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    • 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.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
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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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Vanquis CC debt + Lowells + ** WIN **


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Hi..

Sent a SAR request last week to Lowell for a Vanquis CC debt and Halifax loan .

 

Got a letter back today to say they have received and sending all paperwork from when they purchased the debts but if I require anything before that i need to SAR the OC.

 

Surely as the supposed owner of the debt they should contact the OC or have all original paperwork such as statements etc sent to them once purchased ..or do I indeed have to contact OC ?

 

Wanted to check before I send a curt reply letter back to Lowell

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It'll only be correspondence they've sent you, and anything you've sent them, they hold nothing else.

 

Ignore Lowlifes from now on and deal direct with Vanquis, & Halifax what's the story??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Vanquis card , missed payments due to loss of job , lots of chargers and fees.

..would not accept payment plan ,

finally closed and sold to Lowell.

 

I think last time I used the account would be around 2012 ish

 

Same with Halifax chargers and fees , honouring DD's with no money in account finally ramped up to around £3k and then sold on to a DCA..

 

.I also have another Halifax account with Lowell which is currently in court process but that's in another thread..

 

Halifax are currently sending me statements in relation to all the above as there were two Halifax accounts I had both with excessive overdraft fees...

 

I don't believe Vanquis will even hold any details anymore on this closed account

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SAR Vanquis. They have to retain all of the data regarding accounts for six years AFTER they close the act.

 

SAR Halifax re the account, was this an agreed overdraft?

 

Reclaim ALL of the fees/charges and interest at their rate.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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was it sold on?

did you get an official notification assignemnt of the debt or just a letter saying Lowlifes are now dealing with it.

 

Have Lowlifes being sending you annual statements?

if not then I would bet that they dont actually own it.

 

AS said, if you want details of the account then Lowels will never have this and they wouldnt be entitled to see them even if they wanted to under data protection law

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Yes sold on, no notice of assignment just letter from Lowells to say we have this debt you owe us etc etc..

 

Last paperwork from Vanquis was years back I would say 2012/13 possibly...

 

I think I may have sent them CCA request at some point but they still sold it on..

 

.judging by the posts on here Lowells are on a roll with CCJ action

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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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  • 6 months later...

Hi..

Just a post that is not asking for assistance on charges , threat letters or court appearance etc.

 

In fact this is to give those on here some hope to keep plugging away at their debt and especially DCA's whose only aim is to extract money and to show you can eventually defeat them.

 

Quick overview : Vanquis card taken out back sometime around 2009/2010 ,

usual issues lost job ,

could not afford payments,

charges on top ,

defaulted ,

 

passed to a few DCA's and landed up at Lowells doorstep who placed a default on credit file around 2012/13.

Amount owed £790 mostly charges and fees.

 

Numerous letters back and forth ,

usual court action threats followed by reduced amount offers and the final year fortnightly toilet paper stating you have not agreed a payment plan we are here to help etc.

They were getting desperate knowing the stat barred limit was approaching or had elapsed.

 

I in return sent them CCA requests ,

SAR requests ,

prove it letter none of which they provided and

I continued to enter in to any dialogue unless they provided.

 

last week I received a letter from Lowell to say in the interest of both parties they have decided to no longer chase the alleged debt,

are closing the account ,

zero the balance and update credit file this month.

 

Bear in mind I have just defeated an attempt in court for an another alleged debt of £3500 from an old Halifax account again close to stat barred date but nonetheless still active.

 

With the help on this forum it went all the way to a court date in my local town but Lowell did not provide any witness documents while I did.

fact they provided no documentation apart from copies of old statements which were for two different bank accounts and were lacking any DN or assignment letters plus doucmentation from Halifax as I identified the account had been changed from a non paying to a fee paying one at some point which had to be provided in writing by Halifax before this could be actioned of course Lowell had none of this.

 

judge ruled and struck out ( the letter from the court is in a safe place for future usage in case they come back) :-D:

 

listen to the good advice on here,

keep all your documentation to hand ,

ensure you always file documents on time if a court case is ongoing but most important don't be afraid of the DCA's

and don't listen to their cr@p about legal jargon most of the time they are playing to peoples lack of knowledge around consumer law.

Oh don't forget to keep contributing to CAG !!!!

 

Thanks to all those who have assisted in the past !

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