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    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      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.  
    • grumpy59
      eBay parcel worth £265, booked via Parcel 2 Go, 'lost' by Evri

      By grumpy59 · Posted

      It was all my own work based on my previous emails to P2G which Bank has seen.
    • aesmith
      my Leasehold/Freehold property and it's issues.

      By aesmith · Posted

      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.
    • jk2054
      Hertz EV charging failure led to enforced overnight hotel stay - they won't refund expenses

      By jk2054 · Posted

      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
    • dx100uk
      NPE/BW ANPR PCN PAPLOC now claimform - wrong reg - MJB Winelodge, Bridge Road, Lowestoft, Suffolk NR32 3LR

      By dx100uk · Posted

      thanks for bothering to update us after all the free help you got... dx  

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Advice needed.....welcome car finance voluntary termination

trickievickie

By trickievickie
in Welcome Finance

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trickievickie

trickievickie

Posted
Posted

As i could no longer afford to pay for my car anymore i enquired with my local branch of Welcome car finance the amount left i had to pay and to ask whether or not i was half way through my agreement (so that i could voluntary terminate

 

On enquiring with my local welcome finance branch i found that i had paid over half of the amount i was supposed to pay over 4 years.

 

On the ? August 2009, a letter was sent VIA recorded delivery my local branch welcome finance for a voluntary termination of my agreement (the template i got off (debtline site)

 

I rang Welcome finance approximately a week and a half later to confirm whether or not they had received the letter however they claimed they had not received any letter regarding self termination.

 

On the ? August 2009, I actually took the letter into the Branch welcome finance myself in person and handed it to the deputy manager. He said that they hadn’t received the letter recorded delivery. He photocopied the voluntary termination letter that I had previously sent VIA recorded delivery and handed me back my copy. He then informed that that he would FAX it to the VT (voluntary termination) department and that they would be in touch shortly to assess my vehicle. I also informed him that I wouldn’t be making any further payments on the vehicle and that the vehicle should be picked up as soon as possible, as I would not be held responsible for any damage caused to the vehicle as I was no longer using it.

 

As i had not received any correspondence from branch welcome finance, I made a phone call to them again on the ? August 2009 and spoke to the Manager. I informed her regarding the above information regarding VT, recorded letter and that i had gone in to branch personally. At first she said that i had got a CFT agreement and couldn’t VT and that I would be liable for the rest of the amount. I don’t even know what CFT means? Also I asked for the direct VT contact number so that i could contact them immediately regarding collecting the vehicle, however she told me there was not a number for this department. I informed her that i had read my contract thoroughly and that my letter had been FAXED to the VT department on the ? of August 2009 by your deputy manager. She then replied saying ‘Hold the line’, after a short while the manager came back on the phone and said ‘Yes you were right and that can VT and an inspector will come out within a couple of days to assess/inspect your vehicle.’ I informed her that I wanted the vehicle to be gone by the ? of September as I would be away from home.[/font]

 

On the ? September 2009 I received a phone call from a lady from my branch of welcome finance at approximately asking me why my direct debit had been returned and that a the monthly payment on the vehicle had not been paid. I informed her of the above information regarding VT and said that i had already informed the above people that I would be making no more payments and was awaiting the vehicle to be taken away by the inspector. She then asked ‘Have you not heard off the inspector who should assess your vehicle?’ I replied ‘No’. She then said that I needed to make a payment NOW on my debit Card. I then informed her I would not be making any payment until the vehicle had been returned. She continued ... and then asked me; ‘Does the vehicle have MOT, TAX and Insurance’ I replied ‘Yes.’ She then said ‘And you’re not using the vehicle?’ I confirmed this. I found her to be quite hostile and threatening over the phone as she commented on how I could afford to go on holiday, but could not to pay for my car. I found this extremely rude and informed her that My holiday was none of her business. In fact, she even said to me: ‘You need to make a payment now or you will be charged for the phone calls I’m having to make and you dont want that do you.’ I kept calm and polite even though i felt bullied. I even offered to take the car, mot, keys etc to the branch immediatly... she said no you cant do that. I informed her that I would contact her in approximately half an hour after I had spoken to my Advisor (good old dad). I then contacted her and informed her that I would not be making any payment what so ever. She then asked me ‘Have you read you contract?’ I replied ‘Yes I have’. She then said ‘You have CFT agreement and that I can not VT’. I said to her your manager said the same thing as you about CFT agreement last week on the phone go, but then she changed her mind ( hence informing her of me coming in the office and the VT letter being faxed to Nottingham by the deputy manager) she then said i could VT and that an inspector was coming within a couple of days. the lady yesterday then went off the line and then come back to me and said i was to contact the VT DPT and inform them that a FAX sent on the ? AUGUST 2009 and that there office was advised on the ? of the August 2009 that it was a CFT agreement.

 

On the ? september 2009, I contacted the VT department and spoke to a male . I gave him all the relevant details and explained to him the above situation that I had experienced. He informed me that I can VT and attempted to speak to the lady at the Branch whilst I held the line. He informed me that he couldn’t get through to her and would log all the details on my account. He then told me to ring her at the Branch and she should give me the Compliance contact number. He actually give me the number as well, he gave me Compliance Department ( department number that deals with complaints when branch not doing what they should do) He also asked me if I had my contract details, in which I replied ‘Yes’.

