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    • 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.    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.  
    • 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.
    • 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
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      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.

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Hi all. I am back again and trying to pursue my claim with the Halifax. I have written many letters to the point where they have agreed to my terms of giving me £1000 instead of my whole claim but have failed to give me the money. I know that they are just trying to play for time. Anyway, I have told them that I am now unwilling to accept this amount and will go for the full amount of my claim, which is £1471 but I am just confused about adding the interest. I have read the court document on 'How to claim' and it speaks about adding daily interest. So I have done the calculation 1471 x 0.00022, which is around 0.32 and have times the amount of days each charge has been owed to me by this amount. The longest date charge is around 1300 days as I am claiming from August 2003 and the amount comes to around £422 but I don't know if this is correct. Also what interest do you add to the amount that you initially claim. Do you add all the charges then times this by 8% or add 8% to each individual charge, then add this to the total amount claimed. I am so confused, please help someone as I really need to do the next set of letters properly and give them time to response before taking court action. thanks

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shortwoman

 

don't panic, you are mostly right already

 

you add the interest to each individual charge from the date it was applied to the account up to the present day

 

do this for all charges and you should end up with 5 columns

1 - statement number so even Halifax can find it!

2 - date of the charge

3 - charge description (card misuse etc)

4 - charge amount

5 - interest on that charge

 

then at the botom you will have a total for the charges and a total for the interest - i would mention these seperatly on the letter so they can see it has been properly worked out

 

also only the judge can grant you the interest so 2 accurate seperate amounts is more 'proper' (grammar!!)

 

hope this helps

 

sod:)

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Thanks again for your speedy response, but if I add the interest of the total amount from the date of the charges then this adds up to the huge amount of over £10,000!!!! Can this be right. There is alot of charges!!!

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sw

 

that does seem v high:eek:

 

can you post the details on this thread? - obviously not bank details but maybe total amount of charges?

 

there is a calculator at the very beginning of the CAG site btw which is very easy to use

 

sod

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Unfortunately, it is very difficult to do this as I am not on the internet at home and am currently using the library but most of the charges are for £30, £35 and £39 with the majority being in 2005. It states on the How to claim handbook that, sorry if you look on my first post, I followed their guidelines. Have to be quick as my time will soon be up!

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Unfortunately, it is very difficult to do this as I am not on the internet at home and am currently using the library but most of the charges are for £30, £35 and £39 with the majority being in 2005. It states on the How to claim handbook that, sorry if you look on my first post, I followed their guidelines. Have to be quick as my time will soon be up!

 

Hello Shortwoman,

 

The way I have done it which I believe is correct, but have not yet started with the court proceedings, is to list each charge and date of charge. then how many days from that particular charge up to today. I have then multiplied that charge by 0.00022, and then multiplied by how many days. I found it quiet a lengthy process, doing each charge individually.

 

I'm not sure what the 8% you mention is for ?

 

Example

Date................ Amount. Days.... Interest p/day.. Interest

31-Jul-2003....... £60.00... 1345..... 0.0132.............. £17.75400

26-Aug-2003...... £60.00.. 1318..... 0.0132.............. £17.39760

27-Aug-2003...... £30.00.. 1317..... 0.0066.............. £8.69220

30-Aug-2003...... £60.00.. 1314..... 0.0132.............. £17.34480

10-Sep-2003...... £60.00.. 1303..... 0.0132.............. £17.19960

17-Sep-2003...... £30.00.. 1296..... 0.0066.............. £8.55360

31-Dec-2003...... £30.00.. 1191..... 0.0066.............. £7.86060

 

 

My total charges = £2873.00

My total interest = £397.77

 

If somebody knows if this is correct or not please advise.

 

 

Many thanks

Marc

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if you want to you could cut and paste them from a Word document onto this thread and I will work it out for you

 

i have a lot of time on my hands during work for this sort of thing and would be happy to help you get your cash back from the banks

 

up to you - i will be offline till tuesday though

 

sod:)

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if you want to you could cut and paste them from a Word document onto this thread and I will work it out for you sod:)

 

Thanks for offer, tried to cut and paste it from excel spreadsheet, but didn't work very well...! Sorted it now.

