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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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Northwest mini centre help please


Cheshirecat386
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How so?. How can you show he wasn't "hoping it'd all come right & he'd be able to trade his way out of trouble"?

That is a potential defence for each and every charge : the volume in itself proves nothing - surely the timings (in combination with the accounts for the firm) are more relevant?

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Because he's been taking money off people since 2011 for restoration work that he's never done.

The fact over a 6-7 year period he's filled two large storage units and a yard with customers cars and not even touched them while living a life of luxury is to me fraud.

He text me two weeks ago and told me he didn't have the cash,time or means to complete my car yet the same week he took on a friends car as in insurance job and completed the work.

his in it's self proves he did.

 

He's told everyone he's skint and has no money yet handed over £3500 to someone that seized his tools off him on Friday morning.

 

He's took a deposit off a customer then emailed them weeks later saying work is going on and we are ready for first instalment money's been sent then a few weeks later same again yet the car hasn't been touched - it's blatant fraud.

 

I'm not saying we have to persue him as a group but as a group of victims we are better equipped to deal with it, seek advice and move forward.

 

You seem very negative to the whole thing.

Have you had dealings with Chris??

Does he owe you money??

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You seem very negative to the whole thing.

Have you had dealings with Chris??

Does he owe you money??

 

No, I have no dealings or connection with him.

 

My "negativity" is in:

a) the difficulty in enforcing a judgment against an insolvent company

b) the difficulty in getting a judgment against a director for a company's debts

c) the difficulty in proving a prosecution for fraud (being to the criminal standard of proof rather than the civil standard of "balance of probabilities).

 

In case you are still in doubt, I posted further up the thread:

Did they get any extra money from you based on the emails / photos?

If so would you consider reporting him to the police where they can consider if there has been a fraud by false representation?

 

In other words, if there is stronger evidence of a dishonest false representation causing a loss, I was suggesting reporting it for consideration of prosecution!

 

I just want any expectation of outcome to be a realistic one.

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Personally I don't want to post the full story or updates on here as Chris also reads this site.

 

I want to find a way of getting names/ numbers for all affected and then seeing what police will do - lot more chance of them taking it seriously if there is a group.

 

And yes, he did get next instalments based on the emails saying he had done work.

 

I know it's fraud, you know it's fraud but how to get him in custody is another matter.

 

Problem is admin tell you to start a new thread each time. Anyway.

 

He did export money based on the emails = fraud.

 

However getting him in custody is another matter.

 

I agree, multiple threads of different issues makes knowing just how many people are in our situation very difficult. As an update to my car, I had it dropped off by NWMC and the "business is being taken over by the receivers who will be in touch with me" (that was after my last phone call last week).

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the more complaints the more weight

 

 

the more threads

the more publicity

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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I agree, multiple threads of different issues makes knowing just how many people are in our situation very difficult. As an update to my car, I had it dropped off by NWMC and the "business is being taken over by the receivers who will be in touch with me" (that was after my last phone call last week).

 

So they just randomly turned up with your car and dropped it off.

Carnt understand why he's gone to the bother of delivering some cars back to owners but then others have been left there for the liquidators to seize.

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Hi, sorry I've only just seen your post.

 

Yes, my car was returned back on Monday 11th September.

The car was a wreck (seemingly much more than when it had been collected)

 

 

most of my stuff I had bought for the car and dropped off

(in the months leading up to my wedding in November 2016 when the car was supposed to be ready for - another story) were inside the car, in boxes.

I had also bought new carpets and underlayer for the car too, these were nowhere to be seen.

 

 

I called Chris and spoke to him the day after and he said he would have a look for them but thats the last I heard from him.

Phone goes to 'invalid number' now so i'm guessing he's gone properly AWOL and changed numbers.

 

Is your car still at the unit?

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Latest update - chris has gone AWOL. Steve and Mark have taken over workshop and want all cars gone by end September. Derbyshire police very interested in this case as below. Lots of people have been defrauded.

 

People affected need to ring 101... press # for alternative station and say Derbyshire. Then get through to that constabulary (if you are not from round there).

 

You can quote this incident number and it will make a bigger case. If you can get in to make a statement then great!

 

Ex-employees / customers alike!

 

EDIT: CASE NUMBER 797250917

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Latest update - chris has gone AWOL. Steve and Mark have taken over workshop and want all cars gone by end September. Derbyshire police very interested in this case as below. Lots of people have been defrauded.

 

People affected need to ring 101... press # for alternative station and say Derbyshire. Then get through to that constabulary (if you are not from round there).

 

You can quote this incident number and it will make a bigger case. If you can get in to make a statement then great!

 

Ex-employees / customers alike!

 

EDIT: CASE NUMBER 797250917

 

Thanks very much for the update, have you had any luck with the case so far or are they looking into it? As I said earlier, we could do with all people knowing this information but as there are so many threads it is difficult to know how many people are in the same position. Maybe post that 'post' on all related threads so police can get as much info as possible?

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Only just sorted it today. There is a Facebook group too - look under 'disgruntledNwmc' and hopefully it should come up. Quite a few of us on thrrr.

 

Great stuff thank you. I will look it up and be in touch with Derbyshire. Will update on here as and when I find out more.

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