 

 

I rang The Branch again and spoke to the same lady and informed her regarding the phone call i had with the VT department and she gave me a Compliance contact number as requested by myself (However this was a different Compliance number to the one the VT dpt given me in the wrong one that never existed any more...how convenient)

 

So i rang the Compliance number given me by the VT dpt.

 

? I decided to ring the VT department again in order to find out whether or not there was an alternative number. I spoke to the same gentlman as yesterday, who remembered me from previous phone call and he informed that that the branch had put an email on my account just saying ‘spoken to customer and informed her to speak to VT department’. The gentleman gave me another number reception switchboard and then ask to be put through to an extension number of the compliance department.

 

I rang reception switchboard and informed her that i had been attempting the compliance office for welcome finance several times and the phone kept ringing out. She took my name contact number and account number and asked me what the enquiry was about. I informed her that the VT department gave me this number and that my branch of welcome finance had not been doing what they should be doing. She said she would send an email immediately and get them to call me asap. I informed her to get the compliance department to call me urgently to day. She said that as soon as the email is sent they should contact me shortly

 

Recieved a phonecall ? shortly after from the compliance dpt and i informed her of the above details. She said that customer relationship centre will be in touch in 24 hours and gave me a complaints ref.

 

 

Can someone tell me what happens now? has anyone ever experienced the above? I have checked my contract over and over again? I am thinking of involving trading standards...? Can i take the car up to the branch my self and hand all the relevant documentation to them? :!:

 

I will keep you all posted

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brassed-off-2

brassed-off-2

Posted
Posted

Welcome Trickievickie

 

Someone with more knowledge of the car stuff will be along soon to offer help...sorry its not my strong point.

 

b-o-2

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

__________________

File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

 

http://www.insolvency.gov.uk/complaintformcib.htm

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steveoram1

steveoram1

Posted
Posted

They are the crookedest finance company in the UK. Please post up your agreement with your personal details removed - try photobucket. If your agreement is like most of Welcome's you have probably been sold loads of add on insurances without your knowledge or consent. I should know - I used to work for them and earn shedloads by bamboozling people. Something I'm not proud of. If anyone needs the full SP on how WCF operated before their timely demise please PM me and I'll PM back with all of their underhand tricks. Only applies if you bought your car from WCF own showroom.

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trickievickie

trickievickie

Posted
  • Author
Posted

Hi thanks for that, funny enough i cancelled all my insurances (apart from the short fall extra - Gap insurance) in 2008 as i only realised then how much i was actually paying for insurances - ppp and mechanical breakdown! When i cancelled the insurances they told me it would come of the total and that my montly payments would not be reduced. If i cancelled the insurances the money would be taken off the amount i owe and reduce my time to pay by 3 - 4 months so in other words i only had eg.2years left instead of 2years and 3/4 months. I still went ahead and cancelled - but never had anything in writing to say i had done this? It was only by reading forums with peoples experiences that i began to find out what a dodgy company they are. So a couple of months ago i rang up for my figures and actually asked when i would be half way through my agreement. She gave me the figures and told me that i was over half way through next month - hence me voluntarily wanting to terminate. So then i did it (see previous entry). What the laugh is i never ever missed 1 single payment and yet they said i owed £600..and something as part of VT agreement, they even asked me if i can i auction my car, or you need to make a payment now, then in the next breath when i have said no i cant they say i cant terminate my local branch say i cant ( see previous entry ) they tried everything....Maybe they were just trying to get some last bit of commission....? hey?

 

I cant send you docs cause not sure how to do that ( am not that good on computers!!) and i dont know wat photo bucket is..sorry. I am off on me hols now for 2 weeks..:) so i will try and do docs when i come back somehow?

 

Thank you

 

trickie

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  • 3 weeks later...
cookiegirl072009

cookiegirl072009

Posted
Posted

I am having the same problem at the moment as well with the Colindale Branch.

I have had my car just over a year with Welcome Finance and unfortunately was very ill and was in hospital for 3 months and thought i would be fine because i had payment protection,but of course i wasnt which meant my payments went into arrears i was only on Statutory Sick Pay. In the mean time i was getting threatening calls from WCF and i explained to them that there was nothing i could do as i was still arguing with them about not being covered and then i was being told that isant it a bit funny that i get the car in february and then in march i am rushed to hospital basically calling me a liar.

I then spoke to the sales manager who then reduced my payments and told me that it would be ongoing which was fine, last week i received a letter saying that they are putiing my payments back up to 400 per month which is ridiculous, so i called them and advised them that there is no way i can pay for this and i ended up having some jumped up twerp on the other end of the phone threatening me tellimg me they will come and get the car and i should be greatfull that they even reduced the payments, why get a car if you cant afford it, he was really rude and to be honest if i was in front of him i probably would be arrested now they just have no manners.

I asked to speak to a manager which he refused to put me through to tell me he is an account manager i can talk to him.

He has now said he is going to arrange to get my car taken away.

 

Where do i stand with regards to this can anyone help?

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