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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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    • 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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Atlantic Gas and Electric Treat Disabled People Like Crap


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Scottish and Southern Electric are rubbish.

 

Their meters are not correct and never will be.

 

Do not ever get a repayment meter and do not accept their readings or your usage on an ordinary meter.

 

We started off on a low tarriff as we are light users and except for the very cold spell last year always have been and within six months the tarriff trebbled.

 

Our arrears is not because we have used more; it is because of the high tarriff and charges and the escalator of 37%.

 

We have been threatened with disconnection three times despite being disabled and ill and we have completed a form to go onto a new tarriff which they lost and now I cannot find the copy.

 

They should have sent another one but did not and now are sending one six months later.

 

They claim to understand while using threats and blackmail and I am not paying any more than we agreed with them last summer which I have in writing.

 

They recommend if you please a direct payment from my benefits. Yea, just try it!

 

They recommend if you please a payment meter.

 

The CAB say no as the amount that we owe is in dispute and the meter is not correct and we cannot be forced into this.

 

We use 0 gas in the summer as we do not cook hot meals and we do not need the heating on!

 

We have not had the heating on for the last 6 weeks but they estimate our usage as twice that from last November in the snow and ice!

 

We are not budging on this one and not paying anything more until they move us onto to the social tarrif and back date it to November 10th which is when we filled out the last form.

 

I have copies but I cannot get to them as we have had to have work done for our health problems and have other more pressing needs like getting to the hospital all the time.

 

.... is sympathetic but I cannot forgive them for sending the police round last winter when we sent them a complaint as they were 'concerned about our mental health'.

 

I told them and the police to mind their own business and refused to give them any information.

 

It is not worth moving to a new supplier as we have done this four times and they are all owned by Scottish and Southern in any case and are as rubbish as each other.

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  • 2 months later...

I have had enough about the greed of this company that treats disabled people like crap.

 

I am physically and mentally ill and my husband had to leave his job as he had cancer.

 

We moved to this company as they promised to place us on a social tariff and this is what we began on.

 

Then last year our costs went through the roof and the meter started to run away with itself, and even when no gas or electric was being used it was going potty.

 

Atlantic admitted a mistake at first and then offered to test it but only if they could take it to a lab.

 

The CAB told us they have to service the meter every two years and can test it on our property.

 

The company refused to do this.

 

....... is meant to be dealing with this but she has lost three forms to place us on a new social tariff and also the copies that we sent to her.

 

We are meant to get £50.00 credit for last November and it back dated to then and also on our March and June bills.

 

They already agree that we can pay £15.00 gas and £12.00 electric and we know this is what we can afford but they want instead at least £53.00 on each bill every month.

 

We get £301.00 every two weeks total income and have to pay all of our bills ourselves, and get no other help at all.

 

We pay our mortgage from this as well as our council tax and our food.

 

I have special needs and equipment and cannot get out of a chair or bed without electric as the bed is electric and a special bed

and we have equipment and medical equipment from the electric as well and they are aware of this.

 

We do not use any gas at all March to October as we have heat switched off and still it is as if we had it on all of the time all day every day and this is not the case.

 

We have been over charged by £600.

 

The last form we copied and sent to them at the end of May and they have not processed it.

 

Instead this stupid woman has gone on holiday for a month and it is sitting on her desk.

 

The only thing they have done about it is to send us two double bills, lost the last 10 payments, and send us now a termination letter for the gas and when we complained one for the electric.

 

They are going to cut us off instead of putting us on a social tariff and refuse to accept that they agreed to us paying £15.00 and £12.00 which we are paying on the cards each month.

 

I have complained to the head of customer services and they still have ignored me.

 

I have sent them several emails and they have not done as I asked them and call me at a specific time so as I do not have to pay for the phone call.

 

I called them twice: the first time I could not hear them and when I asked them to speak up they swore at me and put the phone down.

I got one call and told to phone a premium call number.

 

I phoned and was held on for half an hour before they cut me off again.

 

I have even threatened to turn the gas on and blow the place up if they come out to cut me off and I will do so,

but they still have not bothered to resolve this and to contact me or to help me in any way.

 

What am I to do? We are very ill because of this and very worried.

 

Thanks

 

Lyn-Marie

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pers i think its time you contacted:

 

http://www.ofgem.gov.uk/Consumers/Pages/Consumer.aspx

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 9 months later...

/SIZE]I have been totally outraged by the fact that Atlantic Gas SSE coned me into thinking that I was being helped by them and that they wanted to help their more vulnerable customers. I was telephoned, several times over several days and told that they wanted to speak to me as they had a promotion to phone customers on Extra Care Plus and social tariffs and they wanted to help me to reduce my bills and arrears. They have a trust fund and can also replace some old appliances free of charge.

