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    • I spoke to a pro-bono entity this afternoon.  They advise I must initiate a claim in the court v the receiver if I want to then file an application for an order for sale.  I must have a claim/ proceedings to be able to force a sale. The judge in the current proceedings  has told me that I cannot force the lender to sell and the lender cannot interfere either.   If the receiver isn't acting correctly and isn't selling - this means I must make a claim against the receiver
    • Thanks Dave It's not too far away, about 8 or 9 miles, so I will probably venture over on my bike if I can't think of a good reason to drive there again! I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park. The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.
    • As they have failed to deliver their original PCN you will need to send them an SAR where they should provide that PCN. It should show the address they used . If it is not your current one that would explain the non delivery. If it was correct then perhaps the Post office messed up. A more cynical view would be that UKPC didn't send it so that you couldn't claim the reduction. It appears that UKPC have been there for some time  but I have been unable to find any pictures of their Notices.The leisure park itself is pretty big so while some parts maybe give 5 hours free parking other parts may have restrictions like permits. I haven't been there for years -I went  to Nandos and the bowling centre . I am surprised that they are now infested with UKPC as the place is plenty big enough not to require their dubious services. If you live not to far away it would help if you could get some legible pictures of their signs. Be carful to park in an area that doesn't require a permit and take photos of the entrance signs, the five hour sign and the permit only sign as well as any other signs that are different from the previous signs. Also if their is a payment machine could you please photograph that.
    • This other entity doesn't know what's going on.  To be clear I had huge equity.  No-one would ever expect a lender to erode all my equity.  The question is - if anyone knows the legal answer - on the basis they have a charging order - could they make an application for an order for sale?  
    • Is this place near to you? I ask for two reasons. If you can easily go back, then get photos of the signs.  On GM and Parkopedia there are various comments about the signs being pants. Also go back to the school uniform shop and ask the manager there for contact details for the retail park (which I've Googled & Googled and got nowhere).  The school uniform shop will just be tenants of the retail park, they won't be able to do anything.  It will be the retail park that called EPC in, and we've seen loads of cases where the organ grinder has intervened and called off the monkey.  As for EPC, aye, ignore them until LoC stage.
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Clivey888 v RBS Help with MCOL required please


clivey888
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Hi there,

I have received a fob off letter from RBS last friday after LBA basicly stating that charges are fair and will not refund.

 

A little history about this is that 3 years ago my bank card was left in my local branch when i requested a dd to be cancelled, The card was handed over to lady to take account number i then went back to work forgeting my card, After i rec tel call at work stating my signed card was left there and would i like them to put in post, I stated no i will come and collect, The lady then stated it's no problem which i agreed.

 

My bank card was sent out to me normal post not recorded or special and was stolen resulting in funds to the tune of £600 being stolen from account by means of purchases in different shops to the calue of £50, I rec no apology from the bank and to make matters worse the lady in question lied and said i had requested it to be posted......I was fuming and stated i would be leaving and would pay the overdraft on my account and the joint account back £200 a month to clear £3000 they refused and wanted all back straight away which i couldn't do, This then escalated to there collections whom passed on to debt collection to whom i have been paying each month to clear.

 

Last month i phoned my local branch and to my surprise spoke with the lady that actuall sent my card in the post 3 years ago whom could not be any more helpful and got me my statements with no charge or questions asked after 3 days.....Wonder why she did that lol....

 

I then sent request for charges to be repaid with no interest and rec letter back stating that they were investigating then i rec letter stating charges fair etc and to liase with debt collection firm after my LBA refusing any refund.

 

They have made there position clear and would like to now do a MCOL but am confused about how to word this on line, Any suggestions and help would be greatly appreciated.

 

The sum i am claiming is £2116 charges plus 8% interest = total £2762.04

 

Also what can i expect them to do after the MCOL and what is the time scale.

 

Your help will be greatly appreciated

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Hi Clive,

 

First of all if its 14 days since you sent the LBA then moneyclaim is the next step, there is a template for the wording in the library.

 

Just take your time and post here what you're writing before you submit if you want somone to check it over for you!

 

Once MCOL is submitted the bank have 14 days to acknowledge the claim and then a further 14 days to enter a defence.

 

If you read around the forum there are lots of us who have been in the same position and there is help to most questions on the threads, but if you need any further help just post here!

 

Stacy xx

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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