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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.

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      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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Richer Sounds general help


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Hi.

 

I've only just joined so I hope I'm doing everything correctly. Please point me in the right direction if I'm not.

 

I bought a Panasonic TV from Richer Sounds on November 25th 2014. The cost of the TV was £1199.00. I also purchased 2 pairs of 3D glasses for a further total of £69.90. I received a free 5 year guarantee on the TV.

 

The TV failed just before Christmas, now about 6 weeks ago. I contacted Richer Sounds and, after saying they could arrange an engineers visit, because of the proximity to the holiday season I agreed to take the TV to a store so that I could get a loan appliance. I have this at the moment and I left a £600 deposit with them for this.

 

I spoke to Richer Sounds yesterday as I had heard nothing and I was told that there was a problem with parts availability and they were discussing with the manufacturer an "alternative resolution."

 

I have not idea what that will be but I also have no idea what my starting point should be. I know that Richer Sounds are a reasonable company to deal with but should I base any negotiations on the features of the TV, the £1199.00 I paid, or some other criterion?

 

The problem, of course, is that the TV I had was a fully featured one when it bought but the value of those features has dropped in the intervening 2 years. I don't want to be greedy but I also don't want to miss out.

 

Your thoughts would be appreciated.

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You say that you know that they are a reasonable company to deal with – but I don't understand why they should want £600 as a deposit on a loan TV.

 

Now they have your old broken TV. They have the warranty. They also have £600 of yours in respect of a loan TV which I imagine is probably an inferior model and maybe even second-hand. I don't see where this is at all reasonable.

 

Next thing, they apparently promise to get back to you and they haven't communicated with you.

 

For my part, I would have alarm bells ringing.

 

You say you have got a free warranty. Can you post up a copy of the warranty in PDF format please so that we can see.

 

If you are simply relying on your statutory rights then you would be entitled either to repair or to a refund of your purchase price less an amount of money to reflect the two years use you have had out of the set. The reduction will be calculated on the total normal life expectancy of the set – say seven years?? You would then take the purchase price £1199 divided by 7 to produce a yearly sum and you would then get five years of that – 5/7.

 

However, the warranty might confer some completely different rights. Your consumer rights of the minimum that you are entitled to. The warranty might offer you something better and we need to see what it says.

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In fact I have just done some calculations on the basis of seven years and it equals about 3 pounds per week that you would be paying for that television if you only had it for seven years.

 

 

This seems to me to be a bit on the steep side – but I don't know what you think or others think.

 

 

I wonder whether eight or nine years might be more reasonable.

 

 

In that case,

your refund in case of a total write-off would be 7/9 or 6/8.

 

 

Anyway, you get the picture I expect. (Or as it happens, you don't – until it is repaired!)

 

Also, you might like to look at this search https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=richer+sounds&sa=Search+CAG#gsc.tab=0&gsc.q=richer%20sounds&gsc.page=1 in order to get some idea of the experiences of other people with this company Richer Sounds. I hope you do better.

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Hi.

 

I've only just joined so I hope I'm doing everything correctly. Please point me in the right direction if I'm not.

 

I bought a Panasonic TV from Richer Sounds on November 25th 2014. The cost of the TV was £1199.00. I also purchased 2 pairs of 3D glasses for a further total of £69.90. I received a free 5 year guarantee on the TV.

 

The TV failed just before Christmas, now about 6 weeks ago. I contacted Richer Sounds and, after saying they could arrange an engineers visit, because of the proximity to the holiday season I agreed to take the TV to a store so that I could get a loan appliance. I have this at the moment and I left a £600 deposit with them for this.

 

I spoke to Richer Sounds yesterday as I had heard nothing and I was told that there was a problem with parts availability and they were discussing with the manufacturer an "alternative resolution."

 

I have not idea what that will be but I also have no idea what my starting point should be. I know that Richer Sounds are a reasonable company to deal with but should I base any negotiations on the features of the TV, the £1199.00 I paid, or some other criterion?

 

The problem, of course, is that the TV I had was a fully featured one when it bought but the value of those features has dropped in the intervening 2 years. I don't want to be greedy but I also don't want to miss out.

 

Your thoughts would be appreciated.

 

Hi,

 

I was obviously sorry to read you’ve been having problems with your television and offer my sincere apologies.

 

So that I may investigate and resolve the matter please could you e-mail me with your contact details via my personal e-mail address which is..

 

[email protected]

 

Once again, I offer my apologies, I look forward to hearing from you soon.

 

Many Thanks

 

Tom

Richer Sounds The UK's best value Hi-Fi, Home Cinema & TV Specialists!

Find your local branch | Mail Order: 0333 900 0093 | Customer Service Team: 0333 900 0094

Twitter: @RicherSounds | Facebook: facebook.com/richersounds

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… And at the same time you can post the conditions of the warranty so that we can have a look and advise you whether you are getting a fair shake from Richer Sounds

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Thank you for your input BankFodder. I used your suggested calculation after Richer sounds suggested that £600.00 might be appropriate.

 

 

I pointed out that the TV should be expected to last a lot longer than 4 years and, after further discussion, they offered £1000.00 which I will be putting towards a new TV.

 

 

Thankyou for you suggestion on working out the value.

 

 

It was most helpful.

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Did you receive your deposit of £600.00 back?

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Just to tidy this up,

 

 

I bought a new Panasonic HDR/4k/3D 58" TV with a 6 year warranty and a Panasonic Blu-Ray/HDR/3D player, with an optional 6 year warranty for the broken TV and an additional £300.00.

 

 

They made it plain that I could have had a TV with the same features as the broken one for no additional charge and, in fact, I would have gained because that would have been a 58" model whereas the broken one was a 55" TV.

 

I received my deposit back with no problems (less the additional £300 I spent) and, all in all, I am pleased with the outcome.

 

I appreciate BankFodders advice because I literally had no idea how to workout what I should have been getting.

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We still need to see the warranty to make sure its fair incase the new one breaks.

 

Congratulations on getting the result you wanted though.

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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