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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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Reclaim charges.


andyep
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Hi all ,

Been reading the forums for a while now ,

just about to try and reclaim better halfs catalogue and store cards charges.

 

I believe the route to go is SAR each catalogue and store card.

 

 

It seems over the years she has had two old Littlewood accounts and one current one and a current Very account ,

 

 

she phoned shop direct earlier this week to verify account numbers and to check address for correspondence

they gave her a Chelmsford address which seems to contradict other addresses I have found whilst browsing these forums

those being the innovation centre park lane netherton bootle l30 1sl and Shop Direct Limited 1st Floor Skyways House Speke Road Speke Liverpool L70 1AB.

 

Also we will be sending SAR's to Topshop, Dorothy Perkins and Outfit ,

the address we have been told is Newday ltd PO Box 700 Leeds LS99 2BD.

 

She also has an old Next account which is closed ,

they have provided us with a letter stating the account number and that there was never any PPI on the account this was received after a phone call requesting the account number.

 

which are the correct addresses to go with and also do we need to individually SAR each account and store card or one SAR to shop direct and one to Newday and one to Next ?

 

 

Is there any specific requests needed for each SAR and over the last twenty years we have only lived at two addresses so do we include both addresses in each SAR.

 

Some of the account/cards are pre 2007 and some post 2007.

 

Thanks for your time , Andy.

Edited by dx100uk
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No you simply SAR each company, not a separate one for each account although its a good idea to include the relevant account numbers for each company.

 

Each company's head office address can easily be found online.

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  • 2 weeks later...

Four sar's sent thursday via a courier , three received and signed for on friday and one returned to sender(me) as courier cant deliver to postbox as signature required , will resend with royal mail recorded next week.

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  • 3 weeks later...

No acknowledgement from any of the above SAR requests and phoned post office and none of the postal orders cashed as of today ......... just wait a bit longer I guess :)

Thanks Andy.

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Wouldnt be expecting anything really till middle of April at the earliest

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Cheers Martin , had an acknowledgement of next stating they have till the 19th to respond , also SD phoned my wife explaining that there was no ppi on the account so what did she want them to do , she stated "I want you to send me all the information you hold on me for all the accounts I have had with you as I requested in the letter" , SD replied would you not rather go through a telephone complaint instead , my wife told them "no thanks I would like you to send me all the information as requested"

 

Thanks Andy.

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Good stuff

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Acknowledgement received today from SD , we had three account numbers in the SAR request , however there are eight account numbers on their acknowledgement ,will post details as they arrive.

Thanks Andy.

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Received the sar from SD theres 27 £12 charges but theres other figures pre 2011 on the same printout as the £12 charges ,I asked for an explanation of all codes used by SD and the codes supplied dont seem to include the codes applied to what look like other charges ranging from £25 and up ,if I post up a copy of these would anyone be able to take a look and possibly help ?

Thanks Andy.

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Yes you can remove the obvious personal info and post them in a multi page pdf.

Can you also post the codes list please?

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Thanks Martin will post up now ,

however I believe the other charges I mentioned that were £25 and up are items that were returned.

 

As you can see from the attached file

( hopefully I have redacted them correctly )

 

 

which is seven pages taken from the 200 plus supplied after the SAR request,

there are 27 £12 administration charges for late or missed payments ,

 

 

I think some of the numbers and codes are when SD reduced the credit limit as payments were made hence limiting the account ,

 

 

some of the other numbers and codes I dont understand even though SD say they have supplied me with all code definitions.

 

I think the outstanding balance on the accounts is about £500 which my wife is repaying at £50 a month.

 

I find it amazing after trawling through the 200 plus pages very little reference to the APR they are charging her.

 

I found the compound interest calculator on CAG but I am unsure what level to use ,other than going off what others have done.

 

Any thoughts/opinions would be gratefully appreciated.

Thanks Andy.

sd codes.pdf

sd charges.pdf

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Put all of the charges into the spreadsheet and use an average of the interest they have used over the term of the account.

