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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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      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.

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Help please! Moneyshop problem


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Hi all,

 

This is my first full post here and I wanted to ask for some advice from the knowledgable folk that are always around here! Essentially, without going into too much detail, I have an impending problem. I have, in the past, used the Moneyshop to obtain 'cash 'til payday' advances on my wages. Essentially you write them a cheque for a hundred pounds and they give you £87 back. They then cash it the next month unless you pay another £14 on each cheque to extend it by a month. I have currently got £500 of debt with them and have been extending the cheques. The problem is that I am soon to be out of work and have no income until the benefits start. I am then going to be unable to extend the cheques as I can't afford it! My bank won't give me an overdraft to cover this as I have a bad credit history. So I am facing a load of cheques going out and nothing there to cover them.

 

I want to ask if anyone can suggest the best course of action. Do you think writing to Moneyshop and explaining the situation will lead to them allowing a repayment plan? Obviously this would be better than bouncing the cheques and ending up with a large, unauthorised overdraft and all the charges that go with it.

 

I'm getting really stressed out by this and any advice would be gratefully received. Thanks in advance! J :)

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Your idea of speakling to Moneyshop and explaining your situation to them would seem the best course ofmaction at this monent in time.

 

At least by doing this you will be proactive and up front about your situation and as such they will, hopefully, be able to offer advice and help.

 

If they get snotty then maybe a visit to your local Citizens Advice Bureau may be needed.

 

Good luck

PPMAN159

 

If this comment has helped please click on the scales.

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It might be an idea to cancel the cheques if they don't want to listen as there may be an issue of you writing the cheques knowing there's no funds to cover them. Will also save a lot of charges. Get in before they do if need be.

 

Good luck, Dave.

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I used to use them all the time, it apears a good idea when you need money but like you say you end up delaying them and one day they have to be paid. Well i would speak to them and see if they can do anything, if they cant they could bank them as they will be "Gaurenteed cheques" using your cheque guarentee card, this will result in you going over your overdraft and getting charges from the bank which you will then want to reclaim.

If none of this works maybe take out a small £500 loan? my credit record was seriously bad but there are some lenders although the interest rate will not be good!

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Hi there - I too thought they were a good idea until things spun out of control for me.

 

I was in the same situation and spoke to them - all they could offer was a 12 month loan for the value of the outstanding cheques plus interest - I'm not sure if it is an agreement under the CCA - no credit cheques were required - but you have to pay it by direct debit - this may give you some breathing space.

Best thign to do is speak to them as I am sure you don't want to increase your debt!

 

All the best!

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I know it's a slightly different issue givingitago, but you say that you don't have a very good credit history. Are there any charges from your bank account or previously loans you can claim back?

 

I know this doesn't help your immediate problem but it may get you a little more money in the next 2 or 3 months.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 8 months later...

Hi there,

 

I've just got off the phone to 1st credit who have been passed the account from the money shop. Originally the debt was around £400. Now it's £800. They told me that £428 of interest has been added (defualts etc), which I'm clearly annoyed about. What shall I do? Shall I pay the full debt or shall I argue that £428 worth of charges is totally unfair?

 

If someone can help, then I would be very grateful. 1st Credit are now saying that it will be passed over for court action!

 

Thanks

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This will be the same as when a DCA sends out a letter claiming they now own the debt? You have already acknowleged the debt by telephoning them. :( So I don't think you would get away with denying any knowlege of it.

 

Send a letter and £1 postal order asking for the original agreement and a breakdown in charges. Remember not to talk to DCAs on the phone deal in writing and don't use your normal signature.

 

See what they come back with.

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Thanks - I take it I need to ask the DCA for the breakdown of charges or do I need to contact the moneyshop? Also, is there a template letter for this?

 

Thanks

 

Hi Gary There is a template letter I'll try and find it and post the link here for you. You send it to the DCA. They will then have to prove to you that the debt is enforcable.

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http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

These are the template letters you will need to send letter N.

