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    • 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.
    • 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.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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

Citi Cards Address ***UPDATED NOVEMBER ***


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Here's the name & address of the Data Protection Officer, Citi Cards.

 

Richard Cooke

Data Protection Officer

Citi Cards

CitiFinancial Europe plc

1 Exchange Quay

Salford

Manchester

M5 3EA

 

It looks like the place to send the intial DPA request.

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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  • 2 months later...

Hi Did You Have Any Problems Getting Letter To Citi Bank, As Mine Has Been Returned Once Already, Yet Address Was Correct, It Was On Form They Sent Asking For Extra Info. Have Sent Again 5 Days Ago Yet Royal Mail Still Has No Confirmation Of Delivery ??

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Hi there,

 

Yes I have was able to get hold of them using this Address with the P. O Box number. Use that and you should be fine, well I did so you too should be okay.

 

Later!!

:o :o :lol: :D :D

 

 

 

 

More Power to the PEOPEL!! LONG LIVE the CAG!!!

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Hi Did You Have Any Problems Getting Letter To Citi Bank, As Mine Has Been Returned Once Already, Yet Address Was Correct, It Was On Form They Sent Asking For Extra Info. Have Sent Again 5 Days Ago Yet Royal Mail Still Has No Confirmation Of Delivery ??

 

Yes sharman24, I had the same problem.

Based on this thread, I sent my Data Protection Act Subject Access Request to:

Richard Cooke

Data Protection Officer

Citi Cards

CitiFinancial Europe plc

1 Exchange Quay

Salford

Manchester

M5 3EA

 

It reached Richard Cooke the next day. He wrote back to me requesting confirmation of ID if I wanted details of manual intervention. His enclosed form said "please return the completed form to:

The Data Protection Officer

Compliance Department

1 Exchange Quay

Salford Quays

Manchester

M5 3EA"

 

So I sent the form and two forms of ID as requested to the address on the form. It didn't arrive, but came back to me about three days later with a Royal Mail sticker on it. The sticker with check boxes had a cross in the "address incomplete" box.

 

I returned the form the same day to the original address:

Richard Cooke

Data Protection Officer

Citi Cards

CitiFinancial Europe plc

1 Exchange Quay

Salford

Manchester

M5 3EA

...with no problem. I received my data 13 days after my Data Protection Act Subject Access Request arrived with Citi Cards.

 

I have contacted Richard Cooke to suggest the incorrect address on the form is amended (as I think quite a few people may try to use it!)

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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  • 1 month later...

If you get a defence back, it's signed by Brian Smith - SOLICITOR!, however he has a habit of using headed paper with no telephone number, so if you need to talk to him here is his number (I had to talk to four different phone monkeys before eventually getting the number):-0800 146 188

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Hi guys,

 

I work for CItigroup (I'm really NOT proud of it). Maybe I can help.....

CitiCards use the Exchange Quay address, CitiFinancial & Future Mortgages go to 6 Admiral Way, Doxfor Park, Sunderland, Tyne & Wear SR3 3XW and for CitiBank it's 25-33 Canada Square London (Canary Wharf). I'll use the internal address book to find you names and numbers if you let me know who you're after.

 

http://www.innercitypress.org/citi

 

D

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Yes you can.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Shovey, please start your own thread on this case. You will receive more help.:wink:

 

I remember a case on this forum, I think it was Citi cards, where the debt had been sold to a debt collection agency for a sum greatly reduced from that owed. However, the DCA tried to collect the full amount, thereby making a nice profit. Citi cards tried to argue that as they had sold the debt on, they could not be approached for any penalty charges. WRONG!! Perhaps someone could help out in finding this thread. I have tried but without success so far.:(

 

You need to continue paying the DCA and start proceedings against Citi cards using the templates on this forum. Good luck.:)

 

 

Don't let the fatherless chillen get ya!:grin:

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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However, the DCA tried to collect the full amount, thereby making a nice profit. :

 

 