If as you say there is little reference to what the interest rate is or was, use the rate you can see they have used.

Pop it up for checking first tho.

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  • 1 month later...
Put all of the charges into the spreadsheet and use an average of the interest they have used over the term of the account.

If as you say there is little reference to what the interest rate is or was, use the rate you can see they have used.

Pop it up for checking first tho.

 

 

Hi Martin ,sorry for the MEGA late response , I have been visiting and reading the forum , but along with work and family its took a while to get round to planning the response to everything ,anyway here goes ,below are 2 redacted letters/emails I am about to send to newday and shopdirect after they both responded to my SAR requests on my wifes accounts , requesting administration charges back with compound interest.

 

 

Shopdirect

 

 

"Thank you for responding and completing my SAR request for the above accounts ,after examining all the documents received I can see that there were numerous administration charges applied to my accounts.

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £324 in charges and using a nominal compound interest of 24.9% I make the total charges and interest I feel you should return to me as of 19/5/17 £709.99.

 

As you will see the nominal interest I have applied is 24.9% and not the 30%plus that you apply to your customers ,I feel this is a fair rate as it is similar to many high street banks rates for small loans.

 

I require repayment in full of this money,directly to me and not to be applied to my account or sent to any other third party. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus further interest, plus my costs, without further notice. "

 

Newday.

 

" Thank you for responding and completing my SAR request for the above accounts ,after examining all the documents received I can see that there were numerous administration charges applied to my accounts.

I now understand that the regime of fees which you have been applying to my account in relation to late fees are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I calculate that you have taken £374 in charges and using a nominal compound interest of 24.9% I make the total charges and interest I feel you should return to me as of 19/5/17 £1000.42.

As you will see the nominal interest I have applied is 24.9% and not the 30%plus that you apply to your customers ,I feel this is a fair rate as it is similar to many high street banks rates for small loans.

I require repayment in full of this money,directly to me and not to be applied to my account or sent to any other third party. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus further interest, plus my costs, without further notice."

 

Would you like the spreadsheets uploading as well.

 

Thanks for your time ,Andy.

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Yes please Andy, pop the spreadsheets up aswell so they can be checked

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shopdirect interest rate is 39.9% see their adverts?????

 

Yep Old Cogger I agree ,but thought I had read it was easier yo get them to pay out by not going for the jugular.

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they will not in most if not all cases, but say need to speak to you when asked all in writing for the benefit of doubt, you hear no more they do not like paying out, only by agreement after a county court form against then is issued and the silent clause agreed on case?, reduced % shows weakness!

:mad2::-x:jaw::sad:
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From what i can see Andy the spreadsheets look fine but might be a good idea to upload pdf's as the . Txt files are difficult to read

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Banging my head against the wall ,

been trying for two hours to convert the "CISheet v101" to pdf ,

 

I have done this for other documents b4 and been fine ,

 

I have tried converting it from open office and excel both to pdf and every time it cuts off the right hand side of the pdf ,

 

I have tried using a load of online converters and open office pdf converter

,same thing everytime

 

,also tried reducing the margins and extending the page width ,

 

when I do this I lose even more of the right hand side of the pdf ,

yet when I preview the pdf before converting it looks fine ?

 

Any ideas appreciated ,thanks Andy.

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size the spreadsheet then

file print

print to PDF

 

print active sheets only

 

fit all cols to one page

 

or simply attach you .xls files!

but remove your details.

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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Cant seem to get it to work and dont seem to have any .xls files , going to delete everything and start again ,

 

also I have found on the newday statements a number of "shopping cover" charges

and on the shop direct account a load of "account cover" and "account cover plus" charges ,

I presume these are PPI charges ,

 

 

can these PPI charges go onto the same reclaim letter's and also have the same compound interest applied to them.

 

Googed it , I converted them back to open office files,

I will redo them and if no joy I will convert them back to excel files and upload.

Thanks Andy.

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our spreadies should work in open office ok

then filesave as .xls

 

 

you use the same spready yes ,

but one copy for each type of reclaim

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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