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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • 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.  
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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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NRAM interim charging order, advice needed


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We have a de-linked unsecured loan (part of together mortgagelink3.gif, but we moved mortgagelink3.gif) from 2006 for £29k,

we have never missed a payment,

 

the past few years we have had agreed,

reduced means tested payments

NRAM passed it to a solicitor who have managed to issue a CCJ against us after saying we missed six months payments..we didn't.

 

We called the solicitor from the CAB on the morning of the court date (October 2017) and CAB manager explained we hadn't missed any payments.

 

They agreed to stop the court action that day (in an unrecorded phone calllink3.gif!) CAB manager then asked them shall we fax the court form in and of course they said no, it's ok.

Well they didn't stop the court action and got the CCJ..

 

We went back to CAB in February and the manager called them again,

they had an interim charging order by now..

 

we sent a letter on my insistence to the court with proof of all payments and got the court transferred to our local court 2 weeks ago.

 

We thought this was to appeal the process but the judge explained it was to make it into a final charging order.

 

Unfortunately we have had really poor advice from our local CAB debt manager and didn't apply straight away to stop it or set it aside straight after.

 

The judge seemed sympathetic and said we have been poorly advised,

adjourned until early September as we said we cannot be certain we still owe £29k as we have paid off over £17k and now the debt is back to where it started.

 

I assume NRAM have whacked on a load of interest and charges when we were on reduced payments.

We hope we can prove we owe significantly less than the £29,500 they say.

 

I am about to send off a SARlink3.gif today using your template as we haven't had statements since 2011,

which I now know to be because our regulated loan was in fact unregulated...

and isn't covered by CCA.

 

It's a living nightmare,

I'm convinced they will then go for an order of sale,

even though they say they won't.

 

NRAM have spoken to us as though they have no control over the solicitor's actions and are being vague.

I don't want them having control over this,

 

I have a 12 year old at home who is settled and doing so well at school..

we had every intention of settling when we sell in 11 years at the end of our mortgage and have never missed a payment.

 

I hope I can get the statements back in time to look through them and they don't delay the SAR process too much with delaying tactics.

 

Any advice would be appreciated!

 

And do we send one SAR with both our names,

signatures etc on it,

and do we ask for just the statements since 2011 or everything?

 

Many thanks.

Edited by honeybee13
Paras
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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Unsure why you started it in Bailiff Discussions Forum ?

 

Andy

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they have 30 days on the sar

yes one only in both names

sign it too.

 

if you've moved since taking this out inc a copy of your CTAX bill as advised in the SAR thread

 

yes there will be £100's in fees and probably lots of unnecessary insurances too.

 

do you still have the agreement?

 

if so scan it up with whatever else you have to ONE multipage PDF

read upload

ensure you redact all pers details and ref number/barcodes etc etc

but leave dates and figures please

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,

yes we have the agreement, and all paperwork up until 2011.

 

I will have to get it from my other half later as he stores everything away, and then I will scan tomorrow and upload. I can't do it at home.

 

One more question, on the SAR do we use either the first or second paragraph?

 

They seem similar.

'Please supply me with copies'..

or.. ;Please note that I require;..

And would it be easier to just ask them for all the statements rather than everything?

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everything they hold on you and your partner

numbers are immaterial.

 

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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  • 1 month later...

Hello, sorry for the big delay, a lot has been going on.

I finally got the bundle of data from NRAM,

I've looked through a lot of it and can't really find any discrepancies.

Although I'm not really sure what I'm lookng for.

 

It looks like from 2006 to 2011 we paid about £17k (we have paid nearly £19k in total) and only about £2,000 came off the loan!

We still didn't have any statements from 2011 to 2018

 

we got a solicitor (via my brother-in-law who suggested we use his solicitor) to write to NRAM's solicitors asking them to provide a comprehensive statement to date, or we would seek an adjournment.

 

He told me it is totally unacceptable for a company such as NRAM to not provide up to date information..

and that this should be exploited in our defence.

 

After no response, they emailed the solicitor today saying apologies for the delay, the letter required is in the post!

The solicitor we are using deals in property related disputes but is not (I now find out) an expert in this area.

 

He has told us to file the N244 to set aside judgement on the grounds we didn't have up to date statements etc..

I explained to him the judge said we can only apply to set aside if

a) we can show we owe significantly less (at least more than £10k less) and

b) we can explain why we waited so long and haven't applied to set aside straight after the ccj

(this is because CAB took the word of NRAMs solicitor on the phone that court action would be stopped and we didn't need to send in the court appeal form... still makes my blood boil that we allowed CAB to make the decision to take their word for it on the phone and then tell us not to send the form in)

 

I feel like we have come a full circle, and now have a solicitor who has told us what we knew already and were told about by the judge.

I was hoping he would be able to come to court and seek another adjournment or something, but he is going away on holiday.

 

I am going to have to ring around solicitors tomorrow and try and find someone who really knows everything to do with this.

I am going to upload the agreement etc on the link provided above.

Just trying to convert all to PDF.

 

The solicitor thinks it's worth applying to set aside anyway (even though it's £252) quote..

.'' I feel rather like a doctor when I say if you don’t intervene, its going to get worse.

 

If NRAM can sue you on the basis of their figures, they must know what the figures are and they must be able to justify them.

If the judge is to make an order he must know what the figures are.

 

You are already fighting an uphill battle because judgement has been entered:

and the only way to counter that is to try to set that judgement aside,

and then get NRAM to justify their figures in detail.

It is clearly unacceptable for a large company’s figures to be seven years out of date: you have to exploit that.' unquote...

 

.. part of me feels we should try to set aside ..

but if we don't have the reasons required as instructed by the judge, it could simply just be a waste of money.

 

However, I don't know how long this letter will take to arrive from NRAMs solicitors

I could apply to set aside as we haven't received the information yet. (?)

 

But if the information arrives in time for the case on 5th Sept and shows we do owe the amount (or near it) this surely would counteract our application..

sorry it's late and I'm rambling a bit.

 

I am going to the GP tomorrow as I was having heart issues from October last year, straight after the CCJ notification and visit to CAB,

 

I have had many investigations, monitoring etc.

but nothing serious has been found.

It's probably stress..

 

but as the court date gets closer my symptoms have got worse again and my palpitations feel more extreme than ever.

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you will need to scan up everything in the sar [statements etc] to one multipage PDF.

 

then the experts can advise

 

follow 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

you will need to scan up everything in the sar [statements etc] to one multipage PDF.

 

then the experts can advise

 

follow upload

 

OK, that's a lot of paperwork, it's thicker than 2 yellow pages. Thankyou, might take me a while.

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