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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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    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like

Passport question


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This is driving me mad, why do passports have to be so hard work, why can't I just choose my window cleaner, why are things so difficult :(

 

Absolutely. We should make it that anyone can vouch for you, with no regulation or accountability.

 

Make it easy. That way anyone who wants to open bank accounts with a false name or defraud people can do so even more easily.

Sheesh!

 

Mind you, if your window cleaner has known you more than 2 years, and is a director of their own limited company : sorted, even within the current regulations ......

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Update: Yesterday, one of my teachers contacted me on Facebook as I posted in a group asking if anyone knows who can sign my passport and she sent me a message saying she can sign it when she get's back from her holiday on September 9th, so that's my holiday to Benidorm sorted haha! Can't wait... :)

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Need more advice please,

I have now filled in my passport application form what I got from the post office and also my friend who is an health nurse has filled in her bit where she has to put her details and sign and also sign my picture.

 

Now, where we put the date on the last page on section 9 and 10, we put the 14.09.2018 but I am not going to post it at the post office until a day later on the 15.09.2018 as I am in work on 14.09.2018 - will this be an issue?

will my application get rejected if I send it on the date that I haven't put on the form?

the same with the picture as well as my friend put the 14.09.2018.

 

Can someone please let me know as I am worried I will have to fill out the form again if I done it wrong, thank you.

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doesnt matter

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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Hi CT.

 

 

Are you serious about a day's difference in the date? I'd be amazed if it's a problem.

 

 

Have you checked the Passport Office list to see if your health nurse friend can countersign the form and photo? I thought your ex-teacher was doing it.

 

 

 

HB

Illegitimi non carborundum

 

 

 

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Hi CT.

 

 

Are you serious about a day's difference in the date? I'd be amazed if it's a problem.

 

 

Have you checked the Passport Office list to see if your health nurse friend can countersign the form and photo? I thought your ex-teacher was doing it.

 

 

 

HB

 

Hi, I was just a bit worried that the date might be an issue? my neighbour is doing it now, and yes, she is on the list of the countersign on GOV website as she is a nurse like I stated.

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OK she's a nurse but the Passport Office website states she need to have one of two qualifications, have you checked that?

 

 

HB

 

Yes I have Honeybee13 - I contacted her on Whatsapp and she told me this: Qualified healthcare assistant with Level 3 diploma in health and social care. Not sure if she has one of them qualifications what stated on the Passport Office as she didn't say, but will this do that she has Level 3 in diploma? or will it get rejected if she signs for it?

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Yes I have Honeybee13 - I contacted her on Whatsapp and she told me this: Qualified healthcare assistant with Level 3 diploma in health and social care. Not sure if she has one of them qualifications what stated on the Passport Office as she didn't say, but will this do that she has Level 3 in diploma? or will it get rejected if she signs for it?

 

 

She is not on that list.

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25 days in (since the OP said they were using “Check & send” at the Post office).

 

List of persons able to sign clearly states “RGN or RMN” yet the OP is asking about a health care assistant.

OP is either on a wind-up mission, or needs to get someone to “hand hold” them through the process IRL

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I have rang Passport Office and two advisers said that my friend who works in Health Care who has a Level 3 diploma in health and social care can sign the passport form and picture, so everything is good! So, the person who said she is not on the list, you are wrong!

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I hope they're right at the Passport Office, channing, because that isn't how their list reads to me.

 

 

HB

 

That's true Honeybee13 but I think they are right as they work at the office so they should know, 2 different advisers said it's ok so it must be lol.

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Level 3 in nursing isn’t a RGN or RMN.

It may be that the Passport Office will accept it, but:

a) that isn’t what their own guideline says (you’ve been provided with the URL to look for yourself!), and

b) you are taking a risk that they might not accept it despite what the advisers said.

You did get their names and record the calls, didn’t you?

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Update: Yesterday I went to the Post Office to post my Passport application and I used the check and send service, the lady who served me looked through my form and she said everything is ok with the form and I got my former teacher (who she now has now retired) to sign for it and the lady said it will take six weeks to get an update on my interview to continue my passport application. So all good! :)

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Update: Passport office has booked my interview for Tuesday 25 September at 12.15pm - I am just wondering what's the dress code for these interviews? could I come in my jeans and t-shirt slogan (Nobody Knows I'm Gay) or do they not allow slogan t-shirts into the building?

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Just wear a normal shirt and trousers. No need to try and make some sort of a statement.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Just wondering, what sort of questions will I be asked at the interview? I am just worried in case I get the answer wrong and I get my passport declined, feeling nervous now lol.

 

I fyou get the answer wrong, then you shouldnt have one. They just ask for name, address, employment, they pick some random amounts from your bank statement and ask about them ( yes they have access to them), and a couple other questions just to verify your identity.

 

Youre worrying way too much over all this. its just a passport. Youll be in and out of the office in less than 20 mins.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thread now closed

Unnecessary posts removed

 

To the OP

Simply report this post to get it reopened when you have any constructive updates

 

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

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