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    • Please see my comments in orange within your post.
    • 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.   House or Flat? 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. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. 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. Again, points as above. 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) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. 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. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. 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. Redact and scan said evidence up for others to look at? 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. So this is dealt with then. 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.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. 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. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. 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. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. 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.
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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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Santander default for overdraft


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Hi I would love some advise..

 

I have a default registered by Santander on 19/05/12 for 4325 GBP

 

Long story but I emigrated to Australia in Jan 2013 and cannot remember if I told them!

I have checked on Experian and the default still shows Santander as the owner of the debt.

 

I had severe financial problems which was one of the reasons I emigrated.

I have dealt with all of my other creditors from here,

but I truly despise Santander because of the way they treated me in the mid 2000's

cutiing my overdraft limit in half with little notice.

I banked with them from 2001.

They closed my bank account in 2012.

 

I am in a position to return to the UK early 2018 and wanted to ask best tactic to deal with this debt, as I am aware they can CCJ me any time up to the 6 year default date ie May 2018.

The last thing I want to do is return to Blighty to a CCJ

 

Any help would be appreciated

 

 

Thanks...

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I suspect the debt will be sold or assigned to a Debt Collection Agency (DCA), so if you return it might not be Santander chasing you. The new debt owner would have the same rights to take you to court where you are resident.

 

If the owner of the debt does not obtain a CCJ within 6 years of the date you last paid or admitted to owing the debt in writing, then the debt would be subject to the limitation act (Statute barred). Means that if you defended any court claim as statute barred, then they should not gain a CCJ, so nothing to pay.

 

The debt will also come off your credit record on its 6th anniversary.

 

If i were in this situation, i would go through old records to see when i last paid towards this debt. I.e is it within the last 6 years. If i did not have the information i might contact Santander to get hold of statements and in doing do they will note you are resident in Australia. They would have no chance taking it to court in Australia. At least you then know what the score is in regard to statute barred or not.

 

Or you move back to the UK in 2018, keep an eye on your credit record in the meantime and by the time they trace you in the UK the debt should be statute barred.

We could do with some help from you.

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Thanks for your speedy reply Uncle!

 

 

There certainly have been no payments or communication with Santander since 19/05/12.

 

 

As I am unsure if I informed them of my plans to live in Australia, my biggest fear is them getting a CCJ without my knowledge on my last address in the UK. I do regularly check my uk credit file but if they obtain a ccj the first I would hear about it would potentially be on Experian and then it would be too late to defend..

 

 

Maybe I can write to them from Ozz 'without prejadice' informing them of my new address in Ozz?

 

 

Cheers

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no 2012+6=:lol:

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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Thanks for your speedy reply Uncle!

 

 

There certainly have been no payments or communication with Santander since 19/05/12.

 

 

As I am unsure if I informed them of my plans to live in Australia, my biggest fear is them getting a CCJ without my knowledge on my last address in the UK. I do regularly check my uk credit file but if they obtain a ccj the first I would hear about it would potentially be on Experian and then it would be too late to defend..

 

 

Maybe I can write to them from Ozz 'without prejadice' informing them of my new address in Ozz?

 

 

Cheers

 

You can also check trustonline for any CCJ against last known UK address. This is official registery for CCJ's and there is a small admin fee per search.

 

Yes you could write to Santander, just reminding them of your Aussie address for communications. You don't need to say anything in the letter or title it without predjudice. Just say that you are writing to remind them of your Aussie address for commuications, just in case previous correspondence was mislaid by them.

 

Re statute barred, this may be a number of months before the 6th anniversary of the default date. Banks don't default an overdrawn account normally until at least 3 months without payment. So as a total guess, i suspect the debt will be statute barred Jan or Feb 2018.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi guys sorry for the late reply...bit tricky with time differences here in Oz.!

 

Ok well the account was opened in Camden in 1997.

 

So are you saying write to Santander 'without prejadice'! I would really like to SAR them, and claim back fees. I used to have a 13k overdraft with them which they chopped in half, then halved again which caused me severe problems . If I do this would this start the 6 year process again?

 

Cheers....T

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fees are long gone I would suspect but not forgotten if a court claim were to be started

but it would not be satans they'd sell it on

 

 

i'd be writing to Santander informing them, with proof

that you have been resident in OZ since year.

 

 

that way a backdoor ccj by debt buyers is prevented.

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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Thanks dx!

 

Have checked my cf and the default is still showing with Santander.

Bit surprised they have not sold it on after all this time!

 

Ok will just send them a letter notifying them of my UK address and then wait and see....

 

Too easy....as they say over here!

 

Whoops correction.....notifying them of my oz address!!!!

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that's better.

 

 

get some proof of posting that end

that's all you'll need should a claim ever be made whilst you can prove you were not legally resident in the UK.

 

 

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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Cheers do, don't you sleep? Oh just looking at their address its a po box in Milton Keynes...I want to send recorded signed for. Should I send to the registered office in London?

 

Cheers T

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head office that's not a POBOX.is well OK

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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