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    • 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
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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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SAR template for mortage details, please?


JibTeenuc
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Thanks

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Hi everyone,

 

I'm hoping someone can offer a little help and advice.

 

I wish to serve a SAR on the bank that previously held my mortgages (I had two linked to the same property, due to undergoing a - relatively amicable - divorce and being obliged to buy my spouse's interest in the house - who had no desire for the property...just the cash). :violin:

 

I've lost all of the documentation, pertaining to said mortgages. :oops:

 

I would like copies of the original offer and subsequent agreement along with all terms and conditions (including those if/as and when they may have been amended). Additionally, I want the bank to provide a full list of mortgage repayments made by me and received by them along with details/notes of any and all communications between our parties, howsoever conducted (written, telephone, carrier-pigeon etc.,) as well as any manual notes and/or interventions which may have occurred with regard to my account, throughout the term of the mortgage.

 

Does such a SAR template already exist or is there any member of the forum who may help me to properly draft a suitable Subject Access Request?

 

I'd be extremely grateful for any help/advice/referrals.

 

Many thanks.

 

Jib T :-)

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Just send them a standard SAR...template is in the CAG library.

 

You can amend the template to request the specific items you want if you wish to highlight them.

 

Thanks for that (so quickly, too :-)).

 

My question was probably not very well drafted in that not much written correspondence actually passed between us,

 

I seem to recall (no reason to, I guess, as the agreement was in place and the terms of repayment being adhered to by yours truly)

but, in the few months immediately prior to my paying off the mortgages it appears that I may have been provided with misinformation.

 

This would probably have been in the form of telephone conversations held between us (some of my and some of their initiation).

 

do I need to ask for and itemise everything I want or can I someway ask for everything, by way of communication,

which was exchanged between us (INCLUDING the kitchen sink, where such was the case)

as I don't want to afford them an opportunity to not provide something of import, purely because it was not specifically requested.

 

Thanks again for your advice, which is sincerely appreciated.

 

Jib T

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Ok so you can still take the standard template and amend it.

 

You can bullet point all of the information you specifically want within the SAR for example

 

  • Communications logs including transcripts of all telephone calls
  • Coipies of all statements of account
  • Copies of all and any agreements
     

 

 

You can then end the SAR with a paragraph along the lines of "For the avoidance of doubt, this is not an exhaustive list and I require ALL data you hold on me".

 

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if the phone conversations wre not directly related to arrears

then they might not have them

 

there should certainly be notes in the comms log though

or whatever they call it.

 

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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if the phone conversations wre not directly related to arrears

then they might not have them

 

there should certainly be notes in the comms log though

or whatever they call it.

 

dx

 

Thanks for the info.

 

Calls were not related to arrears, more to seeking advice on a way forward in order to avoid possible future arrears.

 

Hopefully they will show up on the general call logs.

 

Thanks, again.

 

Jib T.

Edited by JibTeenuc
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  • 4 years later...

Hello,

 

 

Any advice gratefully received.

 

 

I have never used an image host (can't even think of the name of a provider), but now I could use one.

 

 

Please can anyone recommend a (free & easy) service, if such a beast exists?

 

 

Oh yeah...... I'd like it to be able to handle both jpg AND pdf formatted data, if possible.

 

 

 

Thanks:-)

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Why to post stuff here?

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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google drive, photobucket

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Photobucket can be hacked!

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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Photobucket can be hacked!

 

 

The reason I ask is that I was hoping someone could take a look at the wording of my proposed SAR - especially as I have already made more than one error whilst trying to seek PPI redress, on behalf of a friend, purely through my own ignorance.

 

 

I just don't want my weapon to go off until it is fully locked and loaded......... (again)!!

 

 

On the SAR advice page, it is stated:

 

 

"PLEASE NOTE - template letters from our librarylink3.gif should not be reproduced on the open forums. If you would like to let people know the wording of your letters simply link to the Letter in question."

 

 

As a result, I concluded that this means "link" to a copy of the document hosted on-line, somewhere.

 

 

If, as I am now beginning to suspect, I have misinterpreted what is stated, I would be really grateful if someone would be kind enough to advise me.

 

 

I certainly do not wish to inadvertently compromise either CAG's security or my own, through inviting the attentions of a hacker.

 

 

Thanks in advance to anyone who might be able to assist me.

 

 

Jib :-)

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We dont need to see our own templates

We know what they say

 

Read upload

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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no you cant

we do not want things done outside of the open forum

cant see why you have an issue mind..

 

10'000's have posted their PPI stuff here

we don't need to see our own template anyway...

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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Thank you.

 

I don't "have an issue" (that I am aware of, leastways).

 

As stated earlier, I simply thought someone could check MY particular SAR drafted upon the very helpful guide provided but customised for purpose (as we are recommended to do, within the SAR sub-section of the Forum.

 

It is of no matter, however, as you have clearly made it aware you have no interest in affording your greater experience in these matters, in checking the document, as I had hoped might have been the case. Accordingly, the SAR has been sent, already.

 

Nonetheless, I am very grateful for the help and advice you have thus far extended. It has proven to be both extremely valuable and initially welcoming, which is sincerely appreciated.

 

Thanks again for the great advice you have kindly shared with me on both my and my friend's behalf and I hope you may be inclined to continue to do so, if and when I am unsure of what to do for the best.

 

As I have said, at an earlier stage and elsewhere, "I am learning".

 

Hopefully this will result in me being less of a nuisance to you and the Forum in general, in the future.

 

Best regards.

 

 

Jib:-)

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the wording of the SAR doesnt need to be so precise now the new rules have come in for the GDPR. Many organisations have made it easier for people to contact them by providing their own templates on their web sites.

 

 

Thank you, that's comforting to learn.:-D

 

 

Anyway, the SAR has gone off now.

 

 

Simply a matter of how to interpret what (if anything) they send us, as a result.

 

 

But at least the first step has been taken. :-)

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