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    • 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.    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. 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. 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) 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. 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. 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. 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.   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.  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. 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.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

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

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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A New Credit Card Offered To Pay Off Your Debt!!!!


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Interestingly, the company behind this is not Raphaels/Lenlyn, though they provide the card - but a US company called JC International Acquisition Corporation.

 

Balance Transfer Programme is a 'trading style' of JCIAC, who do hold a consumer credit licence (but probably shouldn't). Their address for correspondence is the same as CompuCredit's - or rather, of their lawyer. Delving a little deeper, it turns out that CompuCredit UK shares an address with JCIAC, and has a sister company called CompuCredit International Acquisition Corporation, with whom JCIAC shares some directors.

 

Compucredit gives its correspondence address as Atlanta, Georgia, though it's principal place of business is shown as Crawley (they obviously like high-crime areas).

 

I'm amazed (not really) that the OFT gives consumer credit licences to companies that aren't UK registered.

 

Given all the 'acquisition' stuff in the company names, I wonder if these debts are being bought prior to the wondrous offer being made?

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in the meantime I went onto OFT website and got a bit confused - can someone please let me have the address to which this should be sent - TA!

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

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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I was thinking of this:

 

Daughter in CCJ Littlewoods debt threat | Abbey fraud | National Savings blunder | This is Money

 

and the CAG thread which linked it

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185416-phoenix-bryan-carter-read.html

 

Bryan Carter and Phoenix Recoveries UK Sarl. The issue again is that there was a query as to why a foreign company (even with a 'UK' in the title) was able to obtain a licence in the UK just by having an associated office here.

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There is a lot of criticism here, a lot of which is unwarranted in my view.

 

1. There is no further interest added to the debt.

2. When you reach the Total Points you can apply for a card. There is no compulsion about it.

3. If you do obtain a card you given a special credit - admittedly probably tiny (who knows). Your balance is transferred to a credit card at 0% interest.

 

 

This sounds like a reasonable deal for those who (a) want to pay the debt off, and (b) will never use the credit card.

 

As ever, the devil is in the detail -

- presumably you can refuse the card and continue making the previously normal payments

- what repayments are required on the credit card? If the same as the previous loan repayments then all well and good, but ...

 

Could be good, could be bad but need some more info.

Edited by palomino
Missed word

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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In my 'personalised' offer here are the details:

 

Programme Balance (original balance) £1935.26

Total Payment to Qualify £480.00

Minimum Monthly Payments £40.00 for 12 months

Once you have paid instalment totalling £480 you will receive a debit reduction credit of £581.26 to substantially reduce your debt. ALSO, PROVIDED WE HAVE RECEIVED YOUR SIGNED CREDIT AGREEMENT the remainder of your balance £874.00 is transferred to your new Rise Visa Credit Card, ie:

Less Debt Reduction Credit £581.26

Balance transfer to credit card £874.00

Total amount to pay £1354.00

Rise Visa - Initial Credit Limit £975.00

Inital available Credit £101.00

You continue to make the minimum monthly payments as outlined in your Rise Visa statement, on time, each. You can then use your ne RVCC to make purchases etc, etc.

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It seems to me that this is an ideal way for a creditor to sell off an unenforceable debt, e.g. where there's no agreement, or it's about to become statute-barred.

 

We know that many of these 'turkey' debts sell for 2p-3p in the pound; let's be generous and say that the price is 10% of face value. The creditor writes it off against tax and the buyer has two options - try to collect in the traditional way, which could cost more than the price paid, and might not be collected at all, or try to rope the debtor into this new scheme, which has the benefit of returning at least more than the price of the debt before the punter has even applied for his shiny new card - and shiny new enforceable agreement.

 

Of course, if the punter doesn't go for it, the debt buyer can just go down the traditional bullsh1t and threats route.

 

Or maybe I'm just a cynic...

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It seems to me that this is an ideal way for a creditor to sell off an unenforceable debt, e.g. where there's no agreement, or it's about to become statute-barred.

 

We know that many of these 'turkey' debts sell for 2p-3p in the pound; let's be generous and say that the price is 10% of face value. The creditor writes it off against tax and the buyer has two options - try to collect in the traditional way, which could cost more than the price paid, and might not be collected at all, or try to rope the debtor into this new scheme, which has the benefit of returning at least more than the price of the debt before the punter has even applied for his shiny new card - and shiny new enforceable agreement.

 

Of course, if the punter doesn't go for it, the debt buyer can just go down the traditional bullsh1t and threats route.

 

Or maybe I'm just a cynic...

Think you're right SP.

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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SP, yes of course people can go down the route you specify - and I suspect that most will probably do so.

 

However it is an acknowledged principle on CAG that we do not advocate evading responsibility for our debts. In this context there may be some who wish to 'do it properly' and for whom this might be an acceptable solution.

 

In essence, I cannot see anything dangerous for those who want to follow this route. Carefully.

You pay off the debt with a significant reduction, and then (optionally) have a credit card for which you have not been credit checked. If this is all done responsibly then there will be no problem.

 

Not everyone wants to go this route and not everyone has to. There is no compulsion.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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1. There is no further interest added to the debt.
Perhaps that's because the DCA have no legal or contractual right to add interest to the account.

 

2. When you reach the Total Points you can apply for a card. There is no compulsion about it.
And of course what everyone needs when they are struggling with debt is a shiny new credit card :rolleyes:

 

3. If you do obtain a card you given a special credit - admittedly probably tiny (who knows). Your balance is transferred to a credit card at 0% interest.
0% for the life of the balance transfered. Obviously there is always the temptation to use the card for any credit you have which no doubt will be charged interest on and hey ho the person is back in debt again now paying interest on that debt. Great idea.

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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sometimes the use of a credit card can give you valuable legal protection that you might not ordinarily get. In this respect it is like a chainsaw, a really useful tool but one that needs using with care and which should not be abused.

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sometimes the use of a credit card can give you valuable legal protection that you might not ordinarily get. In this respect it is like a chainsaw, a really useful tool but one that needs using with care and which should not be abused.

You can get pre-pay 'credit' cards to do that now. You pay the money in then use it just as you would a credit card - except it isn't credit. You only have what you've put in there, which makes it great for budgeting.:) We pay £4.95 a month for ours, so there are no charges for transactions.

We now swear by it.

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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You can get pre-pay 'credit' cards to do that now. You pay the money in then use it just as you would a credit card - except it isn't credit. You only have what you've put in there, which makes it great for budgeting.:-) We pay £4.95 a month for ours, so there are no charges for transactions.

We now swear by it.

And if that's the one that I think it is, they also do a deal whereby they record the fact that you have paid the £4.95 a month with the CRA's - so helping to improve your credit rating if you want, in the same way as you would with a credit card but without the ability to run up debt.

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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And if that's the one that I think it is, they also do a deal whereby they record the fact that you have paid the £4.95 a month with the CRA's - so helping to improve your credit rating if you want, in the same way as you would with a credit card but without the ability to run up debt.

Yes that's the one Rory :)

We might do that at some point when we feel less battered and bruised. I think it's a really good idea for the 'road to recovery' :D

We tried arranging our budgeted cash in pots when we started, but neither of us were good at keeping track, but this is brilliant. Online statements, everything :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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which card is that?

Cashplus - it's a mastercard.

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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