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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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      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.

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dissolved Company Pension trustee


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Writing about my late father's pension fund.

 

My mother just received a letter from a pension company who wrote they made a mistake and owe my late father £1500.

He closed the account 20y ago

 

I have successfully claimed compound interest against late payment charges on some credit cards - so I am just wondering if we can claim compound interest on this £1500.

Any thoughts??

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no

you mighth be able to get statint at 8%

but I doubt it.

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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how do they calculate the £1500?

 

Important question because it is likely that this is an accumulated amount and not the amount originally owed.

This needs to be asked of them.

 

If they say that it was £1500 20 years ago and nothing added

then that is something to take to the Pensions Ombudsman

 

if they dont add either interest or the capital gain on the money as it was invested at the time.

 

Get the information first rather than indulging in a fantasy

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Thanks dx

 

for my info

- what is the difference between being able to claim compound interest on late payment fees against a credit card

but not being able to claim compound interest on money that should have been given to (late) father 20y ago?

 

If 8% statutory interest may be possible to claim

- should I put the amount the pension company offered into the "statutory interest calculation" template that I would have used for my credit cards reclaim?? Does this template work for this scenario and does it calculate the 8% over the 7000+ days?

 

I had a go and the template calculated quite a large sum but then I wasn't sure?

 

For example - I inputed apx £1500 as original pension company offer amount and the template gave me interest at 8% simple of apx £2500 - would that mean they may owe my mother apx £4000?

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see EB's post above...

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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Thanks ericsbrother

 

The letter says the amount refers to "proceeds of the above policy".

 

It continues that it was a "historic processing error".

 

That "when the policy was terminated 20y ago the value paid was less than it should have been".

 

They do conclude their letter stating that they have "taken steps to ensure the beneficiaries do not lose out financially"...

 

They also apologise for their bad service!

 

I am not quite sure I understand what they mean happened.

 

You are correct that it is quite ambiguous and they may be doing that deliberately to hide a bigger payout.

 

That's why I am investigating a bit further for my mother.

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then as eluded too

she has been denied the option of having this and investing it

statint sheet.

 

but whatelse is there lurking? sar time get the truth?

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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cant see they could have offered this without it?

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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ok.

 

So is it best to first write and ask for a first response from them about the amount and where/how they came up with the figure?

Or just go straight for the jugular and get all the info from them via SAR?

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why cant you do both?

dx

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

you shouldnt even need to push the SAR bit, just ask for their calculations as to how this figure was arrived at.

 

IF they dont provide this then you take it further,

starting with the Pensions Advisory Service,

who are the little brother of the Pensions Ombudsman.

 

From what you say I assume that they paid too little at the time and have now added a sum to reflect the growth of the fund/inflation/ some other marker

 

you need to know what was the shortfall at the time and how that have calculated the figure for now.

Their answer should be straightforward

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  • 5 weeks later...

Update.

Have had a reply.

 

Pension Company say they underpaid a specific amount - just under £750 - in 98.

They have then calculated a repayment on the basis of Bank of England base rate + 1% over 20 years. They calculate this to be almost the same as the underpayment - so the total they suggest repaying is almost £1600. But they have not shown their calculation.

 

There is a website showing the BoE historical changes. So BoE rates vary from 7.5% down to 0.25% in the last 20 years.

They have not shown which % they have used or if they used each historic BoE % rate to calculate the proposed repayment figure.

 

If I put the underpayment figure into a cis template with the 98 date (7000+ days) and use statutory interest of 8% - would this be a correct method?

I have tried this method and the total amounts to £300+ more than they have offered.

 

Or is there a different % rate I should use? ie should I add 1% to the highest BoE rate (7.5% + 1%)??

 

Or is there a completely different % I should use to calculate the correct amount I feel they should repay mother.

 

Or any other compensation?

 

Thanks

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would you have been able to of invested this money if you'd had it?

or is your pension untouched and locked away so to speak?

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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It was late father's pension. He was scrupulous about where he invested his money. So I guess the answer is yes - he would have invested it. And then started reaping the rewards due to being able to...

What difference does this make to mother's next letter to pension company?

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IMHO they should then be giving you 8% statint like the FOS recommend on say a PPI refund

because he could have invested at that rate

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

then you should respond and ask how much would £750 be worth if invested in the fund wth all monies reinvested. If it was a unit trust then what did the units cost then and what are they worth now?

 

Investments have nothing to do with bank rates and they know it, that is just laziness on ther part. Any idea what thescheme the money was in was called as you can often find published details as they have to produce them.

 

In short, money I have in a pension scheme from about the same time has QUADRUPLED so that should give you a guide to performance.

Tell them to go and think about it a bit more and produce the correct figures for investment growth (and no deductions for management as it was their cock up)

Edited by Andyorch
Paras
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Gosh - thanks ericsbrother.

i have no idea of the details of late father's pension. So yes - another type of letter can be drafted and sent to the pension company asking for the details you have outlined. Thank you.

And I like the idea of 'no management deductions' !!

Thankfully caught sight of your post as I was just about to draft the stat int claim letter!!

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Agreed ericsbrother. I think I will still write/ask about the type of fund etc you mentioned above. Maybe the units did fare better than just claiming stat int 8%.

Will write and update when hear back.

Thanks

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Writing about my late father's pension fund.

 

My mother just received a letter from a pension company who wrote they made a mistake and owe my late father £1500.

He closed the account 20y ago

 

I have successfully claimed compound interest against late payment charges on some credit cards - so I am just wondering if we can claim compound interest on this £1500.

Any thoughts??

 

You sure this payment does not include the compound interest already?

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Thanks Russell - as per post #16 they have since advised the original figure that they underpaid and to which they added bank base rate +1%. The updated question is if stat int % is applicable or the unit trust value? Will update the thread when have a reply.

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