I have to say that debt collecting for a CU is a completely different experience to what you would expect, and explains perhaps what I mean by holistic. In many cases you would come away from the member after giving additional finance, the only way of getting them back on track was to lend them enough to pay some other higher interestlink3.gif loan, can you see a bank doing that.

 

In Ireland CUs have been more like mainstream banks for some time, and issue mortgages, the largest CUs in this country used to be the Police force, I believe.

Illegitimi non carborundum

 

 

 

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I've been a member of my local Credit Union for over 10 years, they have helped me out a number of times when things are hard.

I can borrow £500 from my Credit Union over a one year period, paying £12.50 per week.

£10.48 going towards the loan and £1.66 towards savings.

 

(The above is based on having savings of £250 in my Credit Union Account, thereafter, once a good payment record has been established, I can borrow up to 4 times the amount I have in my savings account)

 

Total interest for the loan = £63.50

 

Total Interest for a similar Provident Loan over the same one year period would cost £410 in Interest.

 

Like the majority of Credit Unions you have to be a member and have saved for a minimum of 3 months.

 

Most Credit Unions are (not for profit) organisations, run to serve the local community and help them avoid high interest rate lenders who prey on those who can least afford it.

 

Credit Unions also provide free life cover so you can rest assured your family will not be burdened if anything happened to you, as your loan will be cleared and shares doubled and paid to your estate.

 

Here are some examples regarding Pay Day Lenders.

(sourced from the internet on 15th February 2013)

 

Payday UK

 

Borrow £200 and pay back in 30 days - interest charged £50

The same loan with a Credit Union would cost £3.94 in Interest

 

WONGA

 

Borrow £200 and pay back in 15 days - interest charged £29.59

The same loan with a Credit Union would cost £1.97 in Interest

 

Quick Quid

 

Borrow £200 and pay back in 30 days - interest charged £50

The same loan with a Credit Union would cost £3.94 in Interest

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...

 

From this August, Glasgow City Council will deposit £10 in a community credit union account for every new secondary school student - up to 6,000 young people every year.

 

Over time, this will ensure that every young person in the city has access to a dependable, responsible option for savings and money advice.

 

Read more: http://www.glasgow.gov.uk/index.aspx?articleid=10084

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The Archbishop of Canterbury has vowed to put payday lenderslink3.gif out of business by using the Church to build up Britain’s network of credit unions.

 

The Most Rev Justin Welby has told Errol Damelin, the founder and chief executive of Wonga, about his ambition to make the controversial lenders redundantlink3.gif – by helping the 500 financial co-operatives, which already provide small loans to their members, play a much bigger role in helping people with money problems.

 

The Church of England has already set up a credit union for its own staff, which will advise the other co-ops on how to expand their reach.

 

 

http://www.independent.co.uk/news/uk...y-8730839.html

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