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    • It's genuinely amazing how you managed to rebuke pretty much all of my points without giving a single shred of evidence to prove it. When asked for evidence all you claim is that "it's clear cut" but how is anyone here meant to know if you won't show it?   I agree with this. If you can't convince us, how are you going to convince the judges when this inevitably goes to court?
    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • 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.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations 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.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...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   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). 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.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
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Enforcing an FOS's Final Decision at County Court using Form N332A***Resolved***


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Many thanks for the update.....if the court has already served the order why do you wish to send a further copy ?

We could do with some help from you.

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Why do you need to wait 14 days? Is there some rule or is that what is written on the order?

 

Yes, you should go through the transfer up procedure as soon as you can. Most HCEO do a no win no fee basis and charge you a basic £60 or so. However do double check that this is the deal because there may be one or two is still will try to reclaim fees from you if the enforcement fails. Enforcement fees are extremely expensive – possibly a couple of thousand pounds.

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Thank you for your usual quick replies and advice:

 

1. There's no payment deadline given on the Order, but from the mentioned Debt Camel article: "You will get a judgment order back from the court, headed Order for recovery of award. Send the firm a copy of it and ask them to pay you the amount it says, which now includes the court fee you have paid. If they don’t do that within 14 days, you can then bailiffs".

 

2. I was considering writing to the CEO of the business by email to ensure they received the Order from the County Court, so they cannot claim they haven't received it and also give them a last chance for payment without them accruing further and substantial costs. Also it would be easier for me if thy just paid so that I don't have further troubles, but somehow I don't think thy will just pay up without a fight......

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I suppose there no harm emailing them a further copy....in case they say they didnt get the courts copy.

We could do with some help from you.

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It does help alot.

 

I got the same case which is lloyds insurance ( lloyds bank group), had emailed to António Horta Osório, however, he passed it to the another executive complaint manager with no-sense which she asked me talking to FOS, not them.

 

I just wanted to update you of progress of my above query:

 

I contacted a solicitor, but he concluded, after I have been chasing and reminding him and his office many times over one month, "that it would not be cost effective for me to use his services"! I therefore went back to the Central London County Court to enquire how I could make the £44 court fee payment, considering I don't know anybody in the UK and I therefore need to make the payment from Denmark. Fortunately I did get contact to a very helpful and persistent officer at the Correspondence Team of the Central London County Court, and after much writing back and forth over several weeks, he contacted their foreign payment office in person and was told it was possible to make the payment using an international bank draft for £44.

 

Then, after chasing my Danish bank, the bank draft was posted to the Court and I could thus resend my N322A application to the court together with my Final Decision of the Financial Ombudsman Services and all other supporting document, including my calculation of 8% accrued interest. Surprisingly, after a few days I received by email and post my "N322 Order for Recovery of Reward" dated 28 January 2019" which has been before a District Judge. The Order has also been sent to the business by post.

 

Now, I assume the business owing me money has 14 days to make the payment to me and if nothing happens I will have to lift my Court Order to the High Court using a High Court Enforcement Office and a private Enforcement Service company/baliffs? I have seen there's a £66 fee for this service, but otherwise no other fees if the business pays up? I also wonder if I should contact the business and advice them of the Court Order?

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Its irrelevant which County Court it is..the process is the same for all County Courts.

We could do with some help from you.

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  • 3 weeks later...

Heres an update: I did not contact the debtor, Abshire-Smith Global, but contacted instead a private enforcement services company/HCEO (I discovered from the media and Company House, that the debtor company is being dissolved in March 2019). After I paid the £66 court fee the enforcement company acted very quickly and obtained the High Court Writ of Control. The Writ was sent to the debtor on 8 February, and after the 10 days compliance period, with no response from the debtor, the Enforcement Agent yesterday visited their Head Office and Trading Office addresses in London, but the debtor company, Abshire-Smith Global Ltd., are not found at any af the addresses, even though the web page is still active http://www.abshire-smith.com/ :-(.

 

I now hope the enforcement company can trace the company in order the retrieve the debt. Otherwise I will have to try to apply the FSCS (Financial Services Compensation Scheme) thru the Financial Ombudsman Services?

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I'm sure there is a way that you can lodge an objection to the dissolution – although somebody else will have to come on here and tell us how to do it.

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We could do with some help from you.

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Thank you for all your help. The company has now paid their debt to me, after 4 years of struggle,  as well as substantial fees to the enforcement company and further interest. The Enforcement company managed to trace the residence of the Director, it helped.

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Delighted for you and pleased you have managed to resolve this.

Thread title updated to reflect the outcome.

Please consider making a Donation to the forum so we can continue to advise others.

Well done 

Andy

We could do with some help from you.

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  • AndyOrch changed the title to Enforcing an FOS's Final Decision at County Court using Form N332A***Resolved***
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