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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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    • 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.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Arrest Warrant issued for Unpaid Fines for Fare Evasion


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On a morning in March 2010 after no sleep and not feeling totally sober I boarded the bus and bought my ticket. Just as i was about to get off the bus I was stopped by an inspector who asked me to produce my ticket. I could not find my ticket so the inspector began asking for my details. due to my state of mind and the panic that immediately set in I gave my old address and a falso date of birth (along with my correct name and postcode).

 

Today I received a letter (forwarded on from my old address) notifying me that the court has issued a warrant for my arrest becuase I have not paid the money I owe. As soon as i received this letter I called up the relevent Court Enforcement Officer, explained my situation and arranged to be in court the next day. I believe there may have been previous correspondence send to my old address notifying me about monies I owe, however, I was not aware of any such communications despite the current owners of my old house telling the transport department that I was no longer at that address.

 

I am very worried about the results of this visit to court as I am aware that I could receive a criminal conviction, a fine and/or community service. However, I know I am not guilty on the grounds of fare evasion but, obviously, I gave out false information.

 

What can I expect to happen tomorrow in court and what steps can I take to try and minimise the chances of not receiving a criminal conviction as a result of this?

 

Any help, advice or responses relating to this would be hugely appreciated, especially from old hands (old codja) I've seen that have posted on similar threads.

 

Cal

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You've almost certainly been found guilty of an offence already reagarding the initial fare evasion thing. I'm sure this hearing is probably to sort out the non-payment of fines, as opposed to the original case. It certainly appears as though the orginal case has been heard in your absence, and you apparently, according to the court, avoided paying a fine they issued you with. This is why a warrant was issued no doubt. Not sure what the procedure is now, and whether further penalties will be levvied? I'm sure if you told the court why you didn't receive any correspondence in the first place, they'll not be best pleased! Not sure whether further offence mof giving false details can be dealt with at this stage, or whether they'll only be interested in why you didn't pay the fine. Wriggler might be able to answer that one!

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If you knew nothing about thr original court hearing you can make a Statutory Declaration under oath in court, this will make void any fines/costs imposed & stop enforcement action being taken against you.

The court will tell the prosecuting authority & they will re-start proceedings against you.

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If you knew nothing about thr original court hearing you can make a Statutory Declaration under oath in court, this will make void any fines/costs imposed & stop enforcement action being taken against you.

The court will tell the prosecuting authority & they will re-start proceedings against you.

Plaese forgive my ignorance, but would that be a viable option, given that the reason the OP didn't know about the original hearing was his own doing?
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Some very useful comments, so thank you for those.

I think Stigy is right though; the reason I didn't know about the original court date was because I provided false information in the first place.

Assuming that i was found guilty in my absense of the fare evasion charge, am I right in thinking I have a criminal record and if so, how serious is this with regards to getting a job?

What kind of conviction would the "unpaid fines" be (fraud, theft etc)?

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Some very useful comments, so thank you for those.

I think Stigy is right though; the reason I didn't know about the original court date was because I provided false information in the first place.

Assuming that i was found guilty in my absense of the fare evasion charge, am I right in thinking I have a criminal record and if so, how serious is this with regards to getting a job?

What kind of conviction would the "unpaid fines" be (fraud, theft etc)?

Haven't got a clue about unpaid fines I'm afraid, but assuming you were found guilty of a fare evasion offence, you'll have any outstanding fine (probably plus enhancements!) and a criminal conviction. I'm not sure if the buses have similar to the railways where there is a seperate act (5.3 RRA) which contains intention to avoid payment (fare evasion), or whether their Byelaws cover everything.

 

How relevent it will be to employment very much depends on what you're wanting to do work wise. If attempting to joing MI5/6, you'll probably be rejected at the first hurdle, lol. I'll be open here and say that I was convicted of what I would describe as a fairly mediocre motoring offence some years ago now, and because the conviction was 4.5 as opposed to 5 years old when going for my current job, the police rejected my initial vetting application. I was accepted after some grovelling etc. Bear in mind my vetting is beyond that of an Enhanced CRB check though (although not quite MI5), and is done 'in-house' by a Police force.