 

Marc

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Thanks for offer, tried to cut and paste it from excel spreadsheet, but didn't work very well...! Sorted it now.

 

Marc

 

was talking to shortwoman but nevermind!! LOL:lol:

 

good luck with the claim

 

I hope Halifax are as inept and accommodating as Natwest as you will be rolling in it asap if thats the case

 

bw

 

sod

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Hi all, thanks for all responding. Mayb i calculated it all wrong, but i have copied this from the 'How to claim' part of the county court form.

 

Interest

 

You can claim interest on the money the defendant owes you. If you want to claim interest, you must include it in your 'particulars of claim'. Write your claim in the following way:

'The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [put in the amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest].

Working out interest

 

To work out the amount of interest you are owed up to the date you start the claim, you first need to work out the daily rate of interest. Using a calculator do the following:

0.00022 x the amount of your claim.

This gives you the daily rate of interest.

You then need to work out the amount of interest you are owed up to the date you issue your claim. Count how many days have passed since the money became owed to you and multiply that number by the daily rate of interest.

For example,

If you are owed £1,000, the rate of interest would be as follows:

0.00022 x 1,000 = 0.22

So the daily rate of interest is 22p.

If the debt became owed to you on 7 March and you are filling in the claim form on 26 April, 50 days have passed.

So, 50 x 0.22 = 11.

You can add £11 to the amount you are claiming.

 

 

 

What i have done is 0.00022 x 1471 (as this is the amount of my claim) is 0.323. OOpppsss!!!! I have just re-calculated some of my charges and realised that they are wrong!!! My apologies to all. But it seems that in my original letters to the bank, I need to request the total amount eg. 1471 plus 8% interest which is 117.68, total 1588.68, correct????

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By the way, quick question for anyone. I am currently repaying a catalogue but they are charging me £75 in administration fees for every month I miss a payment and £12 in interest reduced from £35. I'm am assuming that they cannot do this and want to know how I can get this knocked off my balance.

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Hi all, thanks for all responding. Mayb i calculated it all wrong, but i have copied this from the 'How to claim' part of the county court form.

 

Interest

 

You can claim interest on the money the defendant owes you. If you want to claim interest, you must include it in your 'particulars of claim'. Write your claim in the following way:

'The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [put in the amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest].

Working out interest

 

To work out the amount of interest you are owed up to the date you start the claim, you first need to work out the daily rate of interest. Using a calculator do the following:

0.00022 x the amount of your claim.

This gives you the daily rate of interest.

You then need to work out the amount of interest you are owed up to the date you issue your claim. Count how many days have passed since the money became owed to you and multiply that number by the daily rate of interest.

For example,

If you are owed £1,000, the rate of interest would be as follows:

0.00022 x 1,000 = 0.22

So the daily rate of interest is 22p.

If the debt became owed to you on 7 March and you are filling in the claim form on 26 April, 50 days have passed.

So, 50 x 0.22 = 11.

You can add £11 to the amount you are claiming.

 

 

 

What i have done is 0.00022 x 1471 (as this is the amount of my claim) is 0.323. OOpppsss!!!! I have just re-calculated some of my charges and realised that they are wrong!!! My apologies to all. But it seems that in my original letters to the bank, I need to request the total amount eg. 1471 plus 8% interest which is 117.68, total 1588.68, correct????

 

this sounds correct to me

 

sod

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By the way, quick question for anyone. I am currently repaying a catalogue but they are charging me £75 in administration fees for every month I miss a payment and £12 in interest reduced from £35. I'm am assuming that they cannot do this and want to know how I can get this knocked off my balance.

 

 

:o £75

 

this seems er......criminal!

 

I think you should treat them the same as a bank

 

use the templates provided, threaten them with court action and take them to court if neccessary

 

that amount is disgustuing:evil:

 

good luck shortwoman & keep us posted

 

sod:mad:

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They really do try to squeeze every last pound from us, when we can least afford it, don't they!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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A lot of what I'm doing is just to reduce the amounts. There's no shame in that!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Back again and still confused. My first charge is £30. Days past is 1309. I have done the sum 0.323 x 1309 and somehow got 422.807. This cant be correct, but there is no other ansa. However, if I do 0.00022 x 1309 it comes up 0.28798. Am I doing something wrong here???

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