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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.
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      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.

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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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Financial Ombudsman - a recommendation


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The Financial Ombudsman is apparently so concerned about the level of complaints re bank charges and also the lack of public confidence in his office that maybe it is about time that he was made aware of the true scale of the problem.

 

I would recommend that everyone writes their own letter to the Financial Ombudsman to inform him

  • that they are bringing a bank charges claim against their bank

  • that they are not going through the Office of the Financial Ombudsman as they have no confidence in him.

  • that although he is concerned because he is receiving 150 complaints per week, The Consumer Action Group is receiving 4,000 complaints per week. In which of our two organisations does he believe the greater public confidence reposes?

This will only need a short note. It doesn't need to be expressed well or cleverly. Just send the note.

 

I think that it will help to make a difference

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Here's the address:-

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

 

or email them at:-

 

[email protected]

 

or

 

[email protected]

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E-mail sent, 151 this week now!!!

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Done

NatWest Charges: £3708.81. Allocated to fast track 14/10/06. *SETTLED IN FULL* 23/10/06 5% donation made

 

HSBC Default Removal and £186 charges: N1 claim issued 28/11/06 *WON* 28/02/07 5% donation made

 

Egg Charges: £370. N1 claim issued 24/11/06. *SETTLED IN FULL* 12/01/07 5% donation made

 

Natwest Student: £150. N1 claim issued 24/11/06. *SETTLED IN FULL* 10/12/06 5% donation made

Natwest Credit card: £317.01 INCLUDING CONTRACTUAL INTEREST, *WON* 30/11/06 5% Donation Made

 

Ikano Data Protection Act deception and non-complience: N1 claim issued 28/11/06. *SETTLED IN FULL* 12/12/06 5% donation made

I am not a lawyer. All advice is merely my own opinion. Nevertheless, I've won £4675 so far!

Tip my scales if you like my advice :)

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Do they reply?

 

Am I entitled to complain about the bank taking every penny that goes into my account, (child benefit and child tax credit), and that I have tried and tried to get them to reduce charges/understand I can't work as I am 8 months pregnant with twins... and that I can't feed my child as they are taking all my money?

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I would ask here, there is something you can do, but I can't find it.

Citizens Advice corporate website - Home

 

Thanks

 

I've emailed them anyway!

 

My baby is well fed and happy, my husband works full time... but the child tax credit we get and the child benefit... goes into my account and we don't see a penny of it!!!

 

For all they care, after the conversations I have had with them about bank charges... we could be starving! Their answer? Get another loan madam...

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Me to and one to the OFT.

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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Got a reply to mine inviting a formal complaint. Replied to that saying I declined to do so at this point, but thanks for acknowledgement & invite.

 

That's apoint, Beserker, maybe we should all fire one off to the OFT at the same time - it's only a couple extra keystrokes after all.

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Stick me down!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Sent mine off just now.

Cahoot

Prelim sent 2nd Aug 2006 - usual "if your not happy then sod off" reply.

LBA sent 25th Aug 2006 - another "if your not happy then sod off" and an offer to refund £130, accepted as partial settlement, used to pay for MCOL

MCOL filed on 15th Sept 2006.

Acknoledged 26th Sept 2006

Defended 12th Oct 2006 in a letter to me but not to the courts

Started judgement by default on 30th Oct 2006

Barclaycard

Citibank

Halifax sent S.A.R - (Subject Access Request) on 09/10/06 nothing back yet

Capital one

etc..........watch out here I come.

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You're right - this is something I haven't done since Easter, so a second letter of complaint will be winging it's way shortly...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Another one sent!!!!

:p Sent Data Protection Act to halifax, NatWest and woolwich on 07/08/06

received Data Protection Act frm halifax 29/08/06 charged. Sent request letter to halifax 30/08/2006

recieved gesture of £84 claiming £340 on 28/09/06

sent letter before action on 29/09/06

sent moneyclaim form , issued on 27/10/06

**WON RECIEVED SETTLEMENT LETTER 15/11/06

recieved Data Protection Act from Woolwich 31/08/2006, no charge sent request letter to woolwich 04/09/2006sent LBA on 26/10/06 have till 10/11/06 moneyclaim filed 16/11/06

NatWest 40 days is 18/09/06 . Sent request letter 31/10. Sent LBA letter 15/11/06 till 29/11

**WON RECEIVED FULL SETTLEMENT***

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i think the Ombudsman is beginning to take serious notice - have a read of the ombudsman monthly newsletter and article in thisismoney.com and issue 57 - October/November 2006

 

James Coney, Daily Mail

8 November 2006

Reader comments (1)

 

Complaints about 'rip-off' bank overdraft charges have hit record levels, figures show. pixel.gif

bankstressphone_100x110.jpg STRESS: Complaining to your bank can be a frustrating experienceThe number of people complaining to the Financial Ombudsman Service soared from 60 a week in May to more than 150 a week in October.

