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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • 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.  
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Redwood/harwoods - school fees. Claimforn received - *** Settled by Tomlin Order* **


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Hi,

 

Received a call from unknown number just before Christmas asking me to ring a number to discuss a matter - I didn't.

 

Today have received a letter from Redwood Collections whose number it turns out was the one I was requested to ring.

 

Letter is below, and is all they have sent to me,

but my request for assistance from CAG (legends!)is what should be my first step with dealing with them,

 

who I have never heard of or dealt with,

as yes I dispute the whole debt for myriad reasons,

 

but I want to be seen to be doing the right thing by replying to them

- without listing all the reasons for disputing it at this point.

 

I am not ringing them it will be a letter but what should I actually say in it - preferably to kill it stone dead asap!

 

thanks for assistance

 

According to the public record you are registered at this address.

 

As we are unaware of any dispute in this matter,

it is our intention to instruct a process server to attend your address

for the purpose of serving you with a Statutory Demand issued

under the Insolvency Act 1986 (Bankruptcy).

 

Should you consider you have valid grounds for non-payment,

we invite you to contact us immediately to discuss the same within seven days from the date of this letter.

 

Should you fail to contact us and subsequently raise a dispute following the service of a Statutory Demand,

acopy of this letter will be produced to demonstrate to the court that every effort has been made to resolve this matter amicably.

 

Please be aware that should you become bankrupt any assets that you may have will be at risk.

 

This may include the sale of your house by the Trustee in bankruptcy to settle this matter where appropriate.

 

Yours sincerely,

 

Enforcement Department

 

Our company has the sole control of your account.

 

Payment must be sent to this office.

 

DO NOT PAY A DOORSTEP COLLECTOR,

without first gaining our authority.

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Normally Id ignore. But for purposes, Id ring them and get information. A phone call is much quicker than anything else.

Make sure you withhold your number so you still have some privacy at least...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Thanks, want in writing what they actually have, if anything, and phone calls do seem to at times to have things said

but 'conveniently' forgotten down line!

 

So want to respond as per their letter in timeframe but not accept/acknowledge the alleged debt

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Thats fine.

.. The idea of the phone call is for you to get the information

, not for them to "conveniently forget".

 

Only reason i said ring them is because of their demand to issue a Stat Demand...

 

I know redwood from another couple of forums and they are a pain..

. They literally just send a notice they have the account

then a few days later just send a process server round...

 

Send a prove it letter from the library if you can access it...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Sorry didn't mean to say wasn't a good idea ringing,

 

 

but thought it would make sense to get in writing their version of events.

 

 

I do like the prove it letter idea and have just looked at the library - nice!

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How much is this alleged debt for?

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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Then my first thought would be that for a low life DCA to buy this debt and for the OC to sell it on without taking court action themselves,

then theres something seriously not right.

 

 

I would hesitate from ringing them though.

 

 

I would send them a prove it letter.

 

 

If they ignore it and try to get a stat dec filed,

 

 

they would be very stupid indeed.

 

Remember, theyve only phoned once in a phishing attempt, and are now trying to scare you.

 

 

Even though they havent even confirmed you are there.

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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It wouldnt look good for a DCA trying to BR you though. They havent even attempted to tell you what the debt is for. And they are saying there arent aware of any reason for non payment? Silly muppets.

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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DCA's will try every trick in the book to get you to give them money. Remember, they buy debts in bulk, and maybe pay 10% of the face value for it. If that.

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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That is a nasty letter and clearly you are dealing with a lowlife DCA. They need a robust response.

 

I would send a prove it letter and strictly stay off the phone. The sharper and more "to the point" the better.

 

Prepare for a SD, beginning now. SAR the original creditor for the info you will need to defend it.

 

You didn't say what sort of debt this is. Please let us know that, so we can better advise you after they respond to your letter.

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Had a sort through various letters received over Christmas period and have found one from C W Harwood (solicitors)

dated 22nd December (nice) which now I've read

 

 

it says that their agents for this debt,

which is apparently unpaid school fees, is Redwood.

 

 

It goes on to say that if Redwood don't hear from me they will issue County Court proceedings

and they will then seek court fees and solicitors costs and interest at 8% per annum.

