Jump to content


  • Tweets

  • Posts

    • 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.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

Finance Train / MDX Solutions / What is going on?!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2319 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

This will be a long post, so bare with me on this.

 

A few weeks ago, my mother received a letter from Amigo loans.

Strangly enough,

telling her to confirm her details for her recent loan application.

 

Pretty strange,

I mean we've heard of them but NEVER used them or even been on their site.

I decide to ring up, find out what it's about (maybe its a mistake or error). NOPE.

 

They recieved a application from a company called Express Finance.

Again, never heard of them.

 

But amigo gave us the contact information for them,

and took mum off their system.

And we rang Express Finance.

 

Again, they had an application/information sent to them from yet another company, Finance Train.

They told us they'd take the information off their system.

 

We then decided to contact finance train, whom we came to notice were a loan broker.

And this is where it all begins...

 

I myself decided to try and email them

I had any information from them written down

(incase it went further than them as this was getting bizzare now).

 

Every single email address on their website came back not sent. Every. Single. One.

 

i'll ring them?

Nope.

 

Their phone always (no matter what time of day) goes through as if ringing and then just says 'our offices are shut.

 

Please call again during buisness hours'.

 

Well, what hours are those?

 

You're a UK based company,

working normal buisness hours but I can never get hold of ANYONE.

So by now, i'm a little mad.

 

We find the FCA authority number and have a quick look if they're still trading.

They are, and another company shows up but its MDX solutions.

 

Apparently, Finance Train is a trading style of MDX solutions

 

i think, Okay,

email MDX solutions.

Someone there should direct me to the right place at least.

I emailed on the 4th Nov.

I'm still waiting.

 

Now all this sounds a little weird by now as it is,

I decided to look into the companies listed with MDX solutions and there's a few in total.

 

2 have the same website,

a few colour changes,

and my favourite part about one of them is that it has

'This is a paragraph'

written on their privacy policy,

you know,

just incase I didn't understand the concept of a paragraph.

 

Every company on there which is a loan broker has the same number for customer services, and same style of email address 'customerservices@xxxxx'.

The other websites, have a different number to these, but again, their numbers match (little bit odd to say the least).

 

All these companies are registered to flats in London

(or at least MDX solutions is, but on the 'contact us page' the address is that exact same one.

And looking at the person who managed MDX solutions

(who has his own website for his new company)

seems very proud of having 5 companies who have gotten FCA approval by him

(I know because of a blog post on their telling me all about it).

 

This all seems very weird to say the least.

 

Has ANYONE else had dealings with MDX solutions or Finance Train

(Or even a company linked with them)

because I really REALLY want to get to the bottom of this.

 

(PS mother has NEVER used a broker in her life,

she has had a loan before but we did ring the company to ensure they didn't pass those details on to a broker or in general and they informed us they do not do that what so ever.

They're a fairly large company as well so I tend to trust what I have been told by them)

Link to post
Share on other sites

welcome to the murky world of pdl's etc, one co with alot of fingers in alot of pies.

 

who was the loan with before.

 

don't trust them to say they haven't passed on details

 

maybe a formal complaint to amigo as they were the ones that actually wrote to you.

 

if it escalates to fos for eg they shld be required to formally disclose their 'source'.

Link to post
Share on other sites

has someone used her details to take out a loan in her name?

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... 

Link to post
Share on other sites

They've attempted to put through an application for a loan with her name,

i believe old bank details and old phone number.

 

We don't know if its someone who's leaked the information (IE the loan company she has used but if it related back to them,

i have an email stating they haven't done it

which means I'll be speaking to the FCA and ombudsman about that if it ends up being them).

 

We also received back in the start of November a letter from British Gas stating we had set up a plan with them regarding gas I believe it was

(we're with eon and have been for as long as I remember).

Mums name, old bank info, address, but NOT email address.

 

It was cleared up with british gas (and something HAD been set up, it wasn't a marketing thing at all, they confirmed that).

It's just a whole lot of weird things all around the same time now and its really infuriating

Link to post
Share on other sites

sounds like identity theft to me.

 

what about actionfraud?

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... 

Link to post
Share on other sites

Actionfraud just said they'd look into it.

 

We rang them as soon as we got the british gas letter.

 

I don't know exactly what they've done so far but probably a whole lot of nothing.

 

I've currently taken myself down a huge rabbit hole to do with these companies (MDX) and found a lot of interesting stuff out however

Link to post
Share on other sites

Hi

 

Could you post up a PDF of the Finance Train Letter? (removing any identifiable information)

 

The reason I ask the above as in doing my research there is Financetrain.co.uk under mdx solutions but also Finance train.com that has littile information so we really need to clarify this.

 

I think it may also be worth your mum just checking her credit file to see what is says, there are free one's she can register with:

 

Noodle:

https://www.noddle.co.uk/

 

ClearScore:

https://www.clearscore.com/

Edited by stu007

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

  • 3 weeks later...

We didn't get a letter from finance train,

but a letter from amigo which stated that the information came from finance train,

which was confirmed by amigo via telephone, and as well as express finance as well (whom were the first people in that little chain to get the details from them).

 

It is the financetrain.co.uk that passed on the details however, not financetrain.com from what I remember

 

Also another little update,

 

after emailing and checking noddle as well and noticing probably close to 20 different companies either running scans, emailing, phoning and texting regarding loans, we've come to find the source of where the information came from

 

. It is one of the bigger named companies (I wont mention whom yet as they're currently looking into it on their side of things, which we know can take up to 8 weeks under the Financial Ombudsman guidelines).

 

We are not yet 100% sure if this information was sent out without my mothers knowledge or permission (from what we were told on the phone, there's a check box and if its checked, information MAY be sent to 3rd parties but from reading information on their site, they waver all responsibility to what they do with it).

 

The only check box we've seen on the site (going through it as if we were making an application) is one that has to be manually checked rather than unchecked.

 

My mother has said she wouldn't have checked anything that said they'd send information out, but we were not told on the phone whether she had or not when we spoke to them.

 

I think we have another week or so before they contact us again with their findings (I believe the complaints procedure said they'd email within 2 weeks off the initial complaint with their sort of response and what they want to do).

 

We did make the financial ombudsman aware of it as soon as we found out, and as soon as we hear back, if it is a case of the company sending details to 3rd party companies without consent, it will be passed on to action fraud as well as anyone else it needs to be passed to.

 

Either way, this is driving me slightly insane, and it's becoming more of an annoyance when companies are refusing to respond to the initial emails sent out.

 

Some i've had to send a follow up stating that unless we receive a response within 8 weeks it's getting passed onto the proper regulators because it's just a nightmare.

 

Some of the companies have traded under different names which have been told to cease lending by the FCA just for them to make new companies and do it all again, with the same people in charge. But I digress.

 

Hopefully we'll find out what's actually happened, but I have a feeling it's going to be swept under the rug or not looked into fully by these companies. (SOME however, have been very helpful and understanding, quick to respond and do everything they possibly can to help)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...