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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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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.
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LPA Receivers and Together


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Am currently involved in situation with a loan from Together whereby they have served default notice and appointed LPA Receivers - who are trying to push towards auction of commercial property that loan is secured on, which obviously we do not want to do.

 

Both the Lender and the LPA are not helpful in any way and the LPA is not acting on behalf of the Borrower given that the arrears is £1,600 and the figure the LPA-R wants is just short of £4k, and the Lender is charging another £2k for appointing him!

 

Statement of account lists various charges such as 'Property Company Management Charges £xxx Professional Costs £xxx (this was followed 5 days later by exactly the same item - and amount!)

 

I asked for an explanation of what these were for and proof of 'work' carried out when I know nothing has been done,

Together stated that 'the charges are explained'.

 

Eventually I have discovered that the LPA-R is actually the Property Management Company which is nice, and completely undisclosed by the Lender or the LPA-R who in theory is supposed to be working on the borrowers behalf.

 

On the statement of account, for the 27 months the account has been running, the charges on the account actually total circa £6,500 - with the receivers costs on top, so a five figure sum.

 

I was wondering if anybody else had encountered similar situation with regard to Together and their LPA-R of choice Waterfold, and if there was any advice as to how to deal with them and obviously challenge the 'plucked from thin air' fees?

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Thread moved to Mortgages and Secured Loans Forum...please continue to post here to your thread.

 

Regards

 

Andy

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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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That's part of it but to an extent the situation at the time meant it was done, but at no point did terms say your LPA Receiver could just add charges for doing nothing, whilst the Lender allows them to do it, whilst they also add charges for the same things, double bubble

- must be a degree of collusion surely.

 

Whatever it is it isn't ethical and also having unregulated LPA-R industry allows them to have many hats; receiver, property management company, professional fees collector, estate agent, property disposal expert etc etc all whilst needing no qualifications!!

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collusion or not

how much money do you have to fight this as the pot you need will be a lot bigger than the value of the debt.

You will need to bone up on the recent scandals involving lloyds bank and RBS commercial restructuring arms and see if there is anything you can use.

 

Now doubling fees etc is known as "churning" and may well be unlawful but again, they are adding to the bill every time you query their costs and methods.

If you have the money it is sometimes easier to pay up and then sue afterwards but all actions have their risks

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