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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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      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.

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Laptop problems from Very - now ive issue court claim - help please


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I ordered a Lenovo laptop from Very in November 2016 for a birthday present in December.

It was around £375.

I tested it before we gave it to our daughter on December 21st and it was fine.

She used it to browse the Internet, watch YouTube and play games. And occasionally used photoshop.

 

Around May 2017 I did a scan using the lenovo help centre application that came with the laptop and there was a couple of hard drive errors.

I contacted very and they said to contact Lenovo which I did.

They said it was hard drive failure and we arranged for it to be picked up and taken to to Germany to be repaired.

It took a little over a week to come back. They replaced the hard drive.

 

I switched it on and there was strange display issues.

The screen was glitchy and it was unusable.

I contacted lenovo again and he told me to try a few things which didn't work so he arranged for it to be picked up again and taken to Germany for a second time. When it returned to us they had replaced the motherboard and the processor.

 

This was around June 2017 and its been working okay until this week when it won't even turn on.

I've just about had enough with very and lenovo.

I know the warranty is up but surely after replacing three core parts of the laptop I shouldn't be having yet more issues.

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Lenovo Services and Warranty | Lenovo UK

https://www3.lenovo.com/gb/en/services-warranty/

STEADFAST RELIABILITY. Lenovo systems undergo stress tests to meet rigorous reliability standards. Many of our laptops pass 8 military tests for extreme condition with dust and vibration, heat, cold, altitude, water, and humidity. SEE THE OTHER REASONS ...

 

 

does it?

:mad2::-x:jaw::sad:
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  • 2 weeks later...

CRA is against the retailer

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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Your rights are exactly against Very as they are suppliers. Don't expect them to be helpful. In fact I think I read just yesterday that either they or their parent company are in trouble and are laying off about 2000 employees.

 

If I were you I would move quickly on this. Write a letter to very and tell them that you hold them responsible and that you want it repaired or replaced. Point out to them that it is their responsibility under the Consumer Rights Act.

 

I doubt whether they will be very cooperative and I would plan threatening and beginning a legal action pretty quickly. It's not worth mucking around with these people. Although you seem to have had a very fast turnaround last time, if very send off repair this time I would be at all surprised if it is several long weeks. I would say that it would be reasonable to expect it to be repaired and returned to you within three weeks.

 

Read our customer services guide and implement the advice there if you are thinking of doing anything on the telephone. We get lots of stories about Very here. They're certainly not the kind of company that I wouldn't do business with

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  • 1 month later...

Received this email from very.

 

 

 

We are sorry to hear about the current state of the item.

 

We have looked into your account, and we regret to inform you that the item is outside from both the Home Approval Guarantee period and the Supplier's 12 Month Warranty period.

 

A way forward is to obtain an Independent Report from an Engineer to inspect the item for manufacturing faults, and forward the report to us.

 

Please be advised, the report must display the following details:

 

Contact details of independent Engineer

Clear letterhead showing on the top of the report

The description of the manufacturing fault found

The cost of the repairs

 

Upon receiving the required information, we will further offer our guidance and advisement, for a proper resolution.

 

We apologise for any inconvenience caused.

 

Kind Regards,

 

Vuyo Nyati

 

Very customer services team

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I have no idea why you have allowed this to go on for so long. It's over a month hence we advised you to contact them and to lay down on the line. Now you have received a perfectly predictable reply from Very who are a niggardly capital company that frequently attempts to deny their customers their customer rights. I can think of parallels with Currys/PC World.

 

They are playing you like a fish.

 

There are three ways you can deal with this.

You can either let it go and put it down to experience.

Or you can do what they say, find yourself an independent engineer, pay £100 or so for a report, send it off to Very and then wait for another month or so for their reply which may or may not agree to give you what you want – but probably not.

Or you can take control of the matter – take a risk on the claim fee, and write to them and given 14 days or you will begin a legal action – then bring it. Don't bluff and don't muck around. In this case, they would probably say they want a report – if it goes to court, then easily take the laptop to court, explain to the judge what has happened and switch on in front of him. When it doesn't switch on you simply invite them to draw his own conclusions as to whether or not this is satisfactory quality and for a reasonable period of time. You have an 85% chance of success. The chances that Very will bottle it and pay you out rather than go to court are probably about 70%.

 

So there is a slim chance of losing and if you do lose then you will lose your claim fee – about 50 quid and also a hearing fee – which might be 100 quid or so. Somebody else can put me right on this – or you can go look it up.

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By the way, I don't think we asked you how you paid for this. Was it with a credit card?

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Or how do pay your very account

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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By the way, I don't think we asked you how you paid for this. Was it with a credit card?

 

It was with a debit card.

 

I had previously sent 3 letters which they ignored. I have 2 phone calls which I have recorded and I am sending a letter before court action this morning.

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  • 4 months later...

Or run it till the last minute and see if you blink first

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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  • 3 months later...

I posted previously about taking Very (The catalogue) to court as they sold us a laptop that was confirmed by Lenovo to have a manufacturing defect.

 

The court date is January 29th 2019 and as the Very account is in my partners name I will be acting as her lay representitive in court as she suffers with anxiety and couldn't cope.

 

Very's solicitor have submitted their defence. I have never been to court before let alone spoken in court so any advice would be really helpful.

 

A brief overview of the case: Very sold us a laptop November 2016, mid May 2017 there was hard drive issues, sent to Lenovo head office where they replaced the hard drive. When it was returned I switched it on and there was graphic display issues, contacted Lenovo again and they said to send it to them again which I did. When it came back they replaced the processor and the motherboard. It stopped working again around June 2017.

 

I have emails from Lenovo saying there was a manufacturing defect which I will provide in court.

 

What are my next steps? Is there a court statement template I can use or can I just type something up myself? Also as I am going to be a lay representitive as stated above, do I need to do anything regarding this before the court date?

 

Sorry for rambling but my daughter has been without a laptop for so long and is now in secnodary school and could really do with one.

 

Happy to answer any questions.

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threads merged

please keep to one thread.

 

bankfodder will help you with you court claim.

 

post up their defence and the POC of your claim to ONE multipage PDF please

read upload

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

threads merged

please keep to one thread.

 

bankfodder will help you with you court claim.

 

post up their defence and the POC of your claim to ONE multipage PDF please

read upload

 

Yes please. Don't hang around. You should have involved us with this more closely and earlier.

 

You could have made a familiarisation visit. You still could but it may be a bit late

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