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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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Lost job, lots of debt - Not sure what to do now?


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Hi

In April this year I left my job due to bullying in the workplace and relocated to be nearer my family.

As I didn't have a job to go to I wrote to all my credit card companies and explained that I would be unemployed for a period of time and wouldn't be able to make my minimum repayments. Different companies have dealt with me in different ways from continued harassment to being fairly understanding!

 

I have always been employed and in have never missed a payment of any sort.

I have now found work but unfortunately I no longer work in a city and the wages are no where near what I was earning before.

 

 

As things stand I am no longer able to afford the repayments

- I have kept in touch with the companies regularly,

I have written to them once a month to keep them posted of my circumstances.

 

Now I know I cant afford to pay, I don't know what to do next?

A couple of the companies (the ones who seem to have ignored my letters) have issued default notices,

I don't really know what the implications of this are?

 

Could someone please give me some advice as I really don't know what to do next.

Edited by honeybee13
Paras.
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Perhaps start a list here of each creditor ......amount outstanding and date of last payment and date the credit was cards were taken out.

 

A default notice is the legal process the Creditor must comply with before they can mark your credit files and also instigate litigation..its normally at this point that the debts are assigned to DCAs rather than the original creditor issuing a court claim.

 

 

Regards

 

Andy

We could do with some help from you.

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Threads merged..please do not start new threads on the same issue.

 

Andy

We could do with some help from you.

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OK, welcome to CAG,

 

Can you list the creditors, and the rough amounts.

 

When you last paid them anything, and when these accounts were taken out.

 

You will be best doing your own I&E form, to see where your money is going, and what kind of disposable income you have, if any?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Andy

I re posted this as I missed your reply, sorry.

Here are the list of cards and balances:

 

Barclaycard - £12,217 last paid March 2017 taken out in the 1990's

 

Asda (creation) - £9,542 last paid April 2017 taken out pre 2010 (guess)

Halifax - £3,957 last paid March 2017 taken out 2014

MBNA - £6.995 last paid April 2017 taken out 2014

 

Santander - £2,992 last paid April 2017 taken out 2013

 

Santander fixed term loan £1,790 left last paid April 2017 taken out 2013

 

Virgin - £607 last paid April 2017 taken out pre 2010

 

Putting it all down seems horrendous but I have always made the payments, never missed any and have no intention of not paying.

 

I have found myself in a situation where I can no longer make the required payments.

 

I'm hoping that in a month or two when things settle down (my partner has only just got a job) I will be able to make some payments towards the debts.

 

I have like I said written to the CC companies every month to keep them aware of my circumstances. I just don't know what to do next.

 

I guess a default notice is pretty bad and I'm going to end up in court?

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Not necessarily ..the issuance of the default notice is a legal requirement that all creditors must take once a breach in any agreement occurs....and this is also registered against your credit reference agencies...which will show for 6 years.

 

So assume all the above are with the original creditors and not been assigned to DCAs ?

We could do with some help from you.

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Is DCA debt collecting agencies, if so then no they are all still with the credit card companies at the moment.

 

Okay thats fine.....which are harassing you and refuse to freeze the accounts ? Are the accounts frozen with no interest or penalties being applied?

We could do with some help from you.

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Asda (creation) phone and text daily interest is still being added. I haven't spoken to them just letters sent.

 

Halifax phone and leave automated voicemail interest is still being added its like I've never written to them? They have not acknowledged one letter.

 

Virgin again never acknowledged receipt of any letters and still applying interest.

 

The others have all suspended interest charges

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Have marked them in red in your post# 5.

 

Take a look in our Library there are various letters for each stage of the procedure...perhaps send the 3 a further letter ...registered post.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?405-Debt-Collection

We could do with some help from you.

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Ok Andy I will do, what do I do about the rest of them?

I hope in a month or two I should be in a position to offer payments but it is not going to be anything like what they want

- maybe £20 each is all I will be able to afford?

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Well they all will reapply interest and penalties at some stage and issue Default Notices...so no matter what your credit files will be trashed.The agreements have been breached and there is no way of rectifying that now.

 

Soooooo long term they will write the debts off and sell them to a DCA who will then hound you or possibly issue a court claim (subject to which DCA gets it)

 

At that stage you should be sending off a section 77/78 request to request copies of the original agreements and Terms and conditions...if any fail to comply with your legal request..they are prevented from enforcing the agreements in court.

 

You are a while from this stage yet..... with the exception of Barclaycard the oldest I would send one now to them.

 

Template and instructions are in the Debt Collection Library

We could do with some help from you.

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Thank you again and I am sorry to keep asking things,

 

 

so are you saying I shouldn't offer to pay the CC companies anything?

 

 

Are you suggesting I send one to BC now because they are unlikely to have it as it's so old?

Is it not a bit cheeky of me considering I do owe them money?

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Well the longer you keep paying them dribs and drabs the debts will never become statute barred and you could be paying them into your pension.Its all a personal choice and what you wish and which direction you wish to take.

 

Whatever you decide they will be trashing your credit files irrespective.

We could do with some help from you.

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Have you the facility to block calls to your phone? Is it your LL or Moby?

 

If they are sending text messages to your moby, then 'Forward' them to 7726 (SPAM on your handset keypad)

Emails you can send straight to your Junk folder, if they are ringing your LL then you can either, go through your providers 'Malicious' calls procedure, or send them the 'telephone harassment' letter (obtain ''Proof of Posting'' free from PO counter). Then if they continue report them.

 

If you have informed them that you are in financial difficulty, and their 'help' is to carry on adding interest and charges, then they get £1 a month end of.

 

When they start to act like adults then you can discuss repayments.

 

Like Andy says, fire off a CCA request to Sharklaycard, and see what they drag up, if anything, my hunch is they won't have anything, so then that will be one less you need worry about.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Thanks everyone for your help, I will take your advice. I can block the calls on my moby and the LL I just ignore. I had a really srange text this morning from someone calling themselves WMD asking me to ring with regards to 'some business I have with them"? I googled it and they seem to be a DCA so I guess it all starts here? What powers do DCA have I am really quite concerned and very scared, I have always been a normal law abiding person.

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You still are a normal law abiding person...its just that you are now questioning the process and seeking help with your financial predicament.

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 OTHER

 

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What powers do DCA have I am really quite concerned and very scared, I have always been a normal law abiding person.

 

DCA's have NO legal powers, they are NOT bailiffs, they are nothing more than self employed commission paid powerless clowns.

 

You DO NOT need to talk to them, least of all deal with them in any capacity.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Lets get a bit of perspective, a DCA has less power than next door's cat. The cat could come in and poop on your flower bed, the DCA cannot.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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as a comment on what you were told in the post above your last one- have you ever been sued by a cat?

 

In short, anyone can sue anyone for any reason

- they just dont win becasue they must have a cause for action and the right to make a claim.

 

The dca has neither of these so they cant win.

 

What they will do is make a lot of noise threatenting that they are CONSIDERING this and that.

 

I am considering running a 3 minute mile but I am realistic about my chances of success.

 

Thay get paid to write scary letters and if possible, scary texts and phone calls, that is all

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Hi Allip. I'm in much the same position as you and have started my own thread on this forum.

 

Like you, I haven't 'defaulted' on my debt just yet but will be doing so very shortly. I'll follow your thread with interest. It's hard not to be worried but, at the of the day, there is very little the DCA's can do if we don't have the money to pay. Very best of luck to you.

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there is very little the DCA's can do if we don't have the money to pay.

 

CORRECTION! There is NOTHING the DCA's can do, full stop!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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