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    • 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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      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.

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      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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TSB Credit cards want access to my medical records


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I got behind with my TSB credit card payments because I have been off work due to illness.

 

 

I sent TSB a valid sick certificate signed by my doctor.

 

 

They have now sent me a large form which not only has to be filled out by a doctor

but if I sign it will give them access to my medical records.

 

 

I told them that they have a medical certificate and they are insisting I sign the form or face legal action.

 

 

Can they do this?

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No, they cant force you to supply proof of medical.

 

 

But by supplying proof of medical, it may stave off legal action.

 

 

They don't want access to your full history,

they just want to know that your current situation is something that will improve.

 

 

A sick certificate may not provide enough proof to satisfy them.

 

 

Obviously, like mm says, they cant force you too,

 

 

but that may just mean they start legal proceedings quicker.

 

 

Up to you.

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TSB start legal proceedings..pigs might fly too

 

 

they'll sell the debt on.

 

 

tel us the full history of the card.

 

 

have you all the statements?

 

 

got PPI or PENALTY [£12 fees] charged

 

 

have they trashed your credit rating.

 

 

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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Just my 2p worth.

 

I've been on this site for 9 years and site staff for a few years.

 

I have been of sick with a slipped disk for 10 months and had the following

 

1) Capital One

2) Aqua

3) Barclaycard

4) Argos card

 

The very first thing that I choose to do when I knew I was going to be off sick was send a copy of the consultants report to every company. NO that don't have any right to se it, but it's their money and I owed it.

 

EVERY single company reduced my minimum payment to £10 (thats's what I asked for) a month and stopped ALL interest.

 

So you can either be a pratt and stamp your feet and tell them they have no rights whatsoever, or sometimes, give them a chance. I know what I would (DID) do.

 

Offer what you can afford and sent them the proof you are in trouble.

 

Jogs

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Exactly, while we all hate the banks, sometimes working with them can produce the desired result. Sticking two fingers up at them will just make them take legal or sell it on.

 

I agree more info though. There may be charges to recoup and pay off some of the debt. But again, while that can be done, don't be surprised if they quickly take legal action after that or sell it on quicker.

DX, I would ask that you show the pictures of the flying pigs. I have seen warrants where TSB are the claimants and not just in name, but as a client too. I can assure you that they do take legal action when they want. If they don't want to, then they will sell it on.

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There is nothing wrong in giving them a redacted version either. But only a Judge can demand to see it and the they make the decision whether or not it is relevant.

 

 

Medical records are privileged and the debtor can chose not to supply full or even restricted access. If the DWP accept a note from the Dr's then the banks surely can as well. This is just plain wrong, in as much as why do they need to know the full story, let me explain.

 

 

An employer will accept the sick note to pay you SSP, the DWP will accept the note for benefits, PPI will normally except it for the payment of monies due under the insurance agreement, but no where will it state the debtor must give full disclosure.

 

 

The same goes for EA's they cannot demand access to your medical records either, a covering letter from the GP is all that is needed, stating what the illness is and if it is likely to be ongoing.

 

 

Furthermore even a Court of law will accept a Dr's note. Please be aware I am just pointing out the obvious here nothing more....

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Banks are not entitled to any confidential medical info, but some basic info which you agree can be released can be helpful. It depends on the nature of the medical condition and the purpose it serves. A Bank should not be retaining or sharing any medical information. It is purely for confirmation of the current health in relation to ability to handle finances.

 

It is quite possible for example that someone suffering from mental health conditions may be considered incapable of making financial decisions and they could face having their credit account frozen, so no further spending is allowed.

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Exactly, someone off work for mental illness and signed off by a doc, even with a covering letter from their doc doesn't mean that an ea cant enforce, not does it mean that a bank cant still collect. We would ask for proof it affects their ability to manage their daily life and finances or enforcement/collection by the bank etc can continue.

Refuse to give info if you want, but just a sick note most likely wont help you.

Dwp wont enquire further as they don't care whether you can pay a debt or not, they only look at if you can work, and if a doc signs you off, then your off, end of.

Your comments mm blur the lines and pull different sectors under one umbrella which doesn't make sense and nor does it help the op.

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