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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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      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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      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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Harwood/Redwood CCJ/CO - £18k unpaid school fees


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I am being taken to court for a debt of £4000. Last week on Friday I received an N260 form from the claimant's solicitor. The costs for taking me to court are £3200.

 

How can I argue in court that these costs are too much? If I couldnt pay a debt of £4000 how will I be able to pay one of £6200?

 

My understanding is that costs for the small claims track must be proportionate. Can I argue that the claimant should have mitigated against the costs afterall he chose to instruct a law firm etc

 

Help!!

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  • 7 years later...

I have a charging order for an unpaid invoice.

 

I have a hearing for an order for sale tomorrow. It is not with the mortgage lender.

 

1. There is no equity in the property

 

2. The mortgage lender has not been contacted

- I spoke to them and they said if they had been contacted they would have objected because a sale would mean that the outstanding mortgage would not be paid.

I asked them for a letter confirming this and they said that they can't provide it.

 

3. My tenant in the house is a 78 year old lady.

Her health is not good and the council has spent money adapting the house to make her comfortable.

 

I would like to keep the house as selling it now would mean I would end up owining the lender as well as the creditor.

It would also make an elderly lady homeless.

 

I am attending the hearing tomorrow and any help on my defence argument will be appreciated.

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Do you know if there are any duty legal advisers at court tomorrow? ring the court and ask. If so, get there early and ask for their assistance - they can come into the hearing with you and support your case.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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What was the unpaid invoice for ? Is there a CCJ and if so how much was it for ?

 

Andy

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And have you made no attempt to agree some sort of payment plan ? Did you defend the initial claim ?

We could do with some help from you.

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So if your paying why are they forcing Sale ?

We could do with some help from you.

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We have been paying £100 per month and they want £1700 per month.

 

At the last order for sale hearing which was adjourned they said £100 does not even cover the interest hence why they want the order for sale.

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We have been paying £100 per month and they want £1700 per month.

 

At the last order for sale hearing which was adjourned they said £100 does not even cover the interest hence why they want the order for sale.

 

If you are paying what the court has told you to pay per month..there is absolutely nothing they can do...except to apply themselves for a Redetermination hearing with fee...Order for Sale are not granted if there are no arrears on the judgment payment...they are fully aware of that.If they wish to change it then let them make application with hearing to present their argument as above.

 

Why was the last hearing adjourned ?

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not harwood & redwoods is it?

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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did you not approach the school directly before the CCJ.as they all usually will deal directly

 

 

how come H/R got post judgemental interest too?

that's rare.

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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Section 93 of the Tribunals, Courts and Enforcement Act 2007 came into force on 1 October 2012. The amendments allow an application for a charging order to be made in cases where the debtor has not defaulted on payment of an instalment judgment. However, it should be noted that:

 

The court must take into consideration the fact that there has been no default when deciding whether to grant the order for sale; and

An order for sale to enforce the charging order may not be made at the same time as the application for the charging order unless the whole or part of an instalment which falls due under the judgment remains unpaid.

 

What does this mean in practice?

 

This is significant given that, Under this new legislation, even if a debtor is adhering to judgment instalments, the creditor is still entitled to secure the debt by way of a charge however, as indicated; the court must take into account that payments are being maintained when deciding whether to impose a final charging order over the debtor’s property.

 

Once a charge is in place, a creditor may consider the use of an order for sale to recover the sums secured. Here, a practical problem may arise in that a charging order may not be enforced unless, at the time of the application, the whole or part of any instalment remains unpaid. It therefore follows that if the debtor brings instalments up to date at any stage, the Judge will be bound to dismiss the application.

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The hearing was adjourned.

 

And the reason this time inablind ?

We could do with some help from you.

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  • 5 months later...

http://www.consumeractiongroup.co.uk/forum/showthread.php?71725-Wescot-option-Order-for-sale-and-other-problems-HELPPPP!&p=5043999#post5043999

 

 

hello sequence,

 

sorry the lantana to highjack your thread. is there case law or statute which supports a defence on the basis that someone living in the house is ill/disabled?

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random posts to 10yrs old thread

moved to your existing thread

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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http://www.consumeractiongroup.co.uk/forum/showthread.php?71725-Wescot-option-Order-for-sale-and-other-problems-HELPPPP!&p=5043999#post5043999

 

 

hello sequence,

 

sorry the lantana to highjack your thread. is there case law or statute which supports a defence on the basis that someone living in the house is ill/disabled?

 

A court would have to consider exceptional circumstances which could be a physical or mental condition but that would usually apply to the mortgagor's primary residence which doesn't apply here.

 

I assume this is a buy to let mortgage? I assume then that the tenancy is on a (rolling) 6/12 month tenancy? If both those assumptions are correct the tenant only ever has the security of the notice period. I cant see a court ever increasing that.

 

Did you have any sort of agreement with the council over the adaptations they made? Did they do them in the expectation of the person staying in the property for the rest of their life etc.

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Just left the Court. The matter has been adjourned for 28days. Will update when I get home.

 

Thats lucky inablind...give you more time to research properly now rather than logging on the day before Court given your last post in February !

 

Andy

We could do with some help from you.

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