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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
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Hi everyone,

I'm just new to this and have never been able to talk about what I've been struggling with

so want to start by writing it all down and getting it out of my system.

I know it's a long story but support is really all I'm after right now (and any experienced advice!)

 

 

 

. I'm 19 years old, Male, A student and I work part time.

I've previously worked full time and had good paying jobs and didn't have a worry in the world until I turned 18

and had my first "offer" letter from a credit card company.

I applied, and was rejected.

Then I got deep into the internet and discovered what a credit score was so immediately sent away for a copy of my own.

 

To my horror, weeks after my 18th birthday, I had a credit score lower than 250

and 3 defaulted accounts listed under my name at an address I had lived at in my early teens.

 

But I had just turned 18 how could this be?

Exactly my thoughts...

 

The accounts were all in my name

but had a date of birth that had been reversed (1979 instead of 97).

The accounts were active from 2009 to 2012 when I would have been aged 12-15.

 

 

I immediately raised this with Equifax and 2 of the accounts were quickly removed from my file after I provided proof of ID.

However, there was an account from Studio 24 that still had not been removed.

 

 

I contacted Studio (Express Gifts) in July 2015 both by letter and email.

I provided proof of ID and Address and copies of my credit report which showed the defaulted accounts.

 

 

I was passed from pillar to post until March 2016 when they informed the account was now closed

and the notice removed from my credit report.

 

 

All seemed well with the world and I had no need for credit at the time

so chose to push the whole fiasco to the back of my mind

and enjoy my last summer before University.

 

Cut to July 2016 and I receive a letter from Cabot Financial informing me that my debt of £845.87 had been sold to them by Express Gifts. The initial default amount was £120.94. I called Cabot and they rectified the situation in around 2 months, Express Gifts sent me a cheque for £85 as a "goodwill gesture."

 

During the whole ordeal, I also had contact with the police who believed I had been a victim of ID theft

(we moved out of the property in question in 2008).

However, nothing came to light of it and I have since moved away from my home town

and don't believe anything will ever come of it.

 

As a result of this right royal muck up by a business years before I could even get credit,

my score has always remained at the lowest tier

(as far as I am aware, removing default notices will not up your score but will simply change your report).

 

I have never been able to obtain credit and couldn't even get an overdraft facility or a student credit card.

I still can't get the latter but have managed to obtain a £500 overdraft on my student account with RBS

which has been excellent help.

 

On top of this,

I have now fallen into the trap of payday loans

and have probably had in excess of 10 since I moved away from my hometown,

became estranged from my family

(I had a fallout with my parents as I believed my mother was the one who used my information to obtain credit),

and started out myself.

 

 

I now only owe £250 to wageday advance but this is after 1 deferral payment last month.

 

On top of that,

I have an Aqua credit card with a £100 facility that I had for emergencies

- which of course sods law I had to get my washing machine repaired right before payday so used that.

 

My plan is to be debt free by August,

I wan't to have everything paid off and not have a single line of credit

bar my interest free student overdraft and £100 Aqua card which I may shut down

as my score has lowered even more since getting it.

 

I just really wanted to write everything down and see if anyone else has ever been through the same thing as me,

I'm miles away from home and have no one to talk to about it.

 

They told me life'd be hard, but I never thought it would be as bad as this.

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hey great first post and welcome aboard.

 

 

it a really difficult thing ID theft by someone you know.

yes I suspect you are correct.

 

 

best idea is what you are doing

certainly dump the PDL's.

 

 

the other credit wont harm your score.

 

 

what defaults if any do you have

and are these old addresses showing on your file.

lets findout what is pulling it down for you.

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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Welcome to CAG.

 

You will probably find that it is the payday loans that have ruined your credit rating in recent times. I would suggest searching for a local Credit Union and start saving regular amounts each week/month with them. When the time comes that you need a small loan to cover an emergency, the CU will be able to offer a much lower interest rate than even the Aqua card.

 

I started saving £5 per week directly from my pay packet a couple of years ago and can now tap in to loans of up to £10,000 at an APR of 12.7% if needed.

 

The only other advice I can give is to keep your spending under control, try not to life beyond your means, and if you can keep away from the payday lenders, your credit score will improve. It will take time, but if you start now, by the time you get to the stage where you might want a mortgage, your choices will be greatly improved.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

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I now have no defaults showing on my account and keep up to date with payments on my current credit so don't have any.

 

The old addresses are showing up yes,

however I personally think that it should only show addresses from when I was 18 years old.

(I believe this is due to accounts that were opened that did not default

and I personally did not have the time or the patience to get removed

however I have filed disputes with Noddle over these).

 

Payday loans should be gone from my life come next month.

 

My only worry is a charge I got from Aqua for going over my limit by £1 which has resulted in me going back over my limit.

 

These charges all started when I used it at an ATM

and now whenever I pay money into it the charge brings it right back over the limit.

 

To make it worse, for some reason RBS bounced the DD for this month

and I don't have the money to pay this months bill until payday.

 

I'm hoping to clear this in full come payday (25th of this month).

Will this show as a default?

My next payment date to Aqua is 15/07 however I have technically missed 15/06.

 

Will me uploading a copy of my report (with obvious personal information omitted) be of any use?

 

After having a deeper look at this website, my problems seem so trivial compared to what others have had to deal with!

 

Credit Union is the next thing on my list come payday.

 

I applied to one months ago but keep forgetting to go in with my passport to finalise so will be doing this aswell.

 

Yeah, I hope to get the poison that is Payday loans out of my life -

they prey on the desperate!

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if you got hit with an penalty [£12] fee

and that was the cause of the overlimit

and thus you then got the spiral of £12 O/L penalty fees too

and this has been shown on your CRA file

 

 

then, they are reclaimable and are unlawful

so must be removed from your CRA file.

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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As with the others, Welcome to CAG

 

If you need support in dealing with the ID Theft aftermath, please let me know. My story is very similar to yours :)

Id like Can I make a suggestion. Why not go on Clear Score and Noddle. Get your CRA Files online free for life :)

 

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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