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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Hastings Car Insurance


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Sorry if a similar post has already been posted but I haven't got the time to look through all the posts on this section.

 

My mother has just received two car insurance renewals through the post this morning, one from the insurance she thought she was with and then another from an insurance company that she cancelled last year.

 

Problem is that on checking her bank statements she has been paying the two of them, when Hastings should have been cancelled as requested last year by phone when their renewal premium was higher.

 

What I would like to know is does she stand a chance of getting her money back from Hastings as this is an error on their part ?

 

Thanks in advance

Sarah

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The problem may be proving this. The cancellation would have been made almost a year ago and I have no idea if they would keep their phone records for so long. The obvious thing to do is to write to them and point out that the policy was cancelled by phone, but they failed to follow your instructions, so you would like a refund. Then sit back and see how they respond.

 

This shows up the problem with making monthly payments by direct debit to insurance companies. I detest the way they rely on the customer to cancel the policy in these circumstances. If the premium has been paid up front then they have no way of going through this automatic renewal process. It does highlight the importance of not only informing the insurance companies but also cancelling the direct debit with your bank.

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Thanks for the advice, guess my fingertips better start writing a letter :(, I have cancelled the dd from her bank when she phoned me to say so no doubt they will have something to say about that

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Dear Sir or Madam,

 

I was insured with Hastings Direct in 2005 and on receiving my renewal on xx/xx/2006 after getting alternative quotes I chose to insure with another company. I phoned Hastings Direct and informed you that I would not be renewing my policy on xx/xx/2006. I was informed that the policy would not be renewed.

 

I have now received a renewal from my current insurers and Hastings Direct. On checking my bank account I have noticed that Hastings Direct has debited my account for an insurance policy, despite my instructions given to you last year that I would not be renewing my policy with you.

 

Please could you investigate why you did not cancel my policy as instructed. I trust that your investigation will reveal a mistake was made by you and I look forward to a full refund of the premiums I have paid on a policy that I instructed you to cancel.

 

Yours faithfully,

 

 

etc etc

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Just point out that you requested they Lapse/cancel the policy at last renewal as you had arranged alternative cover and enclose a photocopy of your new insurers certificate to confirm this.

 

Request a full refund as they renewed without your authorisation (as you requested to lapse the policy) and that you have been dual insured for the past year.

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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another idea, sorry if this won't work, but I would contact the bank and tell them that the policy was cancelled but the insurance company has inadvertently continued to take the fees, and ask the bank to refund. its just another example of how direct debits work in the recipiants favour, not the payee.

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