 

 

Also says if the court awards a judgement against me then it may adversely affect my credit rating.

 

So if the solicitor is saying County Court

 

 

how come Redwood are screaming SD and Bankruptcy?

 

 

That really doesn't seem right does it?

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redwoods and Harwoods are a bunch of fleecers that send scary letters - end of.

 

read the letter CAREFULLY

 

nowhere does it say WILL.?

 

if the school fees are 'owed'

 

then its for the school to issues an SD or CCJ

or 'through' someone. like harwoods

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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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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ok good

what is the issue wit the school and the fees then?

 

 

might be better to deal directly with them?

 

 

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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When financial crash we were on our a**es,

 

 

had to take kids out of the school,

 

 

unpaid fees were the result and that was some time ago.

 

 

We had various issues with the school but heard nothing else after they said they would pass the paperwork to Veale Wasbrough our debt recovery solicitors.

 

 

That was circa 4 years ago and nothing until letter from C W Harwood pre Christmas

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When financial crash we were on our a**es,

 

 

had to take kids out of the school,

 

 

unpaid fees were the result and that was some time ago.

 

 

We had various issues with the school but heard nothing else after they said they would pass the paperwork to Veale Wasbrough our debt recovery solicitors.

 

 

That was circa 4 years ago and nothing until letter from C W Harwood pre Christmas

 

When did you actually default on payment to the school ? Is the debt coming up to being statute barred ?

 

Have the school actually sold the debt ? Any notice of assignment received ?

 

Any reasons to complain to the school ?

 

Are the school fees being asked for correct ? Have you ever received a detailed invoice for the school fees that are owed ?

 

What are the terms of the contract you signed with the school ? Did you have to pay them the whole of the term or year, if your child was taken out of the school ?

 

Suggest that you don't make any contact with anyone chasing this debt until you are absolutely sure what you are doing.

 

If this debt is not statute barred, the amount is correct and there are no reasons to dispute the debt, it might just be a case of coming to some payment arrangement with whoever owns the debt. This will be based on what you can reasonably afford. If you entered into such an arrangement, it should stop any CCJ or bankuptcy.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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When - I am trying to go through records and find out, which will also determine if statute barred or not, fingers crossed yes!

School sold debt - don't know, or know how to find out if they have. No notice of assignment received.

 

 

Complaints to school - yes but these were shelved as all was quiet

 

 

Amount of fees 'owed' correct - no definitely not and never received a detailed invoice

 

 

Terms were a Term in advance, and generally if child taken out of school they kept payment received.

 

 

So if I don't reply to the Redwoods letter and they do go to SD what options would I then have for course of action?

 

 

I also need to find out dates re statute barred - and also precise definition of when the six years starts

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When - I am trying to go through records and find out, which will also determine if statute barred or not, fingers crossed yes!

School sold debt - don't know, or know how to find out if they have. No notice of assignment received.

 

 

Complaints to school - yes but these were shelved as all was quiet

 

 

Amount of fees 'owed' correct - no definitely not and never received a detailed invoice

 

 

Terms were a Term in advance, and generally if child taken out of school they kept payment received.

 

 

So if I don't reply to the Redwoods letter and they do go to SD what options would I then have for course of action?

 

 

I also need to find out dates re statute barred - and also precise definition of when the six years starts

 

You need to know when you went into default on this debt, as that will dictate your approach to this.

 

If not statute barred, if you have no evidence that the school does not own the debt, it is in your interest to start an official complaint with the school. With an ongoing complaint which you can evidence, you can show this to a court that there is an ongoing dispute and they might not want to get involved, as there is no resolution yet to the dispute. *** Important*** Register the complaint with the school before any statutory demand is likely to be served on you. This will be in your favour.

 

Why has the school not sent you a detailed invoice. Again another reason you can use, as to why the court should not be involved, when the school failed to provide a full invoice.

 

Study the terms of your contract with the school about payment in regard to statute barring. Also what rules the school had at the time. What was the schools policy. i.e would they have removed a child from the school when payment had not be made say 1 month after the due date.

 

Even if you receive the SD, you can enter into a dispute and make some token payment based on affordability. You would still need to apply for a set aside of the SD, as if you don't then they can use the SD to petition for your bankruptcy later on.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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