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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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HBOS charges reclaiming


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I'm new to this site (great site by the way guys, geep up the good work!)

 

I just can't find a scottish section... i did a search and can't find it, i've spent about 2 hours now.

 

instructions on how to get to the scottish section, or a link, would be most appreciated.

 

thanks in advance for any help!

 

:)

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I think we have some server problems which will be solved over th nex couple of days.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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  • 2 months later...

Hi,

 

I HAVE read the FAQ's & spreadsheet and I'm unsure of two things:

 

Q. 1) Can I add this 8% to ANY of my bank/credit card charges, and is 8% to take into account for inflation?

 

Q. 2) Also, can I add this 8% on to the total amount they owe me and send it along with my INITIAL request for money?

 

Thanks in advance for your help

 

:-)

 

 

 

 

"Q. Can I claim interest?

A. When you put in a claim you should claim interest at the statutory rate of interest, which is currently 8%

You must write your claim in the following way:‘ The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £ …(put in the amount) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £… (put in daily rate of interest)

You will need to work out the interest you are owed up to the date you start the claim.You first need to work out the daily rate of interest. Using a calculator, do the following:

0.00022 X the amount of your claim – this gives you the daily rate of interest."

 

..Doesn't make any sense to me!!!

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You are correct. But we are only claiming what is rightfully ours to start with. There is no profit to be made in doing this.

 

When you start your claim, don't forget to post a thread in your particular bank forum and keep us updated in that thread so we can follow your progress easier.

 

Good luck with your claim.

Vamp.:)

  • Confused 1

[

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When you start your claim, don't forget to post a thread in your particular bank forum and keep us updated in that thread so we can follow your progress easier.

 

Good luck with your claim.

Vamp.:)

 

I shall, thank you for your advice!

 

:-)

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Hi,

 

Can anyone tell me whether or not I should send the initial Data Protection Act Requests by Recorded Delivery (so that the banks don't say "We never received any letters from you" etc)?

 

And can I claim this money back? If yes, would it be along with the initial request for money?

 

Thanks in advance for any help.

 

:-)

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Yes, and enclose the £10 minimum fee.

 

Yes, you should add this to the first letter. They will say they don't have to repay it, but assuming they have levied unlawful charges, it becomes a legitimate legal expense you have incurred in discovering the amount they have taken.

  • Confused 1

 

 

 

 

 

 

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Hi,

 

I have composed my DPA letter (with the help of BankFodder and the library!)

 

I have 4 accounts with the HBOS (2 current accounts & 2 credit cards) and was wondering if I can request bank charges for all 4 accounts under the 1 letter (and therefore only paying £10 instead of £40)?

 

Thanks in advance for your help.

 

 

:-)

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  • 4 weeks later...

hi,

 

i received a reply from HBOS to my initial DPA request and they said:

 

"With regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request"

 

So is this acceptable? When this eventually goes to court, I don't want them to come out with some manual intervention thing which they say they've 'just found' etc?

 

And do I request my £10 DPA fee refunded (even though I still got some statements)?

 

Thanks in advance for any help!

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The "we are under no obligation" reply to manual interventions seems to be very common. The probably reason for this is because they don't actually keep structured records of interventions...

 

It would be quite awkward for them to turn up in court and say "yes, but the manual interventions recorded here, here and here show we incurred excessive costs" on the grounds that you have asked for them and relied on the lack of reply to file your claim.

 

Notwithstanding the fact that it is *highly* unlikely they'd ever let it get that far...

 

My advice; Ignore this and press on with the letters.

 

Good luck!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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  • 3 weeks later...

Hi all,

 

I have several issues with the banks/credit card companies and hope you can help advise me on what to do next:

 

1) I sent the standard DPA letter to HBOS asking for list of charges (for 2 current accounts and 2 credit cards with them). After receiving an illegible set of credit card statements, the 40 days are now up, they're saying that if I want the 2 current account statements I'm to contact my branch helpline as they only deal with the credit cards.

How do I stop them leading on a merry dance? I should have them by now. The original letter was, after all, sent to the HBOS Data Protection COnsultant?!

 

2) Egg are trying to say that the 40 days started from when they received proof of my identification, not from when they received my original request. They asked for ID a week or two after I asked for statements, which I sent to them.

 

Should I have the statements by now, and what should I do next?

 

Thank you in advance for any help/guidance you can give me

 

:-)

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Hi,

 

can I just clarify something?

 

I'm working out what the banks owe me in late payment fees, and came across an "Overlimit Fee" and was wondering if I can claim this bank?

 

It could be argued that going overlimit is a service they are providing so they are justified to charge for it?

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PROBABLY......but not excessively, if it is not a reasonable pre-estimate of actual loss to the bank its a penalty. if the overlimit fee was £1 - 3 or even a bit more it might be classed as reasonable hower a £25 - £30 charge probably isnt

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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what would you say ?

 

I would think so.....how much does it actually cost the bank?

 

My bank charges £28 for over limit and £38 for direct debit bounce and £30 for cheque bouncing :-(

 

I'm gonna get em !

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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When you go over your limit (o/d etc) the banks will charge a higher rate of interest, so as well as this they slap a £20 fee on top. Yes it is one you can claim back.

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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  • 2 weeks later...

Hi everyone,

 

So I've got a lot of statements missing. I'm taking them to court just to get them to co-operate with the Data Protection Act request. I understand that for the banks, I use my local branch manager's address?

But what about the credit cards? Whose name do I put on the claim form for those/how do I find out whose name to use?

 

The credit cards I'm claiming are:

Egg

Virgin

Barclaycard

Bank of Scotland One

Morgan Stanley/Goldfish

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