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    • 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.    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. 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. 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) 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. 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. 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. 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.   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.  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. 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.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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Equita LTD. Impossible to deal with. Multiple Dart charge fines


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Ill start with how and what it has come to for me to post on here.

 

Around this time last year my nan went into end of life care at a pilgrims hospice in kent.

At the time I was temporarily living with my mum who lives in Hertfordshire for work.

There was no long term vision so I never changed my permanent address.

 

I do have a dart charge account but before working there and due to other reasons I hadnt actually been to Hertfordshire often thus using the dartford crossing, overlooking the fact Id got a new car since the last time I had been there.

As I also ride motorbikes and more often ride that and wouldnt pay dart charge manually.

 

When my nan went into hospice for end of life care

over the space of a couple of weeks there were five occasions i used my car and didn't pay the dart charge fee.

 

My dad would open my post delivered to his address,

but in the circumstances with his mum and my nan being so unwell and eventually passing away.

The fines were sent to equita.

This is where the trouble started...

 

Originally the five penalties added up to a sum of £10, but through equita LTD they amounted to £190 each!

 

Once I became aware of these I got in contact immediately and tried to resolve/explain the situation and set up a payment plan as id never had anything like this before.

 

I ended up having five separate 'accounts' with them,

I asked for have one set date a month for an individual payment to be paid by either standing order or direct debit to make things easier for both parties.

 

But they insisted this they couldn't do this so on five separate times of each month a different amount would need to be paid.

 

But being paid weeks, working long hours and with other financial commitments it was difficult.

 

One week with no warning I had missed a £20 by a day,

with no warning I had an enforcement agent at my dads door,

demanding 3 of the 5 accounts in full plus his £235 fee.

 

I ended up working nights paying him £100 a week.

I even payed him £175 while on holiday which was a birthday treat from my girlfriend.

 

After this and paying over £700 in such a short space of time,

I called the office number,

on hold for over an hour sometimes purely just to ask for a single payment date and a statement of all the money I had paid.

 

With no exaggeration there has been over 20 times I have been hung up on or spoken to either rudely, patronising and even aggressively I have been told they have no record of what I have paid.

 

At the end of November I called and made a payment which apparently cleared of my 'accounts' as the last two payments were made on the 25 and 29 of the month

 

I asked if anyone would be in the office to pay on those dates in December,

the lady on the phone told me there wouldn't but it would be fine to pay the end of the first week in jan. Which with luck was actually my pay day and all was well...

 

Until Jan 3rd 2018 when I received a call from the same enforcement agent I had paid hundreds of pounds in the summer saying he had visited the address demanding the full amount plus £235.

 

I had no warning, only recently I have received texts on the 24th and 28th as a reminder, but no one at equita was working!!! And i had been told friday the 5th would be fine.

 

Since they have continued to hang up, will not discuss anything as its not their problem its the enforcement agents. I even have a couple of phone calls recorded proving this. Yet I still have an agent demading now over £500!

 

Any ideas where I go???

 

Sorry for such a long threat but I thought it would be better to get it all in that reply filling the gaps later

 

 

Thanks

 

Also,

A point I have missed.

 

On four or five occasions asking for the statement and reciepts which they promised to send.

 

Every single time I have only received what seems to be a generic print out of that I owe them money, with no statement or payments!!

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looks like you were purposefully set up to fail from day one

with each pcn being dealt with separately.

 

it was obvious it would, and so each got £235 added to it I bet!

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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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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what letters do you have from Equita?

you should have a warrant letter...

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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Share on other sites

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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Share on other sites

 

Around this time last year my nan went into end of life care at a pilgrims hospice in Kent. At the time I was temporarily living with my mum who lives in Hertfordshire for work. There was no long term vision so I never changed my permanent address.

 

I do have a dart charge account but before working there and due to other reasons I hadnt actually been to Hertfordshire often thus using the Dartford Crossing, overlooking the fact I'd got a new car since the last time I had been there. As I also ride motorbikes and more often ride that and wouldnt pay Dart Charge manually.

 

When my Nan went into hospice for end of life care, over the space of a couple of weeks there were five occasions i used my car and didn't pay the Dart Charge fee.

 

My dad would open my post delivered to his address, but in the circumstances with his mum and my nan being so unwell and eventually passing away. The fines were sent to Equita.

 

I ended up having five separate 'accounts' with them,

 

 

I am assuming from your post that ordinarily, you live in Hertfordshire, but due to your Nan's health, you moved into her home in Kent with your mother on a temporary basis.

 

I am confused about the Dart Charge account that you have and which vehicle is registered on the account. Is the Dart Charge account still operational?

