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    • 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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delux-bathrooms - Which address to use for MCOL and are my POC ok?***Paid in Full***


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Hi

 

I'm about to file a MCOL. I bought a new radiator in March 2017, it developed a fault (metal started to bulge and cause a leak) in February 2018 and defendant has ignored all attempts to resolve.

 

Defendant is a company that also sells on ebay - http://www.ebaystores.co.uk/delux-bathrooms

 

Before sending my first letter I looked them up on companies house and ended up with three addresses and thus sent three letters recorded.

1 - address listed on ebay page - the letter was returned as not called for.

2 - address listed on companies house - the letter was signed for by unknown.

3 - director address listed on companies house - this was signed for by the director and name matches that of the seller on ebay.

 

This is how it appears on ebay. Ha Ma is the director who signed for the letter.

 

1me12.png

 

Should I raise MCOL against the company but with the directors address?

 

Here is my POC:

1. Claimant entered into contract with defendant for the sale of a new vertical radiator for £128.99 and paid the price on 9/3/17.

2. The radiator developed a fault on 8/2/18. Under Consumer Rights Act 2015 goods must be of satisfactory quality and fit for purpose. Furthermore radiator was supplied with a 25 year guarantee.

3. Claimant sent email to defendant on 9/2/18 seeking repair, refund or replacement. No response.

4. Claimant sent further letter on 16/2/18 seeking resolution. No response.

5. Claimant sent letter before action on 30/4/18 seeking resolution. No response.

6. Claimant has purchased identical replacement radiator and seeks reimbursement for replacement at £146.99.

 

Thanks, Kris

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Yes it's fine. A bit too detailed but it's fine.

 

What about installation costs? What about the cost of disposing of the old one?

  • Confused 1
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In terms of service, – yes send it to the address with the director which was signed for. Also, send copies to the other two addresses – just to be sure – and complete certificates of service within seven days.

 

This isn't completely necessary but it costs you nothing so why not?

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Plus section 69 interest 8%...must be stated within your particulars at the end.....assuming you want to claim it.

 

 

Andy

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hi, how do i send copies - do i need to tick that i am sending detailed particulars? i'm at the payment stage and reluctant to proceed in case i've missed something

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" do i need to tick that i am sending detailed particulars? "

 

Yes.....but is it necessary?...the above looks fine for the initial claim.....you will expand at witness statement stage if they submit a defence.

 

 

Andy

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How many defendants are listed on the claim ?

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So where do multiple addresses come into play ?

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Service of the claim form where before service the defendant gives an address at which the defendant may be served

6.8 Subject to rules 6.5(1) and 6.7 and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision –

 

(a) the defendant may be served with the claim form at an address at which the defendant resides or carries on business within the UK or any other EEA state and which the defendant has given for the purpose of being served with the proceedings; or

 

(b) in any claim by a tenant against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 19875.

 

(For Production Centre Claims see paragraph 2.3(7A) of Practice Direction 7C; for Money Claims Online see paragraph 4(6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)

 

(For service out of the jurisdiction see rules 6.40 to 6.47.)

 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

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So where do multiple addresses come into play ?

 

Before sending my first letter I looked them up on companies house and ended up with three addresses and thus sent three letters recorded.

1 - address listed on ebay page - the letter was returned as not called for.

2 - address listed on companies house - the letter was signed for by unknown.

3 - director address listed on companies house - this was signed for by the director and name matches that of the seller on ebay.

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Refer to ....

 

Service of the claim form where before service the defendant gives an address at which the defendant may be served Rule 6.8

Service of the claim form where the defendant does not give an address at which the defendant may be served Rule 6.9

 

In the above link.

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Ok thanks for the link.

 

6.9 (2) #6 is accurate but can the directors registered address be classed as a "place of business"? The directors address was the one address out of the three that seems more likely to reach him.

 

Option 2 >>

 

The 'Business Seller Information' on the eBay selling page is thus:

 

Delux Bathrooms Limited

Ha Ma

144 Sabell Road

etc

 

'Ha Ma' is the directors name according to Companies House. Given that his name appears as part of the transaction could I sue as an individual thus paving the way to use the directors address as registered with Companies House?

 

Or option 3 >

 

serve papers on all three addresses.

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MCOL will only serve it to one valid address...so you pick the best possible and enter it under your claim.

We could do with some help from you.

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  • 4 weeks later...

Hi, the defendant paid up :)

 

I marked MCOL as paid and the defendant did the same. I received a 'Notification of Defence that amount claimed has been paid' with form N9B from the CCBC which states I need to tell the court what to do next. This would have been sent before I marked it as paid. Do I need to send the form in? I hoped marking it paid online would close the case

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Informing the court of settlement / withdrawing the claim

 

If you receive payment immediately after you submit the claim please note that although you can withdraw the action online, the claim forms will still be issued so you will not be eligible for

a refund of the court fee.

 

If the defendant pays you after the claim was issued, you may still be able to pursue them for the fees (although the defendant may file a defence disputing the fees). If you are willing to accept the amount you have received in settlement of the claim, you can mark the case as paid by clicking on ‘update claim status’ button.

 

If you receive partial payment after issue, then you do not need to let the court know until full payment is made. The defendant may file a defence for the remainder of the claim; or, if they do not respond to the claim, you may request judgment for the remaining balance once their time to respond has expired.

 

To withdraw the claim click on ‘update claim status’ button

 

 

Well done kp I have amended your thread title to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

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  • dx100uk changed the title to delux-bathrooms - Which address to use for MCOL and are my POC ok?***Paid in Full***
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