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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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    • 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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How are you getting on with the judicial review?

Has the application been submitted?

 

DWP and HMCTS have been giving notice that a JR is pending, but guaranteed.

 

Let,s list all the mistakes including the latest one re medical evidence not being requested nor considered correctly today to save adding it on when and not if JR for the outrages and medieval way this particular case has been handled.

 

You forgot to mention the Human Rights Act, and in particular Article 6, do keep uo bAAZZAs, you are slipping.

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DWP and HMCTS have been giving notice that a JR is pending, but guaranteed.

 

Hang on, it was;

To remove any doubt JR up and running

 

So, “up and running” in your imagination only?......

No application actually made, then?

 

You forgot to mention the Human Rights Act, and in particular Article 6, do keep uo bAAZZAs, you are slipping.

 

That is your fantasy, not mine......

 

I’m expecting “equality of arms” to crop up too, as part of the repertoire trotted out by those who don’t understand JR and article 6.

(For clarification: “equality of arms” doesn’t require them to put forward a badly constructed case, poorly argued, just because you do!)

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Thanks to all those who contributed and a special mention to Bazooka B who gave some encouragement and sound advice throughout.

 

Anyone else in the same position just stick to what you believe in and do not let them grind you down, its a long old road but all worth it.

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well done

 

 

thread title amended

 

 

 

 

 

 

 

 

 

 

please try and donate to help us survive

 

 

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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Yes of course,

 

Hearing lasted about 2 hours my wife was in attendance, DWP had no representive.

 

To be honest it was the first time in nearly a year that I could explain the reason's why I felt I should have been awarded PIP

today I was able to do that, which was a relief and to be fair being questioned by the two panel members and the Judge enabled me to do just that.

 

The doctor on the panel started the proceedings and highlighted the medical records and in particular the entry notes from the GP nurse indicating that I had informed her that my breathing and chest pains were not so bad as previously identified and he probably saw this as an opportunity to create an impression that my heart condition had improved, however I pointed out that this has never been the case and it could be drawn that on that day I was not experiencing any symptons but this was not periodic just on that day when asked.

 

I pointed out and further in support of that theory that only a few weeks earlier my GP after running some tests clearly stated that I was suffering from angina and medication was and still has to be taking for that new condition which and despite what the doctor was trying to pin-point the fact that I had been diagnosed with angina would suggest my health condition had got worser rather than better which he could not offer a reply.

 

 

He went on and asked me a number of questions as to why I could not do certain things which I answered,

I pinpointed and highlighted that the medication that I was taking had a big impact on why I could not do normal things especially around the house, lack of sleep, side affects dizzy spells, fatigue, lack of motivation.

 

 

My own personal view is that assessors and if not pointed out Tribunals unless told take on board the significance that medication has on a persons ability to be able to do things as they see as normal, the side effects of medication are and should be used as a means of a strong argument in support of reasons why someone is incapable of doing a lot of tasks but unless you identify this they will not consider these strong points.

 

 

The assessor never highlighted this nor did he give mee the chance to highlight this during the assessment, however today they had no choice but to consider medication as a factor which I feel was a strong point in the decision and one that anyone appealing a PIP decision should place a lot of reliance on if they are on medication for their condition imo.

 

The judge asked a number of questions but he identified when summing up what my problems were and in one sentence,

he could see that before my heart attack I was living a normal life and also identified my involvement in local Youth football and indicated that as a result of the heart attack my mental condition and because of a life changing event the mental condition that I had including PTSD were linked and he could identify where the problems had come from and reasoned with my conditions as being valid and quite understandable which hit the nail on the head because in short that was the reasons for my conditions, period.

 

The Disability panel member asked me to explain why I suffer from panic attacks, why I could not do daily tasks and all of these were explained, a lot of my problems derive from the day that I had my heart attack and the surgery which had to be performed on me when I was awake which made it worse and the panic and anxiety as with the depression have been linked to that event on that day.

 

When you are lying there knowing there is a good chance that you are about to die and awake is not a very nice experience and it hit me for six not at the time but some 6 months later which caused and still cause me a lot of mental problems which and unless you have been put into that situation, it is hard to imaging but trust me is not nice and will affect you afterwards.

 

From scoring 0 points after being wrongly medically assessed like most are subject too because of the DWP and their corrupt partners in crime Atos the awarded me 13 points which qualified me for the enhanced rate of daily living component, and 8 points which awards me the standard rate for the mobility component.

 

More pleasing is the fact that I proved the assessor and the DWP were and always have been wrong and I have now proved that which means more than money, it was morally wrong how they acted how they treat the most vulnerable, so it is a small victory but more importantly anyone reading this now who are in the same position as I was,

 

 

PLEASE, PLEASE do not give up, lose hope or make it easy for them to do what they are doing, the truth always comes out.

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as this is now concluded

thread now closed

 

 

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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