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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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    • 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.

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      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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      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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Mortimer Clarke claiming judgment issued - no trace of judgment vanquis - *APOLOGY & COMP RECEIVED*


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Hi all.

 

Right so I had a Vanquis credit card, it defaulted in 2015 with about 3k owing.

 

Ive had various letters about it from Cabot (whom the debt was assigned to at some point) and Dydens.

 

In 2016 I recived a latter from Drydens, threatening legal action and also making lots of inaccurate statements about the CPR and legal process, etc...I replied to Drydens asking for the usual stuff, letter of assignment etc, they replied saying they were halting any legal action.

 

In 2017 I received a letter from cabot again saying no legal action would be taken.

 

Then last week I received a letter from Mortimer Clarke saying that they were now the solicitor AND also including form N434 - Change Of Legal Representative but on this form it staytes Claimant = cabot, Defendant = Me, Claim Number is blank.

 

The actual letter claims judgment was made against me on .... (yes that what it says, there is a blank space !).

 

I have not received any letters about this claim, I suspect there is no claim, I phoned Mortimer Clark who said the claim was performed by previous solicitors Drydens and that they didnt have the claim number..hhhmmm

 

Ive phoned cabot who know nothing about this so it look very like;ly there is no claim.

 

Im surprised though that MC are prepared to lie in this manner, it appears to be it could have serious repercussions.

 

An obvious give away is the form N434 they sent me, this is required to be sent to all the parties and the court, are they seriously saying they sent this to the court without a claim number !!???, as I found out this couldnt be a admin oversight as they dont actually know the claim number.

 

Any thoughts on what next ?.

 

I intend to phone Drydens to hear what they have to say.

 

Phone Northampton Court, not sure if they can help with a claim number but Ill double check there hasnt been claim.

 

Write complaint to Mortimer Clark, why are they misleading me, is this fraudulent ?, they are after all trying to pressure me to pay what hasnt been adjudicated on yet. Follow up this complaint to SRA

 

Andy

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Nope..I checked the CCJ system and it says no......credit report shows nothing (now there could be delay but I doubt it).

 

Just spoke to Drydens..they closed account and have no involvement since 2017 and didnt take legal action.

 

So its not good enough to laugh at MC, I want to make things seriously bad for them..many people might of seen letter received and paid up believing judgement had been issued.

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I'd begin with an SAR.

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There is a procedure where you can complain about such abuses of process and telling porkies like that to the courts service. Admittedly when I have done this it didnt result in anything visible but if you can get the courts service to even comment on it then you have somehting to take to the SRA with a complaint abiut MC telling lies, abusing the court forms and so forth. Best you can hope for is a slap on the wrist but if they get a bundle of complaints like in the CEL/Shwartz case they may well take further action

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Thanks..Ive looked at SRA site, it says complain to solicitor in first instance..done that..asked for some comp too.. I spent quite a while phoning the various companies and £6 to check CCJ....

 

Ill let you know what happens :)

 

I find it hard to believe that the court form went anywhere near the court..there is no claim number on it..Im pretty sure a court wouldn't accept it even if they did send it.

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I remember sending my complaint and a copy of the fake form to Northampton CC but cant remember how I had to address it. I know it got lost in their internal system for a while because it didnt have a claim ref number (duh!) and it all died a death as far as went regarding communicating with me but there again if they are going to do someone for abusing their copyright or forms then it isnt necessary to inform the person complaining.

I suspect as said they will get a ticking off, promise to never do it again and be back at it on monday

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I spent quite a while phoning the various companies and £6 to check CCJ....

 

Unless you are recording these calls, stay off the telephone. Get a paper trail going where they are telling the porkies, and then you can bury them in the proverbial when the time comes.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

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moved to the provi forum.

make sure ALL your old addresses are showing on your credit file andy

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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Good outcome..full apology from them..plus going to pay compensation :)..not convinced it was just an error as they stated....the alleged judgement date was missing plus they would never send communication to MCOL with no claim number..seems to me a crap attempt to obtain money from people by scaring them.

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  • 3 weeks later...

So final outcome is all good.

 

Compensation received.

 

Plus I think its given Caboot a boot up the backsides..as Ive just received 2 letters from them, one is about this debt where they state they cant provide the agreement and therefore wont be taking any further action as they acknowledge they'd lose in court AND another letter about another debt with them which I reminded them is stat barred..they said this one is now closed completely.

 

So 2 debts now gone (one technically still there but nothing they can do) and some compensation :)

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