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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?   On this point - 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 that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a 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 application 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.

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      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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How Can You Be Sued For A Service In Advance???


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I missed the first payment on my council tax last year and was taken to court by the local authority but I was sued for the full years bill!? Bailiffs were then instructed.I accept the payment I missed, but my point here is;

1; How can I be sued for a service I have not yet received?

(As it happened I moved out of the property before end of financial year, and therefore did not owe a full year but the liability order stood.Now recieved bailiffs letter pay up or else).

My concerns have stemed from this. At the start of the financial year we are sent a full years bill for a service in advance. If we were to miss payment, we then have to pay the whole amount or end up with bailiffs!!!??:mad:

What if senario 1; If bailiff had called prior to this I would have had to pay it all? How is this fair?:confused:

What if Senario 2; Bailffs comes to take my stuff and week later I lose my job? I am then entitled to full council tax benefit and therefore would be owed money. BUT, the rebate I would receive from the council would no way cover the re-purchase of my goods taken??? How is this fair?:confused:

 

Why are we paying in advance? If I was on benefit, it would be paid in arrears? :eek:

 

Why should I have not been sued for the month I missed???

What can I do now to stop bailiffs? I've rung council and they have reduced the amount by the months I did not live there. Ok fine. But they will not stop bailiffs. Bailiff won't talk to me on phone, they want to come to the house.? HELP???

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Council tax, under the regulations, is payable in advance. There is a a concession that allows you to pay it over 10 months, again in advance, but councils have the discreation to allow payments over 12 months, but again it must be in advance.

 

If you miss a payment, then you should have been sent a reminder and then a warning that they were going to apply for a liability order from the courts which gives them certain powers to enforce collection, bailiffs being one of them.

 

So how much have you paid to date and how much do you owe, not including the bailiffs fee?

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Exactly what I am wondering....I'm still left owing some from last year as it all got mixed up as I was made redundant last July and out of a job till January. While struggling to clear the remainder of that of course this year's bill arrives.

I have just been paying £20 here, £40 there but something every month since starting work.

Then last week the letter arrives saying I'm summoned for this year's bill !! I've written to tell them I'm basically doing my best and they can see I've paid something every month and to add court charges on top really fails to help the situation. I told them to go ahead and send bailiffs as them threatening them doesn't make me suddenly able to find the outstanding amount......which I make is only around £150 at time of writing.

Like you I'm left wondering how they can do this for a bill that's for services in advance ! Who knows ? I could drop dead tomorrow.....

 

Cheers,

Lynda~

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Bailiffs are only part of the collection methods they have available to them. They also have 'attachement of earnings' where they can take money directly from you wages. If you are asked for your employment details, then you have to give them and your employer must make the deduction from you wages, he has no choice.

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