my Leasehold/Freehold property and its issues.

[BazzaS]

If you are of nfa such that the ‘other’ solicitors can’t serve papers on you, how can the solicitors (acting for the Trustees’) send you letters?

 

If you can’t be served by one, logically you can’t then receive letters (and respond to them) from the other : beware a pitfall .....

 

You may wish to consider that before responding: you don’t want to create a paper trail that demonstrates you can be served but are just picking and choosing which letters you will accept and which you’ll dodge ......

Edited May 18, 2020 by BazzaS

[BazzaS]

You might delay the outcome, but unless you can show you don’t owe them money, or can repay what you owe - are you merely delaying the inevitable?

 

What is your desired endpoint here?

 

 

[BazzaS]

Lock v Aylesbury Vale Council ;

Unlikely to help you.

 

A) It places the higher standard on public bodies (such as councils), though can apply to private creditors.

B) It is for where there are no assets to realise via a Trustee in Bankruptcy. In your case there is an asset (they’ll no doubt argue) with the leasehold. This is where any efforts by you (see this & previous threads) about the freehold may work against you...

 

expect them to say a bankruptcy is indicated to allow examination of your assets. 

Edited May 22, 2020 by BazzaS

[BazzaS]

An appeal to the Court of Appeal?

Not for a faint-hearted litigant in person.

 

You wouldn’t want to make a procedural error and get hammered with the other side’s costs……(or lose on a procedural point). If you are up against a large company, they’ll likely have (costly!) legal representation for something going to the Court of Appeal.

 

Whilst CAG might help you with some of the “basic lifting” so you don’t have to get “lawyers to “ (charge you to) “do the donkey work”, are you SURE you don’t want professional legal assistance for the Court of Appeal?

Edited December 28, 2022 by BazzaS

[BazzaS]

Wow. For YEARS you've been posting about the financial hardship you have been facing.

Now you are posting that you've known (for 4 years, at least), that you have a significant claim against a broker / their firm, and that you've "sat on it' for 4 years ...........

CAG can help you, but you actually have to help yourself, with CAG's assistance.

Why the 4 year delay?

The delay may give the brokerage the impression that you aren't serious about following this issue up, especially if you SAR'd them (and complained) in 2019, if you didn't follow it up then.

In 2019, you said your complaint had been acknowledged. You haven't said what the outcome of that complaint was. Was compensation offered, and did you accept it?

In 2019, you said your complaint had been acknowledged. You haven't said what the outcome of that complaint was, did you get a response that you then didn't object to or respond to / or receive a final response?

Was compensation offered, and did you accept it?

(The answers to these will affect if you can now go to the Ombudsman without the firm's permission /

if you still have a potential claim if you accepted compensation and didn't dispute it at the time).

[BazzaS]

Did they say “final response.”  …..but also as part of their final response  “you can take this to the FOS” ? (And if so, did it mention a time limit in which to do so)?

it’d be worth posting up a pdf of their response (personal info redacted)

Edited March 19 by BazzaS

[BazzaS]

You can SAR them again, to check.

 

If:

a) they dealt with it as a complaint,

b) stated that their response was a final response,

c) noted that you could escalate it to FOS (and had 6 months in which to do so), and

d) Didn’t say “we will waive our right to have to grant permission after 6 months” 

Them : you can still take it to FOS but FOS would have to obtain their permission to review it outside of the 6 months (and that seems unlikely) 

https://www.financial-ombudsman.org.uk/businesses/resolving-complaint/before-get-involved#:~:text=These time limits are%3A,they had cause to complain)

 

[BazzaS]

I suggested consideration of bankruptcy some years ago.

It was not well received.

[BazzaS]

If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.