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    • 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 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? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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Barclays - charges should be £1.50 - Whistleblower revelations


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Hi cg,

This is a decision only you can make.

You've got to way up how much the charges are against the offer.

How much aggro they've caused you when the charges where being takne - with how much the money they've offered will better your current circumstances.

If there is interest added to your claim, in theory, it may hard to persuade a judge to enforce a claim if the offer made is almost all of the charges, and you're just pushing an interest matter!

 

Your choice cg, whichever you chose, it's gotta be right for your present situation!

Good luck either way!

  • Haha 1

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Thanks for the advice Perseus. I think I should continue on with the claim. There is no interest added at this point and I'm still paying back the overdraft so £300 I fail to claim back is an additional £300 I have to find to pay back Barclays. What would be the next step if I continue with my claim.

 

Many thanks Perseus

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You're welcme, and thanks for the click!

 

You could write, accepting (unconditionally) the offer as a part payment only, but you still wish to pursue the balance of your charges (in court if necessary), and ask them to reconsider their offer. Expecially as you have only asked for charges only to be refunded at this stage, and that should this case go to court, you will be seeking s69 interest at 8% (this only increases the value of your claim by £104, but stil!!!) plus they will also incurr legal costs for defence, plus court costs!

 

If they reply and state that the offer is it, full and final - then it's up to you should you take the offer, or pursue it in court.

As you say - if its £300 short of just your charges, then there's another £400 plus owing!

Give them 14 days as a final letter before county court action, and see if they budge. I wouldn't hold out much hope to be honest, but stranger things have happened.

Don't forget - send any letters recorded/special d!

 

If you'd like, post up your intended letter, and I'm sure some fine peeps here will offer advice about wording etc.

 

good luck!

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Thanks again Perseus

 

I'll set out a response and post it for comment. As you say stranger things have happened. Ultimately I've decided i have no issue taking this to court action if necessary. Bring it on

 

Thanks

 

cg266

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  • 3 weeks later...
I think the 9p was what it costs in computer operation terms. You would have to add to that stationary, postage costs, and some staff costs. I think £1.50 to £2 is more like it.

 

Anyway here's the bit form the program last night

 

YouTube - Whistleblower: Barclays Bank - Penalty Charges

 

I work in debt recovery and routinely send bills to customers. I work in a low-tech office.

 

We release letters to the printers, envelope the letters and post them. I'd say the total cost of this is around 35p (1st class).

 

These banks have hi-tech software, printers and enveloping machines (and 2nd class post!).

 

I'm not sure what the 'staff costs' are. Unless they add a charge up front for customers quering the bank charge, which is, in itself, wrong.

 

I would, of course, settle for an outcome at the OFT vs Banks hearing of £1.50!!!:):):)

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  • 1 year later...

I have a question that I hope someone can answer and as this my first post I have probably posted the question in the wrong place.

 

Can business's reclaim unfair bank charges? I have a friend who has been charged 13k in total by Barclays over the last three years.

 

Thanks

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  • 2 years later...
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