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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • 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.  
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Ha anyone actually had to stand up in court against the banks?


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It seems some claims are dealt with very quickly yet others are dragged as far as pocssible.Has anyone actually had to go through the full court process with the banks turning up?

 

Im getting concerend now that they are going to take me all the way

 

Regards

 

Baslow138

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Ive just been offered a settlement on my claim oddly £77.00 below what I was claiming but Im happy with it. My big problem is that the money will be paid into an account that I will not be able to access as because of all the charges issued previously. I think the company is called CMS and once the account is with them then RBOS cannot authorise anything without their consent.

 

Would I be able to set up another account within RBOS and ask for my money to paid into that account? Any other ideas anyone?

 

Cheers

 

Baslow138

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wll Ive talked to Credit Management services (CMS) and they say the offer of setlement will be paid into the account and will pay off existing debts( a personal loan taken out solely to pay the bank charges!) Once cleared the account is closed and I will have to make 'alternative banking arragements'

 

Does anyone know of settlements being paid as a cheque or into alternative accounts?

 

Baslow138

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if you want it paid by cheque you need to inform them off this. but surly clearning your debt is a good thing? is your settlement more than the debt?

 

I agree but I would like to clear the debt ( a personal loan) in a organised,month by month way. I have had no bank account for past year while this has been going on and need the money to clear more urgent debts.

Has anyone been paid by cheque at all?

 

Baslow138

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Hi

yes i was sent a cheque from Cobbetts last week, it was made payable to myself into bank account No *******, which means i can only pay the cheque into my rbs account that generated all the charges. Have you been refunded by cheque

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Hi

yes i was sent a cheque from Cobbetts last week, it was made payable to myself into bank account No *******, which means i can only pay the cheque into my rbs account that generated all the charges. Have you been refunded by cheque

 

No just an offer to pay into a CMS controled account.Why should I be dictated by them where MY money goes? The debt was solely driven by charges and the account kept from the courts by paying in money from other accounts( very often loans from mates!)

 

Baslow138

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Actually, I've just thought about it and of course you will not benefit if you have an overdraft and you don't want them to refund your money in case it swallows the overdraft and they may well close your overdraft for you. OK, I get it now.

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Like the previous thread said though. Even if you go for court action, when you do get a cheque from Cobbetts it is stipulated to pay you but into your bank account number *******

:)RBS - Settled in full -3k
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Like the previous thread said though. Even if you go for court action, when you do get a cheque from Cobbetts it is stipulated to pay you but into your bank account number *******

 

My plan now is to go to court to specifically ask for the cheque to be paid to me with no stipualtion which account it is paid into.

 

After all I wouldnt have been overdrawn and had to take a loan out,been threatened with court action if it wasnt for illegal charges.

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I was under the impression that if you requested payment by cheque to you, then this was ok ? - If you have a parachute account then you should by able to pay this into there right? - Please correct me if I am wrong?

01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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I was under the impression that if you requested payment by cheque to you, then this was ok ? - If you have a parachute account then you should by able to pay this into there right? - Please correct me if I am wrong?

 

No apparently they pay it to you but it stipulates which bank account it gets paid into ie the one with the loan or overdraft and obviously thiers!

 

jIM

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I have heard of people getting round this by cashing these with cheque cashing companies but then you're losing money to the cash converters!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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If you have outstanding debt with the company your claiming from then they generally have a right to offset monies against that debt.

 

If your in an IVA or formal DMP then you have a right to ask for the money in a cheque and go to court to get it. However, the purpose of getting the cheque is not to buy new shoes etc, but so you can distribute your windfall pro rata to all your creditors.

 

I have been paid by cheque for all of mine but then all my accounts are closed. I don't think many people if any, have been paid by cheque where they have a debt with the bank.

 

Probably no help but i think this about right, finally if you insist on a cheque and they refuse you have to decide if you would go to court over the method of payment?

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Can I ask re court costs and other "external" costs, we have had to pay, how do we get at least this money back as it effectively means that we pay the banks extra for taking them to court, only for this money to be used to reduce balances etc anyway? - surely this is not right ??

01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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I was under the impression that if you requested payment by cheque to you, then this was ok ? - If you have a parachute account then you should by able to pay this into there right? - Please correct me if I am wrong?

 

I stipulated in my letters to RBS that I want a cheque which I can deposit into any UK bank a/c, don't know if they'll take any notice but at least I know that i've requested that in writing to them. Also, have been reading another thread on RBS section where 'Right of Appropriation of Settlement' was mentioned. I'm about to investigate whether I am entitled to invoke this right, but if I can, I will and will keep posting. Apparently, you have to put this in all your correspondence with them from the start, but I only read about it a few mins ago and I file on Mon!:cool:

Hope i've helped!

Good luck and best wishes:)

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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