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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Perhaps if you didn't drive "fairly absent mindedly" you would not need to slam on the brakes. Just because the cameras are not in use the speed limit still applies.

 

I was certainly driving at a safe speed for the prevailing road conditions, as I alway do and was below the 70mph limit.

 

The issue was seeing the camera graduation lines on the road surface and knowing that they usually mean a 50mph limit.

 

I'm not a perfect driver, but I've not had a speed related accident in 25 years of driving.

 

My point is this, putting a camera on a road is more likely to make me have an accident. I'm sure I'm not the only one.

 

Edit : I defy anyone to drive for 8 hours per day without loosing concentration for a few seconds, or not go into autopilot for a while.

Edited by Rapidone1234
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Did you think that the speed limit does not apply at 2am and the cameras would be switched off?

 

so what is the purpose of the speed restriction at that time of the morning on what was presumably a fairly empty road with no road works taking place?

 

some years ago speed limits I believe were calculated based on the 85 centile (or something like that) which basically set it at a level that 85% of careful drivers would consider safe to drive at. Speed limits have now just become an arbitary tool with very little relationship to safety and much more to do with revenue raising.

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Surely this a case of bad driving. The camera cannot be blamed for this, only the driver. It must follow that if there was no camera the driver would continue exceeding the speed limit. This cannot be condoned.

Near us we have a temporary 40mph in a normal 70mph for a couple of miles due to roadworks. It seems that most people consider that this limit does not apply to them and continue at 70mph, and then consider themselves hard done by when they are pulled over. I have no sympathy.

 

I completely agree on both points.

 

In reference to the money camera, I do believe the camera being there is the problem over and above the bad drivers who do as per my example. If the camera wasn't visible, ie concealed behind a wall/tree/fence, I would have no problem with that and it wouldn't cause idiots to slam on their brakes. they could then benefit from a souvenier in the post a few days later and an increase in insurance to go along with their new reduction in speed views.

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.....I defy anyone to drive for 8 hours per day without loosing concentration for a few seconds, or not go into autopilot for a while.

 

I can and do every day. I have a feeling Crem does too. I am a driving instructor and believe you me , you need 100% concentration 100% of the time with the pupils these days.

 

To put not too finer a point on it, the only difference between intelligence and stupidity is that intelligence has its limits. I did tell one of my genius pupils that one day. They didn't understand to which I replied, point made.

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so what is the purpose of the speed restriction at that time of the morning on what was presumably a fairly empty road with no road works taking place?

 

These days with long term road works on motorways there are times when the workforce will work through the night. I cannot imagine that it would be viably possible to keep changing the speed limit on a nightly basis in case there are workers or not. Surely during works it is more economical to keep to one limit throughout the time period? And in reality, no problem for most drivers to stay within the limit.

Although the revenue raising argument does have merits, I am sure if you asked most cheif officers, what would they prefer, speeding motorists and lots of revenue, or no revenue and all motorists keeping to the limit, I am convinced they would opt for the latter.

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I can and do every day. I have a feeling Crem does too. I am a driving instructor and believe you me , you need 100% concentration 100% of the time with the pupils these days.

 

You are a driving instuctor that drives for 8 hours per day? When do your pupils drive?

 

Edit : I've never met anyone before that didn't identify with the autopilot syndrome, looks like you chose your proffession well.

Edited by Rapidone1234
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You are a driving instuctor that drives for 8 hours per day? When do your pupils drive?

 

Edit : I've never met anyone before that didn't identify with the autopilot syndrome, looks like you chose your proffession well.

 

 

I would assume he his sat next to the Pupils for 8hrs per day.. He might not be driving but he still needs to concentrate and keep any eye out on the speed and any other hazard that could arise from a learner driver.

 

Correct me if im wrong but doesnt the instructor get penalised if the learner is caught speeding?

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....'Correct me if im wrong but doesnt the instructor get penalised if the learner is caught speeding?

 

If a pupil is caught speeding, THEY get prosecuted for the offence not the instructor. However, it is highly probable that the ADI would be prosecuted for aiding and abetting.

Edited by wheelergeezer
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Did you think that the speed limit does not apply at 2am and the cameras would be switched off?

