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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.  (Although 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 it, but legal advice was something to do with the role the receiver has acting as an agent for the borrower which makes it hard for a borrower to make a claim against the 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 app 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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      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Taking Council to Court


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Ok here goes. I live rural and for some 15 years our Council services have slid into decline. Amongst these lost services are the Drain men, who used to clean out our gullies and culverts. Since we live at the bottom of a hill, we are dependant on the 5 drains above us on the hill, removing rain water, particularly during storms, or else we get flooded. I myself have, since the disappearance of the Council (or rather WS Atkins via council) blokes, cleaned out blocked drains for nigh on 15 years.

Following our house being flooded,and subsequent inability to get insurance, I contacted the Council to appraise them of the neccesity to do the work, and have a log of the number of calls I made over the years.

Pi***d off last year I sent them a bill for my labour £1200 for 14 years,then following repeat demands to them to pay me, and them treating it as a joke, I withheld Council tax and was taken to court.

Despite publicity, and support from the magistrates, I was fined and forced to pay.

I am now therefore going to issue a claim against them in Small Claims, for the amount outstanding, and their failure to do work which is their responsibility, and therefore putting the security of my home and posessions at risk.

I have an idea of the correct tack, but if any one has any ideas as to best route I'd love to hear them.

My hope is they will be as cavalier as before and fail to respond or defend, and this then becomes proved by default, as with well publicised actions against banks.

Oh I just sent my letter to HSBC for my charges. War on 2 fronts - bring it on.

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If this service is still deemed to be the responsibility of the council then the claim should be fairly straightforward, although the courts may have like it better if you had gotten three quotes for the work and taken the best one. Unless you're charging less than this would have been for your work in which case no worries there.

 

Refusing to pay council won't get you anywhere except a bit of publicity maybe. It's like not paying bank charges before you start your claim - you still have to pay until you've proved you don't have to.

 

I'm not sure which law(s) would cover this but I do know local authorities legally have to perform any duties that are deemed their responsibility and can be taken to court in the same way businesses and individuals can.

 

Good luck and keep us posted.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 10 months later...

Good luck! Any news?

Edited by legalpickle
old post no longer relevant

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

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Ok here goes. I live rural and for some 15 years our Council services have slid into decline. Amongst these lost services are the Drain men, who used to clean out our gullies and culverts. Since we live at the bottom of a hill, we are dependant on the 5 drains above us on the hill, removing rain water, particularly during storms, or else we get flooded. I myself have, since the disappearance of the Council (or rather WS Atkins via council) blokes, cleaned out blocked drains for nigh on 15 years.

Following our house being flooded,and subsequent inability to get insurance, I contacted the Council to appraise them of the neccesity to do the work, and have a log of the number of calls I made over the years.

Pi***d off last year I sent them a bill for my labour £1200 for 14 years,then following repeat demands to them to pay me, and them treating it as a joke, I withheld Council tax and was taken to court.

Despite publicity, and support from the magistrates, I was fined and forced to pay.

I am now therefore going to issue a claim against them in Small Claims, for the amount outstanding, and their failure to do work which is their responsibility, and therefore putting the security of my home and posessions at risk.

I have an idea of the correct tack, but if any one has any ideas as to best route I'd love to hear them.

My hope is they will be as cavalier as before and fail to respond or defend, and this then becomes proved by default, as with well publicised actions against banks.

Oh I just sent my letter to HSBC for my charges. War on 2 fronts - bring it on.

 

have you issued the claim yet? v interesting thread

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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