 

As you had not been living at your usual address, to receive the Penalty Charge notices from Highways England, then you really should have submitted Out of Time witness statements for each of these penalties. You are still able to do so but from your post, it is really difficult to know which penalties are still outstanding etc. Hopefully, over the course of the day the position may be clearer.

 

What I suggest that you do is to call Dart Charge. I speak with them almost daily and they are most helpful. Their number is 0300 300 0120 and ignore all 'prompts' and wait to speak with an operator. You need to ask them for the date when each warrant had been sent to Equita. Whilst on the phone, ask whether there are any other unpaid Dart Charges that have not been sent to Equita. If there are others, ask what stage of enforcement they are at (Charge Certificate stage or Order for Recovery stage).

 

When you are on the phone, it would be a good idea to clarify the position about your Dart Charge. You can add a second vehicle to your account.

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Originally the five penalties added up to a sum of £10, but through equita LTD they amounted to £190 each!

 

Once I became aware of these I got in contact immediately and tried to resolve/explain the situation and set up a payment plan as id never had anything like this before.

 

I ended up having five separate 'accounts' with them, I asked for have one set date a month for an individual payment to be paid by either standing order or direct debit to make things easier for both parties.

 

But they insisted this they couldn't do this so on five separate times of each month a different amount would need to be paid.

 

I really do think that you have grounds to make a formal complaint.

 

Regulation 11 of the Taking Control of Goods Regulations 2014 was put in place to ensure that debtors who have multiple debts (in your case with 5 Dart Charge penalties) are not subjected to paying multiple 'enforcement fees'. Given that wherever practical, all debts for the same debtor should be enforced together, then common sense alone would tell you that there can be no sensible reason why each Dart Charge is not under one account and one payment arrangement set up.

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what letters do you have from Equita?

you should have a warrant letter...

 

I have received no paperwork from them in the last 6 months.

 

Purely relied on my own calander to make payments.

 

Origionally there were five individual letters stating the £190 each,

 

i got an awful hand writted note through the letter box the day the bailiff first came to my address.

 

The only other letters are the ones i have mentioned,

 

when i have asked for statements and receipts.

 

And got through this generic one.

 

I am assuming from your post that ordinarily, you live in Hertfordshire, but due to your Nan's health, you moved into her home in Kent with your mother on a temporary basis.

 

I am confused about the Dart Charge account that you have and which vehicle is registered on the account. Is the Dart Charge account still operational?

 

 

 

As you had not been living at your usual address, to receive the Penalty Charge notices from Highways England, then you really should have submitted Out of Time witness statements for each of these penalties. You are still able to do so but from your post, it is really difficult to know which penalties are still outstanding etc. Hopefully, over the course of the day the position may be clearer.

 

What I suggest that you do is to call Dart Charge. I speak with them almost daily and they are most helpful. Their number is 0300 300 0120 and ignore all 'prompts' and wait to speak with an operator. You need to ask them for the date when each warrant had been sent to Equita. Whilst on the phone, ask whether there are any other unpaid Dart Charges that have not been sent to Equita. If there are others, ask what stage of enforcement they are at (Charge Certificate stage or Order for Recovery stage).

 

When you are on the phone, it would be a good idea to clarify the position about your Dart Charge. You can add a second vehicle to your account.

 

My dads address in kent is where my car is registered, I moved to Hertfordshire temporarily for work, but soon after my nan (dads mum) became very ill from cancer. So i was then heading back to see her in the hospice.

 

The account i have with dart charge is still open, but with an old car. They would just charge me every time i used it.

 

Taking the advice earlier i have submitted 2/5 out of time witness statements with the 2 fines that are still under enforcement. I am currently waiting for someone at dart charge to get back to me with dates of the other 3 as they said over the phone with my circumstances I could be entitled to a refund if it goes my way as all out of time whitness statements will be using the same reason.

 

Written*

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There was a small article in the paper last week where Highways England said they have handed 200610 (200k) to Bailiffs to collect in the last year.

 

The press report is here:

 

http://www.kentonline.co.uk/dartford/news/bailiffs-sent-to-dart-charge-158414/

 

I was quite alarmed to read the figures (200,610) but on reflection, if you compare the figure for bailiff visits to the number of chargeable crossings made last year (of 99 million !!!!) it doesn't seem such a high figure after all.

 

I wonder wonder Wales are kicking themselves for their decision to scrap to fee for using the Severn Bridge at the end of 2018?

 

https://www.theguardian.com/uk-news/2017/jul/21/severn-crossings-tolls-to-be-scrapped-next-year

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Only one person making money out of this and @ minimum compliance fee of £75 = £15m. OK so some will have the fees overturned & others will miss the compliance stage. Bailiffs must be rubbing their hands in anticipation.

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