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Plaese forgive my ignorance, but would that be a viable option, given that the reason the OP didn't know about the original hearing was his own doing?

 

Whether by ignorance or design, it is a safeguard built into the justice system.

All he has to say is that he didnt know about the proceedings until a letter was forwarded to him stating a warrant had been issued.

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Well considering I'm going for a job as a Navy Officer i think I might have to do a fair bit of grovelling too.

Thanks again for all your advice.

In that case your vetting will be on a par with mine I'd imagine, having said that I've seen all sorts getting in to the Army/Navy, lol. Play it by ear, and just be honest on any application forms, because if you don't tell an employer something that they later find out themselves, if you have the job by such time you can expect not to have it much longer, or if you're in the application stage, it's even easier just to reject the application!

 

Whether by ignorance or design, it is a safeguard built into the justice system.

All he has to say is that he didnt know about the proceedings until a letter was forwarded to him stating a warrant had been issued.

Thanks for the heads up ;)
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I see 'no difficulty' in getting a Court to allow you to make a statutory declaration. At the time that you make your declaration, it is pretty unlikely that the Tfl prosecutor would be in Court, and less likely that he would have the case papers for this offence.

 

The 'delaration' is simple. 'I did not know about the Court case until 20(?) December, that being a date after the case was heard. The Court will probably ask if you can explain why you think you didn't get the summons, the answer i 'it ain't my address on it'. I have heard much thinner declarations being made, some of them as pathetic as the old 'my dog ate my homework' stories we all used to tell at school.

 

Moving on from that, the Prosecution will be informed of yout Stat. Dec. and will serve the papers on you again. It gives you the opportunity to enter a plea. Without seeing all the evidence, I cannot state 'you will be found guilty' or 'don't worry, you will get away with it', but it seems likely that you should plead guilty, the false address would seem to 'close' the matter. (I think.)

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As to whether a conviction will stop you being a Naval Officer, I do not know. Best you pop along to the Navy recruitment office and ask. The Armed Forces do expect a very high degree of propriety in 'officer' materiel, and they have many more applicants than positions.

 

On it's own, a minor embarrassment over a bus ticket would not normally stop a career, but during the recruitment processes, all 'flaws' in the character of the applicant are looked at and taken 'on board'. It certainly will not help you to impress 'the Lordships'. It may be that a silvery tongued counsel might manage to convince a Court that an absolute discharge would be appropriate, given (one assumes) your previous untarnished name, and the circumstances of the offence. The argument would have to be based on the disproportionate effect of a conviction on your intended career.

 

I saw such an argument used by a young man who was part way through the process to become an RAF officer, he already was on a University placement, and was attached to a University Air Squadron. His case was much worse than yours in as much as he had altered a travel warrant to fraudulently obtain a train ticket. The Court (in my view wrongly) dismissed the case. I felt that the Court had taken a 'much wider' view of things, and felt that, as the young man was the first person all day to have either a job or prospect of a job, and first to wear a tie and speak 'properly', they did not want to condemn him to a life of explaining why he failed to 'get in' to the RAF. I agreed with the 'justice' of what they did, but not the 'legal position'. Must be said, he did have a 'good solicitor'. And he was 'lucky'. Different Bench, different day, it could have been a very different result.

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I cannot see any difficulty with making a Stutory Declaration either, but it would be a very good idea to plead guilty to any new Summons if I were you.

 

The evidence of you having failed to show a valid ticket and giving a false address in an attempt to avoid a liability would be pretty damming so far as I can see.

 

A guilty plea at the earliest opportunity once you were made aware of the case and a lesser fine as a result would be the very least you should expect.

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