 

In some cases, customers have run up hundreds of pounds in charges after going just a few pence overdrawn.

With complaints expected to hit 10,000 this year, the chief ombudsman has warned banks to start acting fairly when handling claims for compensation.

He accuses banks of giving customers the run-around by paying back the charges only to those who are prepared to go to court or make a complaint to the ombudsman. And he threatened to make a legal ruling that will force banks to pay back all charges.

Instead, he wants banks to accept that their charges are unfair and refund them when customers complain, rather than resorting to delaying tactics and bargaining over how much they should refund.

Banks will charge customers as much as £39 for going beyond their overdraft without permission, and slap on a further charge of around £25 for every direct debit or transaction that is then bounced or allowed to go through.

On top of this, the banks will charge an interest rate of close to 30pc on unauthorised overdrafts. The charges can often send the customer overdrawn again, plunging them into a spiral of debt.

These charges are feeding record profits of a combined £34bn at the big five banks - Barclays, HSBC, Lloyds TSB, RBS-NatWest and HBOS.

Many, including the Office of Fair Trading which has launched an investigation, believe that these charges are illegal because they amount to an unfair penalty rather than being a true reflection of the cost to a bank when a customer overspends.

The OFT is expected to make an initial decision early next year. In October it demanded that banks impose a £12 cap on charges for customers who go over their credit card limit or make a late payment.

In the past six months, thousands of customers have demanded that the banks reimburse charges - banks initially reject such claims. But if the customer complains again, many banks will offer to pay back a proportion of the charges.

Only if the customer then goes to court or registers a complaint with the ombudsman will the charges be reimbursed in full. But the banks always back down before a court or ombudsman ruling can be made, to prevent any sort of precedent being set.

Chief ombudsman Walter Merricks believes that if banks reimburse those customers who are prepared to complain several times, then they should have to pay back money to everyone who makes a claim.

He says: 'This sort of horseplay is bad. It seems inequitable that you will pay back money to some consumers just because they are prepared to be persistent.'

 

Merricks warns that if banks failed to pay back consumers, or if the OFT investigation was lengthy, then he would be forced to weigh in with a ruling that could force banks to reimburse customers.

Money Mail and This is Money's Fair Play On Charges campaign has helped thousands of readers claw back charges since May. The campaign has revealed other dirty tricks that banks use, including closing the accounts of customers who win back charges, and putting black marks on their credit records.

Marc Gander, a campaigner from the Consumer Action Group which gives advice to bank customers wanting to reclaim their charges, says: 'These charges are a rip-off. Banks have perfected the art of giving their customers the run-around.

'Complaining about your bank can be a very stressful and daunting process, so they weed out the faint-hearted. This means that many people drop out before they claim back all their money and results in the bank saving money.' A spokesman for the British Bankers' Association says: 'We are involved in a dialogue with the OFT at the moment, and we take on board the concerns with the ombudsman and will be discussing these with him. Our members believe that their charges are transparent, fair and legal.'

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Guest Battleaxe

Mooreda,

 

The first article just goes to show how mr merrick does not want to take this issue up. he wants a quiet life and let us slug it out with the banks to keep his workload light.

 

Notice how he refers to the FSA and OFT....think it says all there is about the Finanacial Ombudsman and the concern he has for the unwashed plebs of the world.

 

it will be us, the unwashed who lead this revolution in the finanacial industry.

 

It wont be the mealy mouthed politcians, or the heads of Quangos, or whatever Office..it will be the likes of Martin Lewis, BankFodder and Dave, who helped the rest of us get back what is rightfully ours and if the regulations are changed, it will be these three people we owe out thanks and our sanity.

 

Mr Merrick should hang his head in shame. No wonder the finanacial institutions cock a snoot at his office, they know he will only rapped them over the wrist with a wet bus ticket.

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