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    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • 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'.  He'd simultaneously 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. In later months 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.
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Digi-bill, RHF Productions, Wescot


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Hi, I've just had a "Final notice" letter from wescot about a debt from digi-bill, it started in February when I had a letter from digi-bill saying " when you registered with us you indicated that you would make payment by credit card. Unfortunately this transaction was unsuccessful and the latest reason given was DECLINED".

It then went on to ask how I was going to pay, the letter looked poor giving no indication to what I had bought, a date or invoice number, one address in Jersey and another po box in scotland, also it gave no amount.

I decided to ignore it, then in March I had another exactly the same letter, except for the heading was from RHF productions.

I have now had 4 letters from them, and 2 from wescot, wescot put the outstanding balance as £35.94.

So after googling I found it's likely to be for adult films from sky, there are 2 sky boxes in the house but I don't watch them, I've asked my family and no one admits to it.

The thing is the letters look poor, if I hadn't looked on the internet I would still have no idea what it was for, why did they give whatever it was if the credit card was declined.

Am I responsible for it because sky is in my name? None of the letters mention sky.

I know it's not a large amount but I don't want to pay for something I've not had.

I've came to this site via google, and found this thread:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/129233-debt-demand-wescot.html

Should I send the letter that N.P posted?

I could just leave it and see if they send me to court, I've never been to court and it'll be interesting, though I'll have difficulty getting there.

Gees this is a long post, hope someone reads it and can advise me.

 

Thanks

riget.

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Surely if the payment did not go through, then the film would not have been shown? If that is the case why are they chasing you?

 

I don't know, and I don't see why I should pay for a phone call to find out.

I don't know if I should carry on ignoring it, or send a letter.

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You could try this letter

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

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Thanks for that, still not sure if I should send a letter or not, seems a lot of effort, time, and postage for a £35 bill.

I can see a lot of people just paying to end it.

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  • 2 weeks later...

I never sent a letter, and have now had another letter from wescot, this is for another amount £17.97, the digibill ref no is the same but with -A after it, the wescot debt no is different.

I've not had a letter from digibill or RHF for this amount.

The letter says:

If you ignore the instructions and fail to take action by 20/06/2008

This may result in one of the following:

1. Legal proceedings being automatically issued against you in the county court/sheriff's court-which could result in:

A county court judgment or decree against you

Your possessions being seized

Your debt increasing because of court costs

2. A debt collector being instructed to visit your home and collect the debt personally.

 

Do I keep ignoring these or should I now do something?

 

Thanks.

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On balance you are probably better to send the letter that Saintly posted for you.

First it is a lot cheaper than paying them £35 or whatever.

Second if you keep ignoring them they will continue to write and hassle. On top of that once you have put them in the picture and they continue there is a chance you can offload them on to Trading Standards etc to get rid of them.

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  • 5 weeks later...

Ok just got this letter from Wescot:

 

We can confirm that as a consequence of the query you raised, the above account has been returned to our client.

No further action will be taken by wescot to recover the above account.

 

Looks like the letter worked, Thanks for the help.

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