 

So what do I have to do? Answer a few simple questions on the phone for a few moments. Fine but please not longer as it is too hard and painful for me to remain on the phone for long. 20 minutes later she was still wittering on about the trust fund and how it worked and had not taken any details.

 

Sorry have to go! She rang again and this time asked for a meter reading. Sorry we cannot physically give you a reading. She then went on about the account which has been in dispute for two years and started on about them coming out to test the meter. Fine but they have been going to do this for the last 12 months, when are they coming? Then she told me I was entitled to the trust fund and I said fine send me an application form and I will get back to them. Then they cannot do anything to help me unless I agreed to them taking the damn meter for testing. Fine. When? She will put it in an email.

 

Two weeks later and no email or anything else so I complained. Got a response from Alan Ward, putting my payments doubled to what we pay now and double what we can afford. What for and where is the help please? Cannot do it in a form as a form does not exist have to do it over the phone or not at all. I cannot do it over the phone it takes too long and have asked no contact by phone so how do they have my ex directory number to phone me 20 times in one day in the first place?

 

Mr Ward now aware I am on ESA support group and puts it back to my current plan but says they will give me no help unless I agree to the meter being tested. I have already given permission but I am not sitting around for six hours I want AM or PM. They can only come at 8 in the morning. In that case, no it is not convenient.

 

Agrees to leave the meter testing until the customer liaison person comes out and will arrange for them to apply for me. I agree but as my father is seriously ill in hospital ask them to leave it for two weeks as we are arranging some home and personal care for him. This request was not conformed with and I get a demanding email from Mr Ward, demanding a response by return to confirm a time and date that we will be able to have a visit from the liaison person a month later. Mr Ward has gone on holiday for 10 days and wants an instant response! Told him we cannot give him an instant response. Get another email from someone else demanding that we choose one of 3 days at 8 in the morning at the end of the month and that we let them know at once or they cannot help us. The liaison person is not coming to help with our trust fund application but to tell us how to cut down on our consumption. That made me see red!

 

Our consumption is very low and it is there faulty meter that it to blame and they are coming to tell disabled people not to have the heating on or to stumble about in the dark. And what about respect for my wishes! I told them to go to hell.

 

Mr Ward also did not return the payment plan back to what it was and what he agreed and it is still double what we can afford. We have told them this is all that we can afford and are now complaining to the Watchdog. These people are just fond of chaos and cons. They have not helped me to apply to a trust fund they have doubled my payments and now unless I agree to have the meter tested they cannot help me further and without the person coming to the house they cannot give me any help or put on the account the assistance that I am entitled to.

 

All they had to do was to leave me alone for a couple of weeks and instead they hounded me and have caused a lot of upset and trouble and stress. My father came out of hospital for 10 days and then went back in for another 3 weeks and these people have just made absolute terrors of themselves demanding this that and the other at a time we need space and support. And now my dad came home and we have all the support in place and then he has died over last weekend and Alan Ward is still leaving me emails asking me to phone them and demanding a time and date. I have already told them to leave me alone it is now a complaint to the Watchdog. I got it put up further but they have totally failed to deal with it and just made threats to take me to court and to send the account to debt collection. Well let them! I cannot afford to pay anything more than what I pay and as far as I am concerned there is nothing they can do about it.

 

I am really angry and feel cheated and ill used by these people and even my husband lost his cool with them and I had to tell him to calm down. Why can't they just have sent a form? Why not leave me alone for a couple of weeks and put the account on hold until they had applied the discounts from the trust fund application? Are these people complete morons?

 

Yes, and now they are going to learn what it means to treat people in this way.

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Hi

 

I can understand totally where you are coming from an in the process of fighting SSE on behalf of a Disabled Veteran as they are refusing to put him of there Careline and when questioned by myself the excuse is:

 

* He is not entitled to Careline as he has "to much income".

 

When quized about this they say the Disabled Veterans income of Service Attributable Pension and War Pensioner with High Rate Mobility and Care take veteran over the set limit. I argued with these idiots that these are not income and are Disabled Benefits that even the Government cant Tax so how are they income.

 

They stated its policy so I asked for a copy of this policy and guess what it aint materialized how surprising as i bet they are wrong.

 

So have now been advised to report them to: Equality and Human Rights Commission here is the link: http://www.equalityhumanrights.com/

 

So will be reporting them on Monday and see what happens would advise you report your issue to them as well

 

I know its really hard but try not to let it get to you and you are in the correct place for help and advice.

 

The way the Veteran looks at thing is Dont get Mad Get Even.

