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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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My local council have been chasing me for a debt of £119.15 and £200.00 which i have proof i dont owe (letters from head of finacial deparment) but housing officer is still sending letters demanding the payments or he is taking court action against me. Also today i recived another letter from another housing officer demanding money for a tenancy i never had with the council. The first demand has been ongoing now for 2 1/2 years and the same officer has had copies of the letter to say i dont owe the money so why i am i been hounded.

Do i have a case to take council to court for demanding money with mennaces and stress ETC ???

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Guest Old_andrew2018

Hi welcome to CAG

 

IMHO you need to to supply a little more detail in order that one of the contributers with expertise can advise.

You could also visit your local councillor at their surgery, asking them to take up your case.

In addition you might have a case to take to the Local Government Ombudsman.

 

Andy

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Hi,

I don't think court action is the way to go.

If the council think they have a legitimate claim, they go all out.

 

If you haven't done so, start a formal complaint to the department that is hounding you. Before you can go to the Ombudsman, you need to have exhausted the councils complaints procedure. If you go to the Ombudsman now, they will just refer you back to the council.

 

Most council complaints procedures have a two stage complaints system. Yours will be stage one but if this gets rejected you can go to stage two. If after that they still knock you back, you can then go to the Ombudsman.

 

While any complaint is being investigated, any collection activity should be put on hold.

 

As this has been going on so long, get your MP involved as well as your local councillor.

 

If any debt owed to the council is due to official error, you should not be penalised for that error.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks for the reply.

My MP has been on to the council and has seen the proof that i dont owe the money from the head of finacial department but hes had the same reply from housing officer saying i owe the money.

i have made an official complaint am waiting for the outcome.

Its just this is now causing so much strss to me and my partner (who is expecting a baby in few weeks)

She cant sleep with worry and has got high blood presure ETC that they might have to take her into hospital and do a cesarean.

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As galling as it is, us mortals have to follow procedure whereas a council sometimes "ignore" certain rules.

 

If (as is likely) they knock you back at the first attempt, don't bother with the second stage complaint, just find out who the chief exec of the council is and write to him/her.

 

Any letters you post, send by recorded delivery and any you hand deliver, get a receipt. You would be surprised how many "important" letters go missing.

 

RIDER: I am only talking of personal experience and your council may be better than mine

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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It may be worth sending the council a SAR.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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