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    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  Irrespective he'd asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.  Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since. I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
    • Yes and will ask you if you are in agreement and or wish to add /remove any direction.
    • Torys seem to think its worth while - cheap muckspreading while they get away with ACTUALLY doing it? More the aspect of ensuring that when these tactics are used without justification - make sure your people aren't doing it more and worse or their crap spread on the waters ... - mind you, the Tories would have to maybe even ease off on their using taxpayer and donor money to fund their preferred lifestyles wouldn't they? Maybe even do the jobs they are paid for?  
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Incoming Call Records


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For the past couple of days I have been recieving withheld calls, all threatening. Since I work for T-Mobile I know the general rule is "sorry, we don't keep incoming call records". However, I know for legal reason they have to, don't they? Has anyone succeeded in getting a copy of their incoming call records from a mobile network?

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Each netrwork has its own department that has access to all the data downloaded from the switch, including the number (even if withheld) and the cell site the call was delivered to. This data is retained for 3 years but not the actual content of the call (audio).

 

As a subscriber, you will not be able to request this, however this data will be released on request to the police (who will also know who to contact). The information is only disclosed in this way to keep the requests manageable, and to cut down of any possible forms of vigilantism. As to why you would want to and a withheld number.... I send all mine to voicemail.

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I don't usually answer withheld calls, but I had about 9 of them and reckoned it was probably a company trying to sell me something, so I answered to tell them I'm registered with TPS but I just got a lot of abuse from someone.

 

Just as an extra point, I think it's actually someone I work with in the call centre... I'm gonna ask work if they can assist.

 

Thanks for the advice, that's what I reckoned tbh.

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Even for a police officer to request this, he/she can not go direct to the network, it has to be a request sumitted detailing the reasons it is needed, what would happen to an investigation if the information wasn't made availble, and then have it approved by a senior officer in the ..., then that has to be passed on to the SPOC for the network, and takes about 14 days to come back.

 

It's not as easy as you may think in accessing this information, only time it can be supplied without this method is via a 3x9 call, and the information is made available within minutes if not seconds.

Edited by Hobbie

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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How each force decide to process these requests is up to them, and if one force requires a 'senior officer' to request the data, that that is their procedure. However, no network will refuse supplying the information providing it comes from official channels - and a single request from a police office (suitably verified) is official enough. Of course, the information is not available instantly, and budget restraints mean the cost for each enquiry must be met. (You didn't think the information was provided free of charge?).

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I did actually manage to get a hold of the number that called me.... Let's just say, although the networks make out it's a very long complicated process and you should be eternally grateful if they take the time and effort to find out for you... I found out within 3 minutes at work....

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3 minutes?! that long? if we're going to start saying how easy it is, then i'll add my 2 cents

 

people calling me on my mobile i'll get the callers number, even if you dial 141 or block your CLI some other way, i'll still see your number. how do i do this? well thats for me to know and you to guess.

 

But we we're talking about the average person trying to obtain this information, not using contacts through employment or abuse of power to get this information.

 

For Joe Public, it is not straight forward, and generally not available for you to query, even if making a S.A.R - (Subject Access Request).

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Of course, I appreciate that. I was merely pointing out that networks lie to customers when telling them that they do not physically keep a record of incoming calls, as they do.

 

And I didn't use contacts through employment or an abuse of power.... I looked it up myself.

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  • 2 years later...

I need my incoming call records for a court case because they prove i was not speaking on my phone while driving. 3 uk say they don't keep then but i have been told they do but only give them to the police etc... for serious matters.

 

Does anyone know how I could get them?

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Unfortunately not. The burden of proof is on me. The police just have to say they saw my lips moving and a phone at my ear.

 

I am fortunate that they did not check my car for a phone or ask my phone number. However, none of that matters without the phone records relating to my phone account.

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It's their word against yours

 

If they could prove it but choose not to, maybe you could use that to your advantage (maybe they did check ....)

 

Sorry, maybe I'm tired out just a bit dim ;-)

 

could you translate that to 2 year old for me :-) or pm me if it's can't be said here clearly.

 

Thanks

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The police are prosecuting you for using your phone while driving.

 

The police could get your incoming phone records (as well as outgoing). They say that just seeing your lips move is sufficient.

At that point it is their word against yours.

 

They could totally prove it by producing your incoming/outgoing call records. They might possibly have already taken a look.

However they have decided for whatever reason not to do so.

 

The burden of proof is with the prosecution

 

You can ask why they haven't offered the evidence that would have proved their case when they could easily have obtained it and why they have left it to be their word against yours. Then suggest that they realise that you did not do it but didn't want to back down. (seen too many court dramas)

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N

The police are prosecuting you for using your phone while driving.

 

The police could get your incoming phone records (as well as outgoing). They say that just seeing your lips move is sufficient.

At that point it is their word against yours.

 

They could totally prove it by producing your incoming/outgoing call records. They might possibly have already taken a look.

However they have decided for whatever reason not to do so.

 

The burden of proof is with the prosecution

 

You can ask why they haven't offered the evidence that would have proved their case when they could easily have obtained it and why they have left it to be their word agains

t yours. Then suggest that they realise that you did not do it but didn't want to back down. (seen too many court dramas)

 

Generally most networks wont provide incoming call records to customers direct. They will however provide these to a lawyer if necessary for a court case although there is usually a fee.

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