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    • 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.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
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MKDP LLP Sent me court forms today for ccj


janedow
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Hi everyone, I started another thread but as it was thrown out of county court due to the wrong company claiming money I have now been sent the correct court papers and would really appreciate some help.

Old thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?345119-Help-please!-been-sent-a-county-court-claim-by-Tradepro-card-services-ltd

 

Received a county court claim today from MKDP LLP issue date April 5th but received today April 12th.

The exact Particulars of claim.

 

The claimant claims the some of £57..being monies due from the defendant to the claimant under a regulated agreement between defendant and Barclaycard (123456789000000) and assigned to the claimant on 13th March 2011 notice of which has been supplied to the defendant.

The defendant has failed to make payment in accordance with the terms of agreement to the consumer credit act 1974

The claimant claims the sum of £57.. and costs

The claimant has compiled, as far as is necessary, with the pre-action conduct practice direction.

 

 

I have already sent a request for the original credit agreement rec delivery, I also sent another SAR to Barclacard Rec delivery as they couldn't find my last request.

 

Please help, as I said on the other thread, I'm suffering from anxiety and depression and am on Incapacity benefit so have no way of paying at present.

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Hi and thanks for the reply, Some of it is owed by me minus unfair charges plus interest, but I cant work out what is unfair until I receive the information back from Barclaycard who didn't respond to my SAR last year.

I made a complaint and issued another this week, this time keeping all copies of Rec delivery slips and postal order slips in VERY safe place, I issued a CCA request to MKD by rec delivery to.

 

Im thinking of asking MK for exact details of how much of the amount they are claiming is unfair charges plus interest by sending a PART 18 REQUEST letter, would that be a good idea or not do you think?

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Hi, everyone could anyone offer advice on me sending Part 18 request or should I have posted this follow up on original thread ?, I thought because it was another claim I had to open a new thread, hope i haven't got it wrong?

Thanks

 

PS the claim is for more than £5k but didn't want to put exact figures in in case it showed who I was.

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