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    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • 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 (as trustee and leaseholder) 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.
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RBS Mint Card Charges Reclaiming


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Hey i'm a newbie and am planning to try and get my charges refunded. However, i would like to know what i am letting myself in for..

 

Is Mint card hard to crack?

Do they pay up?

Do they go to court?

How fast do they respond?

 

Any help greatly appreciated.

 

Thanks

Natasha

Help me to help others!

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  • 1 year later...

You'd have to have a valid reason for a stay not to be applied on the claim.

 

In this instance I would suggest that a stay should not be applied to the claim, as the current OFT case relates purely to overdraft charges on bank accounts. There is already an OFT report in place relating to credit cards which was published in April 2006 with which Mint(RBS) have complied.

 

The issue here is whether the penalty charges made against customers truely reflect their costs, or whether they are profiteering from said charges which is against contract law.

 

If the draft order was adopted for this claim it would bring all matters to a fore. By means of a full breakdown of the defendants costs it would be possible to assertain whether the charges are fair & reasonable, or if the defendant is levying a highly inflated figure to customers which don't match its costs.

 

It is industry standrd for events such as as late payment charges and over the limit charges to be entirely automated thus costing the defendant a matter of pence as part of an overall IT billing system, as such it is your own opinion that the defendants charges are pure profiterring.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Its the same arguement which I used in my claim against Citi to prevent a stay being put on it.... and it worked.... so worth a go with RBS.

 

And obviously that means the rejection letter going to RBS.

 

Though as with all these matters its your decision as to what move to make.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Been through the full process including appearing at court against Citi (and winning) so if you need any help let me know.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Yep, its a very, very rare occasion that happens, but Citi seem to have a different approach to all the other films.

 

At the end of the day if you can cast doubt onto the stance the bank is taking, i.e. they are charging customers £12, £18, £20 etc for default of contract that can help you get the draft order adopted which orders a full breakdown of their charges.

 

From the point of view of RBS, charges such as "late payment" and "over the limit" fees are entirely automated, thus costing the bank a matter of pence and not what they levy against customers. An indication of this will be their non-compliance with the SAR if you sent one, the template here requests manual intervention information which they are guaranteed not to have sent. This would show if any human action was taken at the time your penalty charges were applied.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • dx100uk changed the title to RBS Mint Card Offer Vs. Court Stay
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