 

Actually, I didn't take the liberty, I just didn't slow down sufficiently because I hadn't paid enough attention to the temporary speed restriction. Anyway, I've been through many of those temp restrictions at varying speeds with cameras measuring your average speed from one point to the next and never been done so it's easy to think they're just fake pieces of crap which never actually record anything.

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Driving instructors might just as well be driving for the 8 hour day! They have to have eyes in the back of their head, feet at the ready at the duals, and also be ready to grab the steering wheel at anytime! On top of that they are trying to teach as they do all this! Knackering and, the two DI's on here may or may not agree with me, isn't, despite all the ads to the contrary, all its cracked up to be! Not financially anyway.

 

Where I live they've just realised that a lovely 4 lane superhighway (well as near as you can get in a small seaside town!) has its problems, its a 50, but from the first set of lights to the second its 30 because this is where people cross the road to get to the shops. Of course, everyone rattles on through at 50 - so last week the Council installed flashy new cameras to get you if you went through the 30 zone too fast.

 

The first thing I saw was someone actually trying to comply with the 30 restriction, being followed by a stream of angry motorists, full on with the horns, nose to nose, escorting the poor person into the 50 zone as fast as they could! It has also caused the town centre to clog in that area, because we also have the joy of a lifting bridge going up every hour! There is more danger in all this snarl up of angry motorists in the heat, shouting and screaming at each other than there ever was in just letting some motorists whip through. Everyone in the town I know is of the opinion that is the prime example of a cash cow!

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Driving instructors might just as well be driving for the 8 hour day! They have to have eyes in the back of their head, feet at the ready at the duals, and also be ready to grab the steering wheel at anytime! On top of that they are trying to teach as they do all this! Knackering and, the two DI's on here may or may not agree with me, isn't, despite all the ads to the contrary, all its cracked up to be! Not financially anyway.quote]

 

Three :-)

 

Everything they have said so far is spot on.

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Driving instructors might just as well be driving for the 8 hour day! They have to have eyes in the back of their head, feet at the ready at the duals, and also be ready to grab the steering wheel at anytime! On top of that they are trying to teach as they do all this! Knackering and, the two DI's on here may or may not agree with me, isn't, despite all the ads to the contrary, all its cracked up to be! Not financially anyway.

 

quote]

 

Three :-)

 

Everything they have said so far is spot on.

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Anyway, I've been through many of those temp restrictions at varying speeds with cameras measuring your average speed from one point to the next and never been done so it's easy to think they're just fake pieces of crap which never actually record anything.

 

So what you are saying is if you consider the cameras are mickey mouse you will exceed the speed limit?

You obviously knew what you were doing that night, and my own personal view is that once you have received the points you might possibly keep to the limit in temporary roadworks in the future.

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Some posts on this thread seem, in some way to be offering some sort of excuse or reason why people seem to suddenly stumble upon a lower speed limit for roadworks etc. And to say that, 'it was 2am' or 'there was nobody else on the road' or 'nobody was working at the roadworks at the time', is just pure arrogance. Limits are there for a reason and nobody is exempt.

On most roads and particularly motorways, plenty of advance warning is given that roadworks are taking place in 1 mile, 1/2 mile, and so on. So you know that there is a good chance of a lower speed limit when you get to them.

Then, on the other hand, there are those drivers who respect the limit, but do 45 or 46 in a 50 limit, but sit in the middle lane. And for some unknown reason will not move into the inside lane. Tossers.

I'm sick of hearing people going on about cameras being money making machines. There is a simple answer to this problem....dont speed.....dont speed. If people didnt speed, they wouldn't make any money, so they would have to think of some other charge to bang on motorists ever increasing driving costs. So I say carry on speeding and filling the police/government coffers.

Driving demands 100% concentration, 100% of the time.

At the end of the day, its all down to people being crap drivers, simple as that.

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so what is the purpose of the speed restriction at that time of the morning on what was presumably a fairly empty road with no road works taking place?

 

It is not easy to set up TROs for specific times as all the signage has to be changed at exactly those times. There is no authorised speed limit signage that can be displayed at all times which only applies at certain times.

 

Also, in some cases, the speed limits are set because the usual safety devices are no longer present or the road surface is temporarily below spec. For example, where temporary concrete barriers are in place, the limit is set with regard to safe limits of movement when impacted at or below the limit.