 

I got a letter from a DCA asking for money or they will take me to court. I sent this letter and they wrote back saying they are not going to persue it further. Give it a go and see what 1st Credit come up with

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Ok - Thanks. However, I already wrote to 1st credit saying this::shock:

 

I would like to inform you that the balance of these accounts are in dispute with the original creditor due to unlawful charges. Therefore, I consider these accounts to be in dispute and no further action shall be taken until this matter is resolved pursuant to OFT guidelines Section 2.8 k. "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

I also reserve the right to pursue the legal owner for any and all unlawful charges that have been levied on these accounts.

 

I am prepared to take all legal action necessary to recover these unlawful charges.

Shall I now follow it up with Letter N? I'm worried now I've sent the wrong letter!

Many thanks!

 

 

 

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I wouldn't bother with letter N now. Have you disputed the charges in writing to Moneyshop?

 

I'll check in tomorrow got to go now and get Tea on

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  • 5 months later...

No - they arent a bank so therefore no.

THE PRETENDER AGENDA - August 30,2008 - 2ND ROW!!! WOO-HOO!! :-)

THANK YOU SO MUCH FOR A FAB NITE LEE! xx

Sunderland 011008 - THE BEST BIRTHDAY PRESSIE EVER! 'Aww, it's your birthday! Happy birthday darlin!'

 

02 Apr 2008, 23:55

OfficialLeeRyan wrote:

i like that!! its simple and good and gets the fans involved aswell x x x

 

MY SUCCESSES -

 

1st Credit (Lloyds TSB) admitted no CCA, reply from OFT 130608, reply from FOS 040608, adjudication stage rejected but still no contact....

 

My mate (Littlewoods/Moorcroft)

300608 -Long running battle,threatening court, CCA letter NO 2 and harrassment letter sent - passed back to Littlewoods early July.

070808 - Passed to Debt Managers, Acct in dispute/BOG OFF letter sent 080808...

140808 - Letter from Debt Managers passing debt back to Littlewoods - RESULT! :D

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  • 1 month later...

I complained to the moneyshop about the 25.00 charge per cheque - as i informed them that i have no funds available due to my unemployment situation. - Anyway they ignored this. I made another complaint.

 

The Moneyshop 'investigation' - standard response its a 30 day loan and you will have to pay all charges and extra interest.... I asked for a statement of account and breakdown of charges which they have not supplied.

 

They say i have to complain to British Cheque Cashers Association first before i can complain to the Financial Ombudsman servie. It it worth complaining the BCCA?

 

In the credit agreement it states

 

"Complaint we cannot settle via our complaint procedure may be referred to the Financial Ombudsman Service."

 

Theres no mention of the BCCA.

 

I would also like to know if the £25.00 charge per a cheque worth under £50.00 is fair.

 

The moneyshop said thats what the bank charges them? Is this true?. (I did inform them of my financial difficulties)

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  • 1 year later...

my partner had a payday loan with moneyshop and recently we changed bank accounts but didnt inform them and this morning i woke to find they had taken 3 payments from my new account of 25 pounds.

is this legal? as the checks were with an old account at a different bank account.

i was very shocked to find they had drained my account of my household bill money. is there anything we can do??????????

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my partner had a payday loan with moneyshop and recently we changed bank accounts but didnt inform them and this morning i woke to find they had taken 3 payments from my new account of 25 pounds.

is this legal? as the checks were with an old account at a different bank account.

i was very shocked to find they had drained my account of my household bill money. is there anything we can do??????????

 

How on earth did they manage that? How did they get your new details if you have not told them?

I would be straight on to the bank to see what they are playing at.

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I called my partner and he said he had extended the cheques a month ago and used his debit card for the new account.

called my bank and they said theres nothing they can do and that he would have to call moneyshop to see if they will refund the payments (very unlikely) and that even if we cancell the card they could still manage to take the money from our account! this is daylight robbery how can this be justified. im highly annoyed right now and can see my partners dinner being in the dog tonight!

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  • 2 weeks later...
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