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    • 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.    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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      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.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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THE GRIMSBY AND CLEETHORPES STOVE CENTRE LTD - Retailer Refusing Refund - *** Resolved ***


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Hoping someone can help.

 

We called into a local fire/stove shop as we wished to have our gas fire removed and a wood burner installed.

Chap came round, checked everything and advised due to space we could only have an inset wood burner.

 

He showed us no physical examples just a couple of pictures from the web.

He provided us with an esitamate with his terms stating payment of half upon ordering and the remaining half five days before installation, the fitter to be paid directly upon completion as they are sub contractors. We duly paid and arranged a fitting date of last Friday.

 

The fitter removed our gas fire and found a live electrical socket embedded in the chimney behind it, and advised he could not fit the wood burner whilst it was still there which was quite understandable.

 

A builder working next door came and had a look and arranged for an electrician to come and make the socket safe, which he did and he advised that he had no idea where the wires were coming from as they were encased in concrete in the chimney breast. The fitter said he was still not prepared to fit the wood burner as it stands.

 

We rang the shop and the guy originally said the manufacturer would take the item back less a hundred quid, we felt we were entitled to a full refund because it can't be fitted due to health and safety issue.

 

We agreed to have the hundred quid knocked off the refund and advised that we would look to recoup that amount later,

the guy in the shop promptly hung up on us..

 

we emailed and asked him to process the refund and he emailed back threatening to charge us for storage of the wood burner and said it was totally fit for purpose and that we would come round and chase the wall so the wires could be pushed back, we declined as he is not a qualified electrician but we can't understand why he suddenly changed track and went on the defensive.

 

We paid by credit card, despite him wanting us to pay by Bank transfer so I guess we can down that route if he doesn't give us our refund?

 

Also because we did not physically see the wood burner before it was brought in by the filters we think we might be protected by the Consumer Rights Act which says you have fourteen days from receipt of the goods to return it because the law states you should be allowed to see the product or experience it before making a final decision.

 

We don't really want to go down the legal, route if we can help it but we can't afford to write off £2K

 

Anyone offer any advice on whether we are protected or not?

 

Thanks

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i wonder why he wanted you to pay by bank transfer.... :) he knows that by CC there are rules. Bank transfer, once the money is in the account, you have zero comeback

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Well, he;s obviously trying to avoid his responsibilities. And legal route? Just go to the CC and start a chargeback.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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But will they do it?

 

Effectively there is nothing wrong with the goods apart from they can't fit them unless we have electrical works carried out which will be costly and which we can't afford,

 

he has the woodburner and our money but could say we can have the woodburner back

(obviously we don't want it back as it's no use to us)

 

so were hoping that because we hadn't seen the item before it was delivered we would be covered by the consumer contract regulations

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Could use an ADR

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ahh thanks. Its silly i never noticed that.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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We spoke to a solicitor yesterday who says we are covered by the Consumer Contracts Regulations 2015 and are entitled to a full refund.

 

We have once again emailed the guy,

advising he has to give us a full refund within 14 days of our cancelling in writing which we did on 31st Jan,

 

solicitor says if he doesn't refund by 14th Feb he will take up on our behalf.

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You don't need a solicitor. You can do it yourself for free

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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you cant reclaim solicitors costs so you would be better off staring a claim yourself.

We can advise what the procedure is and what to put in the claim.

 

It is usual for the sller to pay up once the claim form hits their doormat as they know that you arent going to let the matter slide.

 

You have been a member long enough to work out how to navigate the forum and to pick out the relevant bits

so from now on you dont use email,

you write proper letters and send them to the business address.

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We also put a couple of our emails in the post to him, and sent via signed for post,

he has signed for them so can't say he hasn't received them..

 

solicitor would just send a letter and if he still doesn't pay up we would go through small claims court,

 

I will come back as and when I need help with the forms etc.

 

Thanks for the advice so far

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but at the moment you are throwing good money after bad.

recorded post, solicitors etc.

 

you have over 1300 posting so you should know a little about how things work by now or at least know where to look.

 

Just trying to speed things up and reduce your costs.

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This bloke is still ignoring us, he won't reply to anything we send and hasn't issued refund.

 

Come Wednesday when the 14 days are up for issuing refund as per Consumer Contracts Regulations 2013..

.can we just issue small claims court procedure?

 

Been reading about pre action protocol but not sure if that is applicable in this case?

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if you have sent a letter telling them what you want and when you expect it by and warned them that you will take court action to recover the amount owed plus expenses then yes, just get on with it.

 

For the CRA it is the date you raised the matter that is important, not the date of your last action.

 

your solicitor should have made this clear both to you and in his letter to the company.

 

It may be that he didnt knowing very well that he would then generate further business by doing things slowly

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We've not used solicitor for anything more than a free phone call...

.we have letter before small claims all typed up and ready to send if he doesn't comply with refund by end of 14 day period,

 

we will give him a couple of extra days after then as I'm in hospital next week..

 

.so we send it off, give him 28 days to respond and if nothing whack in the small clams court?

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Yes If you threaten to do it, make sure the second the timeframe elapses, you file that claim. Be professional with it. Don't feel you have to be kind to them. Get the claim in, and you want nothing short of a refund as a result.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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why give him an extra couple of days? It makes you look like you arent aht bothered.

 

We've not used solicitor for anything more than a free phone call...

.we have letter before small claims all typed up and ready to send if he doesn't comply with refund by end of 14 day period,

 

we will give him a couple of extra days after then as I'm in hospital next week..

 

.so we send it off, give him 28 days to respond and if nothing whack in the small clams court?

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