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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • 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.  (thus I don't know if the buyer would have ever proceeded). 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 (inc via new agent requested by lender). 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?
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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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British Gas Warrant Charge!!!!


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Hi all,i posted a few months about about a pre-payment meter i had fitted last august by british gas to pay an outstanding bill of £678,a warrant was sent out last july to gain entry,and a representitive called round twice at the time,left a card etc etc,eventually i spoke to him at the door and i told him my situation and he said i cold have a meter fitted to pay the bill off,i questioned him about the £285 charge and he told me,or assured me that it was more of a scare tactic and i wouldn't be charged so we arranged a day to have it done,had it fitted,the charge was set on meter and that was that....i regularly check the meter debt and last week it was at £400 odd left to pay off...then this morning i receive a letter to say at the time i had the meter fitted they made a mistake and didn't transfer all or some of my debt to the meter and obviously because i still owe this amount i still to pay it and they would adjust my meter in the next few weeks,so i had a look at ,y outstanding debt on the thing and was shocked to see the debt is now £1083!!!!!!! thats £600 more!!!! so i rang them up immediately and according to them,the £285 they state on the letter is the warrant charge they didn't add on to my outstanding debt back in august (aug 5th 2009 to be exact) even though i was told by the door rep i wouldn't pay it,i empkained this to them on the phone just and they aren't having it,they said they checked their files anf what the rep has put and they won't wavier the charge,so bascally i've got to pay it,is there anyway i can get this knocked off because 1)They've lied to me (as i would have borrowed money to pay the debt off in full rather than pay nearly £300 for a meter) and 2)It's 7 months ago and now they've decided to add it on which now takes my bill to the original of not abit more than it started at in first place,so i feel i've paid nothing off :(

 

Help please anyone....

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I would send them this request letter and also a SAR and ask for absolutely everything what they have about you and your account, the request letter is for charges back what they have been charging for standing meter charges as they have done the exact same to me today and I can not get any joy out of them when I phoned up as they could not tell me if it was for charges they had put on or if it was for Gas used before pre pay got put in? I put my request in at beginning of this month and will now be sending a SAR for everything they have on me, as I believe they add charges on just for sake of it, will keep you posted when I do some more digging from Ofgem.:???:

Request letter.doc

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Thanks for that,will certainly try it.

 

My bill was originally about £500 something,but because they charge £14 a letter (reminders) and then they charge £50 a letter which states because a rep has had to hand deliver even though it was posted...how the hell can they justify these so called charges for an A4 piece of paper??!!! is beyond me

 

I've sent an email off which am awaiting for a reply about this so called warrant charge of £285 which they say should have been added on in August,as they've admitted this,but i don't see why i should pay as they didn't have to gain entry,i agreed to have a meter which the rep said would cost me nothing to have fitted,because i asked him this beforehand to be sure...so he lied to my face....arghhhh British Gas are the bain of my life

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Well I charged my card up with 20.00GBP this morning and it took 11.00GBP charge off and instead of the 64.00GBP debt going on. I ended up with 110.00GBP added on, how can they do this when i had a letter stating only 64.00GBP, they think they can do what they want?

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RESULT!!!!!! Phoned BG up yesterday about the extra money they put on my pre pay meter and went through all bills from when i joined BG and all readings on meter. Found out they had already added it in August 2009 and they tried sticking it on again. They wiped it off yesterday so back down to original amount, so i would ask them to go through your account and ask them for full statements, i think you might be suprised, they also did it with my electric meter a couple of months ago, i had 24.00GBP debt left owing and i topped the key up checked my debt to see if it had took any off and to my suprise they stook another 240.00GBP on so had to ring them up again and it was their fault so they removed it.HOW MANY OTHER PEOPLE DO THEY DO IT TO WITHOUT THEM KNOWING, I AM GOING TO START A NEW THREAD JUST WARNING PEOPLE OF THIS ROBBERY.:D

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Unfortunately when you have a prepayment meter, you are totally in the hands of your suppliers as to what is set on the meter.

BGas may say they will wipe the extra charges but until they have adjusted the meter accordingly, it is empty talk. And you have to pay the charges back, otherwise you are without power. Grrr, I hate prepayment meters!

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