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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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Talk Talk re-activated direct debit 2yrs later.


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I had a 12 month residential Broadband account with Talk Talk several years ago.

After the term was up I moved house.

 

Two years later my bank account went overdrawn for the first time ever, triggering a 1/3 strikes warning letter and overdraft charge from my bank.

(I do not have an OD agreement).

 

On investigation I discovered Talk Talk had resumed talking money out of my account to the tune of £250.

I immediately stopped the direct debit, and have since been deluged with harassing letters and emails from a debt collection agency.

What can I do about this?

 

thanks DS

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Write to the dca and say no money is owed. Tell them that any further contact will be reported.

 

Then file a full complaint to the CEO of talk talk

 

Or ignore the dca and get the complaint going to talk talk today

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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First of all you should invoke the direct debit guarantee and get your money back from the bank. The bank should do this without any questions asked – although you shouldn't always bet on it.

 

The second part of what you should do really depends on how much trouble you want to take. Companies like TalkTalk need a good slap and if you are prepared to be suitably aggressive then you should get some compensation from them rather than simply your money back and a payment of the charge. These people are such pigs that they might even say that the charge is not their responsibility because your financial problems are your own. Maybe that's an exaggeration – but it wouldn't surprise me.

 

Have you checked your credit file?

 

You can either start to get the correspondence with them and complain and hopefully they will eventually remedy the situation – but it will take some time. Alternatively you can simply send them a 14 day letter of claim and then sue them for all your losses and a figure in compensation. If you wanted to do this then of course we would help you all the way.

 

First step invoke the direct debit guarantee and get your money back. Second step check your credit file and come back here. How much are they after you for so far? What are the monthly payments?

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In this case, I wouldn't bother writing to the DCA. Deal directly with TalkTalk. If they actually decided to sue you then it would be a delicious opportunity to defend and counterclaim.

 

Also you should demand from TalkTalk a full written explanation and unconditional apology to be sent to your bank and then a confirmation from your bank that they accept the position and that your record has been cleared. If the bank refuses to clear your record on their files then I would add that to your list of losses when I sued TalkTalk

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Thanks for the replies.

I should add that I wrote to my bank mgr. (HSBC) twice about the unauthorised withdrawals, once by hand, second time by recorded delivery but got no response at all. I didn't know about direct debit guarantee. The assistant didn't mention it when I told them to stop any further payments.

 

I wrote to Talk Talk asking if they had an account with me and they confirmed they did not.

That's where I left off, overtaken by more pressing events (nearly 2yrs ago now)

 

I would like to get my money back.

Am I owed compensation?

( damage to relationship with bank/loss of funds/unlawful passing of details to third party=harassing mail)

 

I found it very hard to get any information about TT, particularly names and addresses for cases like this.

 

Thanks in advance for any advice/information.

D.

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You get your money back via the guarantee. The bank cannot refuse. As for compensation, i would request a SAR to talk talk so you can see exactly what was going on behind the scenes in relation to your account before you go down that road.

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 are very happy to help you and we give hundreds and maybe even thousands of pounds of advice free of charge. We get very enthusiastic about what we do. However it is very difficult to help someone who posts on the forum and then doesn't engage with their own problem and doesn't return for seven days. This tends to dull everyone's enthusiasm.

 

Please will you post up in PDF format the two letters which you say you have written to your bank about the payments. The banks have a duty to communicate with you fairly and it seems to me that if you have complained about an authorised taking of money from your account against the direct debit then the bank had a duty to tell you about the guarantee and to assist you. Of course the banks don't like the direct debit guarantee and very often they try to keep these things secret – or they become reluctant about helping you. We can help you deal with this and maybe get some compensation from the bank as well.

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Thanks for the reply,

The help and insights are much appreciated. Apologies for showing up at intervals...lots going on...

I will have a look for a copy of the letter and post it here as requested- as well as a personal appearance at the bank for details of the (secret) DD guarantee.

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Okay. Let's get a move on.

 

Also, which debt collection agency? Also have you checked your credit file?

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Here are the letters that were sent to Talk Talk, and my bank HSBC.

 

The bank did not respond at all, and TT responded with a letter saying they could not find an account for me on their system and could I furnish a postcode to help the search. (it was at the top of my letter...).

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The letter to the HSBC is cut off part of the way along the right-hand edge and so we are unable to see all of the wording.

 

Please could you repost both letters in PDF format and also can you please check them so that you are sure that they are in a condition in which you would like to receive them yourself if we are sending them to you.

 

Thanks

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[ATTACH=CONFIG]71246[/ATTACH]

Bank letter, 2nd try. The debt collector is Lowell Financial Ltd.

 

let's deal with the bank first. I suppose the questions you ask in your letter are interesting but you haven't invoked the direct debit guarantee.

 

You need specifically to invoke the direct debit guarantee and tell them that you want to refund all the money taken by TalkTalk. You could begin by doing this on the telephone – better to record the call – and then confirm in writing.

 

Whatever happens, you must put it in writing. If you do it on the telephone then you need to get reference number for the call. Follow our customer services guide.

 

I notice on 16 March I asked you if you have checked your credit file. I'm not sure that you have responded. We need this kind of information in order to start understanding what your losses might be and any possible claim to make

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I didn't mention the DD guarantee because I hadn't heard of it before coming on here..( the nice people at the bank certainly didn't mention it as I cancelled the direct debit.)

 

I will make the phone call as you recommend.

 

 

Credit rating: total newbie here- I wouldn't know where to begin checking my credit rating...

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Look up Experian on the Internet and you should find some way of getting free access to your credit file.

 

Have you read our customer services guide? Make sure you do that before you start using the telephone

 

I think that you can also complain that they didn't inform you of the direct debit. I think that they have a duty to tell you about this kind of thing. They will deny – but persist and tell them that you want to make the complaint and that you are prepared to go to the ombudsman if necessary because they haven't communicated with you fairly. I expect it's worth 50 quid compensation. If they try eventually to offer you anything less and insist on going to the ombudsman. It cost them 400 quid to go to the ombudsman so 50 quid is a cheap way out

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And the fact you had an account with talk talk several years ago, and they didn’t remove your personal data besides no contract or outstanding money, and then they used your personal data to reactivate the DD, is a misuse of your personal data. You should also claim compensation for that imo.

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Yes that's probably right as well but let's sort out the bank first.

 

Have you sent an SAR to TalkTalk? You were advised to do this towards the beginning of this thread

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