 

some years ago speed limits I believe were calculated based on the 85 centile (or something like that) which basically set it at a level that 85% of careful drivers would consider safe to drive at. Speed limits have now just become an arbitary tool with very little relationship to safety and much more to do with revenue raising.

Eighty-fifth percentile - defined much as you state.

 

Modern day speed limits are set without considering this and instead use balnket descriptors - regardless of the road. For example, 30 mph limits being imposed due to the presence of house raather than common sense.

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You say limits are there for a reason, except you don't take into account that those limits need not apply at certain times of day and are only kept in force because THE POLICE WANT TO MAKE MONEY!

 

I'm convinced half of the countrys policeforce and court judges post here. All the pillars of society that like to slap someones wrist at any opportunity however petty :rolleyes:

 

OF COURSE IT'S A MONEY MAKING RACKET. AND THERE IS NO DISCRETION USED OTHERWISE THEY WOULD MAKE NO MONEY ESPECIALLY SINCE MOST PEOPLE NOW HAVE SAT NAV SPEED CAMERA DATABASES TO WARN THEM. AWWWWWWW, POOR POLICE.

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Then, on the other hand, there are those drivers who respect the limit, but do 45 or 46 in a 50 limit, but sit in the middle lane. And for some unknown reason will not move into the inside lane. Tossers.

Central Lane Residents Association members are my personal bete noire,especially at weekends when effectively they turn a 3 lane motorway into a dual carriageway

 

I'm sick of hearing people going on about cameras being money making machines. There is a simple answer to this problem....dont speed.....dont speed. If people didnt speed, they wouldn't make any money, so they would have to think of some other charge to bang on motorists ever increasing driving costs. So I say carry on speeding and filling the police/government coffers.

You seem to be in a bit of a quandary, is the advice to slow down or speed up?:D
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But, Danny although as you say speed limits do not need to apply 24 hours a day, they do apply, and you know they do, however you seem to have a complete disregard for this.

Perhaps you are not getting the responses you desire due to your approach to this.

 

whilst Danny may not be getting the responses he desires in terms of is there any way of the offence not standing, which none of us can help him with, I would say he is getting a great deal of sympathetic support regarding the stupidity and dogma with which speed limits/cameras are used which are not related to safety but revenue.

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whilst Danny may not be getting the responses he desires in terms of is there any way of the offence not standing, which none of us can help him with, I would say he is getting a great deal of sympathetic support regarding the stupidity and dogma with which speed limits/cameras are used which are not related to safety but revenue.

 

 

Hear, hear. Yes, whilst I sarcastically said that I think half of the judges and police post here, there are also, thank god, some people here that agree with me.

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......I'm sick of hearing people going on about cameras being money making machines. There is a simple answer to this problem....dont speed.....dont speed. ...

 

1. I am a professional driving instructor

2. I do NOT speed, never have , never will.

3. These speed cameras can cause problems as highlighted by my previous posts and are indeed primarily revenue generators and very little in the way of safety. What exactly is safe about people slamming on their brakes to go from 90 to 60 then straight back to 90 afterwards?

 

I also sympathise with the OP and I also agree that the 50mph limit on an empty motorway at 2am with no roadworks taking place is harsh. However, as pointed out by others the roadworks are basically set up until finished and there will be times when there is no actual roadworks taking place, as in this instance.

 

So, as far as I can see the OP is guilty of the offence - ridiculous as it may well seem.

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Then, on the other hand, there are those drivers who respect the limit, but do 45 or 46 in a 50 limit, but sit in the middle lane. And for some unknown reason will not move into the inside lane. Tossers.

 

its a speed LIMIT not a compulsory target.

drivers dont have to travel at that speed.

 

would be nice if the rules of the road were observed though, but two wrongs do not make a right.

 

good mail though.

dx

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I completely agree with the last post.

 

HOWEVER, if a pupil is on their driving test on a 40mph road and they drive at 35 when there is no reason to do so other than they feel like it, they will pick up faults for failing to make progress. If it is a NSL dual carriageway and they decide to do say 55mph as they feel comfortable at that speed, but it would be perfectly safe to go up to 70mph, they will fail their test. Something I have never, ever agreed with. I believe reasonable progress should be acceptable and unless they are actually holding traffic back then there is no fault. Pity the DSA don't see it that way.

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