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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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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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MCOL court appearance fee missed payment - He brought a car from a used dealer. ***Resolved***


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I am helping an elderly relative (91) with a court claim. Wer are getting the witness statement ready as there are only 3 weeks until the court date.

 

He received a letter in december and should have paid his hearing fee in february. Its new to me, but I think the court will strike out the claim.

 

He is unsure if he paid it, if he has not what is the worst case?

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I think there is some allowance for LIP - Your best bet is to contact the court tomorrow... They will be able to inform you of the status etc...

 

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  • 2 weeks later...

To answer the question, I spoke to the court and they allowed me to make a payment for the fees.

 

If the defendant has contact the court before I did, they would have had no choice but to strike it out.

 

I paid the fees and sent a witness statement that arrived 15 days before the case.

 

Today we have received a defence (in the wrong format) which they claim to have sent previously. This could get interesting. :)

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Hello, all. Preparing for the big day (Friday). We have paid out court fees and sent witness statements recorded post to court and the defendant, it arrived 15 days before the court date.

 

The defendant has sent a witness statement, which arrived only 8 days before. Am I correct that this is too late?

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The Court Order (Notice of Allocation to Small Claims Track) will tell you when the witness statements needed to be filed and served. Usually for a small claim the evidence must be sent to the other party and the Court no later than 14 days before the hearing, so if that's the case, then yes 8 days is too late.

 

Do you suspect that he has used what's in your witness statement to prepare his own?

 

As you're at Court in less than a week it is unlikely that any correspondence you send to the Court at this stage will be considered before the hearing, but you could send the Court an email and ask for that to be placed on the Court file before the hearing (if you do send it, make a copy and ensure you take that to the hearing with you). Bear in mind if he's sent it late to you, he's probably also sent it late to Court.

 

You can flag the issue up to the Judge on the day of the hearing - the consequence of the late filing is, according to Civil Procedure Rule 32.10:

 

32.10 If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.

 

If you think (and the Judge agrees) that he's used your witness statement to prepare his own, then his failure to comply with the Court order has given him a significant tactical advantage, and the Court could then strike out his witness evidence altogether.

 

The likelihood of that happening is low on a small claim, but it's worth a shot. Depends on the Judge you get. If you don't ask you won't get.

 

Good luck.

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We won!

 

tldr

 

It wasnt easy and most stressful.

 

First of all we arrived at 930 in good time for 10am and was told to wait in a side room. At 1015 we were told that the judge was running late and would need to wait until at least 11. Finally get into the room at bout 1110, us one side, judge in the middle and arthur daley on the other side.

 

I handed a copy of the email to the judge and explained that the defence statements were delivered late in an incorrect format and that 2 of the 3 witnesses were not present. The judge was very rude and said that we had not filed a statement and so had no choice but to file in favour of the defendant. I had a copy of proof of postage, copy of recorded delivery, the name and signature of the court admin person who had signed for the statement (15 days before) and a copy of the statement. The judge reluctantly accepted this, but even though the court had clearly lost my papers and I should not have been blamed for this.

 

The defendant was quite agressive, blamed europe for stupid laws and said that my great uncle was at fault for not allowing them to patch up the car.

 

Eventually the judge ruled in our favour and the defendant tuned his chair to have his back to the judge and muttered to himself.

 

The judge awarded us a full refund, costs (aa report, my wages) but refused to allow us compound interest. The reason for this is that we had not shared the AA report with the garage (as advised to the old chap by citizens advice).

 

I will come back later and do a more detailed guide as I would like to help others who have problems with a car. Much appreciation to all who have helped here.

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Just when I thought it would all be simple!

 

The money wasnt paid monday morning as promised.

 

Yesterday, the old chap received several phone calls from the garage. They told him they decided that they wish to inspect the car again before they decide if they will pay or not.

 

They had already requested this in court. The judge said that they could not.

 

I have now recieved this email:

 

We have telephoned the number given to us by Mr XXXX (XXXXXXXXXX) today for contact  
Despite Mr XXXX answering the phone, he denied it was him.  
The phone is now not answering.  
We would like to make an appointment to view the car so that payment can be arranged.  
Please could you inform us of a convenient time and date within the next seven days; we would require Mr XXXX to be present.

 

I am tempted to respond asking them not to harras an old man (who isnt dealing with this well) and remind them that high court enforcement action will commence on the 20th.

 

Any thoughts please?

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They have a Judgment against them which orders them to pay within a certain time (or forthwith).

 

The time for disputing this has come and gone and as such they don't need to inspect the car, and you don't have to let them. The Defendant was at the Court and has no excuses.

 

Therefore, I would suggest that you write to them and tell them if payment is not received in your (dad's?) account by Midday next Friday (due to bank holidays or I'd only give them till Wed), then you will be instructing a High Court Enforcement Officer (if your Judgment is over £600 or County Court Bailiff if less than £600) to recover the monies, which will mean the garage has to pay more.

 

Have you had a copy of the sealed Judgment order from the Court yet? If so send a copy of that with your letter/email.

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This Friday 30th March...tomorrow !!

We could do with some help from you.

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Oh ok, well in that case remind them that payment is due by 6th April and that if they don't pay enforcement action will be commenced. And re-iterate that the matter has already been subject to a trial and that they have no reason to inspect the vehicle now, and therefore you/your dad will not allow them to do so.

Edited by dx100uk
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Which is a bank holiday so if you don't have payment in cleared funds by close of business today they'll be in breach.

 

Not technically ....its a banking holiday but not a bank holiday...surprisingly, Good Friday and Christmas Day are not official bank holidays in England, Wales and Northern Ireland... It would appear the term has little relevance in the modern world, and in any case may only reflect when a physical bank has its doors open to the public. Payment transfers etc should not be affected in any way.

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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I suggest that you don't write them but you immediately contact HCEO and put it in their hands. It should cost you £66 or thereabouts for the transfer up fee and you will get that back on the successful execution. Just make sure that you get a commitment from HCEO that if the execution fails that there will be no further cost to you. Most of the High Court enforcement companies do this.

 

I don't see any point in writing. They have a court order. They broke the deadline and now they're trying to argue. Put in HCEO and don't bother to get involved in any more correspondence.

 

Do you know which dealer you're talking about here?

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Dont think its due until the 6th April

Edited by dx100uk
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Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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