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Hi,

 

Thanks for the link. Before having even read the whole thing I was thinking these are disability benefits and do not count as income. High and Middle Rate Care Certainly are not income; any one who deals with disability matters or any official matters knows that. The sad thing is: most people so called workers and advisers on sections in companies dealing with disabled customers are not fully trained or informed and most of them are not disabled either, and have never met a person with disabilities, or had any rights training or welfare training or even sensitivity training. These people with SSE even make me feel sad to be a Scot. Scots are normally more caring when it comes to community matters. These idiots have no idea. Good luck with your complaint. Unfortunately, I have not been back to my computer for a few days and will not be doing anything for a time as I buried my father yesterday, and still got an insensitive email from these people wanting me to make a decision as to if the customer service person can come to the house or not. Just what part of the word No is not understandable? I would swear at them in Gaelic, but they may understand it.

 

Take care.

 

Lyn-Marie

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  • 3 weeks later...

The goons at Atlantic SSE have reviewed my case:

in about 3 hours from when they decided and they have now concluded that they cannot help me at all and the decision stands and told me to go to the Ombudsman,

which I have done, but I am not going just let them off in the meantime.

 

I have an agreement in writing from Alan Ward, which was not enacted although he said he had asked them to do this, prior to my complaint.

 

I am not going to allow them not to honour putting my payments back to what they should be as I have this in his email

and letter and they will get emails after emails until they do so, outside of my complaint, even though it is now deadlocked.

 

At lease they have no excuse such as we did not know that I did not agree with their decision or the rate they want it paid at.

I have challenged why they know I am in fuel poverty, admitted to by their phone call on 25th January 2012,

and they admit I am only on benefits and they know I can only afford what I pay now, so why are they insisting that I need to pay double.

 

Needing to pay something and being able to are two different things: and I cannot be forced to pay money that will make my situation worse.

If they think that by sending out a schedule that is different to the one agreed and my not being able to pay it they can justify then hounding me with bailiffs and stuff,

they are very much mistaken.

 

I am a vulnerable class customer and am registered with them on Extra Care Plus and a social tariff, so just what are they going to do?

I have extra protection from the law that states that they cannot cut me off and I am sure that the courts will not force the issue beyond what we can afford to pay.

 

Even if you force someone onto a payment meter: the money that is set at has to be what they can afford, so does taking it direct from benefits!

The amount of money we have is not going to magically increase in the meantime and I am prepared to take whatever action I deem fit to keep them out of my property

and if that means using force to stop them, I will!

 

I am past caring what these goons can do and say and I am not going to sit here and allow them into my home or anyone else for that matter to force me into anything, not without a fight!

 

If the courts will not back me up; I know someone else who will!

I just wish I could win some money and get rid of them and everyone else or change: and may-be I will, arrears or not!

 

Fight these mobsters in our fuel industries and all fat cats. It is the only way to send the message that we are not going to be bullied, stamped, sealed, filed or processed. I am not a number, I am a free human being, I have rights and I intend to enforce them!

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Hi Bandit

 

Just something to consider have you checked SSE Website and have a good look at the "Warm Home Discount" as the categories for applying for it recently changed and more people are now entitled so something to consider.

 

Who can apply for it is on the website and you can download an application form.

 

I only found this out recently with veteran i help as he never used to be entitled to it but as the categories for applying changed he is now entitled to this.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Hi Bandit

 

Just something to consider have you checked SSE Website and have a good look at the "Warm Home Discount" as the categories for applying for it recently changed and more people are now entitled so something to consider.

 

Who can apply for it is on the website and you can download an application form.

 

I only found this out recently with veteran i help as he never used to be entitled to it but as the categories for applying changed he is now entitled to this.

 

Thanks, yes have downloaded an application form and will be filling it in over the weekend and asking for it to be back dated as they should have told me about this in the phone call in January. I remember from an older email that they told me I would automatically be moved to something like this, this year, but again they have not followed through and it is up to the customer to scroll through forums and websites to find things out, as if we do not have anything better to do. But yes, I will be asking for this discount.

 

Cheers

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Hi Bandit

 

They cannot back date the Warm Home Discount as i thin the cut off period was 28th March 2012 so new applicants wont get it till next year.

 

Also just remember with your energy provider there big boss is SSE

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi Bandit

 

They cannot back date the Warm Home Discount as i thin the cut off period was 28th March 2012 so new applicants wont get it till next year.

 

Also just remember with your energy provider there big boss is SSE

although you might be able to make a case for them to do so out of their profits in recognition of the way you have been treated.

 

Why didn't they advise you to do this themselves? They obviously know your position. Don't they have a duty of care. You could say that a necessary adjustment that they should make in view of your disabilities is to advise you of all discounts and benefits that are available to you (disability discrimination act)

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