DCA's are in business to make a profit, what they buy the debt for makes us feel they shouldn't get full whack but to be honest it's non of our business ( and I am no lover of DCA's believe me) that is down to the banks bad negotiating and the DCA's good fortune. They probably only pay about 7-12% of the face value but that's just good business. We can use that knowledge best by negotiating full and final settlements knowing that as long as they pick up a relatively reasonable profit they will do a deal.Whatever it ends up as it'll be less than you owed in the first place so there's the benefit. They love the £5 or £10 a month merchants and they use their mind blowing arrogance and deceipt to frighten the living daylights out of most people knowing most people will buckle to their intimidation. This site is helping people take them on at their own game by using what they ignore - the law!

 

So don't be too angered by what they might have paid for the debt, use your loaf and get the CCA requests going because they are nototiously bad at having all the correct paperwork in place to enable them to collect these debts, they play on our ignorance, they have little knowledge about your rights to restrict telephone calls from them Communications Act etc. and they don't like it when you stop their harrassment tactics by using the law so get them that way and you'll find you'll win.

  • Haha 1
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Andrew1, am I correct in thinking that you are saying that Shovey should go after the DCA for the refund of penalty charges? Penalty charges have been applied by Citi Cards and it is they who should be made to refund them whether they have sold on the debt or not.:|

 

You are right when you say that if you quote the law at DCAs, they will back off. I have a thread concerning Certegy (Transax) who threatened to pass on (sell) my amount owed to a DCA. This amount was comprised purely of charges and I pointed out to them that as the charges were in fact unlawfully applied they would be obtaining money by deception. In the end they waived the charges in full as a gesture of goodwill. Read the thread here.:D

 

 

I'm still looking for the thread where the debt was sold on and the CC company tried to wash their hands of it.;)

 

 

Don't let the fatherless chillen get ya!:D

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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yes any penalty charges should be claimed from the bank as it was them who applied them.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Andrew1, am I correct in thinking that you are saying that Shovey should go after the DCA for the refund of penalty charges? Penalty charges have been applied by Citi Cards and it is they who should be made to refund them whether they have sold on the debt or not.:|

 

 

 

 

It's an interesting and debated point although what Martin has said above is true, you should go after the bank, it seems to be what most are doing. - I haven't really had the time to follow the thought-trail of what was initially discussed earlier on the site ( way back!) that when the debt was sold the buyer (dca) took with it the responsibility of the contract and therefore should repay the charges also. Martin might be able to throw some light on it though. My citi card debt was sold on to Cabot and they have fouled badly by not responding at all to my CCA request but my claim for charges is being levied at Citi - still at the fob off stage! I can't see cabot paying them although going by the Lick the Wall fatboy experience in N.Ireland it might be a better option just now.

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Andy the contract between you and the bank effectively becomes void once the account is closed.

Lets not forget also that the DCA pays a fraction of the debt value to buy the debt from the Bank........The banks take advantage of debt write offs /Tax etc

 

Although the DCA then usually re registers any defaults with the Cras.

 

As regards removal of defaults the section 10 notice is there to prevent further processing of your data (or to seek to demand this )

 

There is the point that once the contract between you and the bank ends then so does their right to carry on processing your information and that includes third parties.

The DCA therefore is also in the wrong unless you have expressly given them permission to process your data to third parties.

This becomes a Data protection issue.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Andy the contract between you and the bank effectively becomes void once the account is closed.

 

.

 

Martin, Tinks is going to give us a hard time if I respond to this but maybe she'll move us somewhere else ;)

 

If the contract becomes void, you are saying that with the debt being sold NO part of the contract passes to the DCA? I can't remember exactly how it was explained previously, but I was of the opinion that some the contract responsibilities passed to the dca in some form or another.

 

I'm okay with the Default bits that's no problem.

 

Anyway I'm off before Tinks comes back ! :D

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I would imagine the only contract that exists would be of that between the bank and the dca.

 

You certainly would not personally be any part of the contract.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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What are you suggesting.............Tinks is in a mood today ??????:o

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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