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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Re: Council Tax and Jacobs

 

Hello,

 

We already asked the council to take back the debt, but they refused.

 

Jacobs asked for a monthly expenditure list so we could come to an agreed payment plan. We sent it recorded delivery and offered them £50 per month, as thats all we can afford, and even thats pushing it.

 

Despite seeing that we can't afford more than £50 pm, Jacobs have replied saying they want a minimum of £100 per month, and this amount is non-negotiable.

 

Are there any options left open to us, as we cannot afford £100 pm. Should I write back to Jacobs restating our £50 pm offer is the maximum and if they refuse to accept that offer we will have no option but to wait until the debt is recalled by the council, and make repayments to the council instead? I'm not bothered about visits and letters because I know the drill - don't let 'em in etc.

 

Thanks to anyone who can offer advice.

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.......I'm not bothered about visits and letters because I know the drill - don't let 'em in etc....

 

That's the funniest and most satisfying statement I've read in a while.

 

This is an indication that the word is getting around as to the effectiveness of these council appointed bailiffs.

 

You said the council refused to take the debt back, this is meaningless as far as I can see. All you need to do is pay them regardless. Use internet banking, pay online, any method that pays directly into their account.

 

The most important thing to watch out for – besides letting them in as you already know – is to keep them from levying on items outside your property, vehicle etc. They will most probably levy on a vehicle that doesn't belong to you, (and without your knowledge) but this is of no consequence to you as any charges can be ignored/disputed now you're aware of it.

 

Others will advise further.

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There's a few things I forgot to ask. Can they take a car that has finance still owing on it? Can they take a car that is registered to another person but parked at the debtors house? And finally, even though the council fobbed us off saying the debt is with Jacobs now, is there a way to just start making payments direct to the council online and bypass the bailff altogether? And if so how?

 

Again thanks for any help offered :)

 

 

EDIT: Thanks outlawla, I must have been writing my follow up as you replied as you covered some of the questions I asked :)

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no.

no.

use the details on the reverse of the correct ctax bill

 

tell us a bit more about this.

 

i bet you've been had for unlawful fees

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx100uk. Thats what I suspected re: cars and finance. I will have to dig out the original c/t bill to set up online payments, but in the meantime (and if online payment isn't an option) should we re-submit an offer in writing to Jacobs for £50 pm and state thats non-negotiable to them! Its just that they want a first payment of £100 by Monday (we can't afford that much), so that only leaves us tomorrow to get another recorded delivery letter sent off in time. As for their fees, I think they've only added on one fee for their first visit.

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There's a few things I forgot to ask. Can they take a car that has finance still owing on it? Depends what type of finance it is Can they take a car that is registered to another person but parked at the debtors house? As long as this is a separate 3rd party - No - although it will not stop them as they are allowed to assume it may be yours, but face that if & when it happens. And finally, even though the council fobbed us off saying the debt is with Jacobs now, is there a way to just start making payments direct to the council online and bypass the bailff altogether? And if so how? You may pay the Council direct via internet banking, the Council website, the Council automated phone line & you can even take it in cash to the Council office where refgardless they are obliged to accept it - if not you take the name of the person and report them for refusing to take payment. You may have to allow for some Bailiff fees if you do any of this - max fee payable £42-50 providing he does not make a levy of any description.

 

Again thanks for any help offered :)

 

 

EDIT: Thanks outlawla, I must have been writing my follow up as you replied as you covered some of the questions I asked :)

 

Do you have Jacobs refusal in writing? If so contact your local Councillor(s) and explain to them, any refusal or reluctance you go over their head to the Leader of the Council and his opposite number.

 

PT

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Yes, we just received the letter today stating their refusal to accept our offer. They said its non-negotiable and we have until monday to make the first payment.

 

 

That may well come in handy when you send a Formal Complaint to the council CEO, and leader, as they are supposed to take account of what a debtor can reasonably afford, as per an IOS

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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That may well come in handy when you send a Formal Complaint to the council CEO, and leader, as they are supposed to take account of what a debtor can reasonably afford, as per an IOS

 

Sorry for my ignorance, but what is IOS?

 

I will write a letter of complaint to the council CEO tomorrow and attach a copy of the bailiffs refusal letter. Should I ask the council to either recall the debt so I can pay them direct, or ask the council to instruct Jacobs to accept our offer?

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Sorry for my ignorance, but what is IOS?

 

I will write a letter of complaint to the council CEO tomorrow and attach a copy of the bailiffs refusal letter. Should I ask the council to either recall the debt so I can pay them direct, or ask the council to instruct Jacobs to accept our offer?

 

Sorry, I should have put Income and Expenditure Sheet, a list of your ougoings and income, ang the amount left after priorities are paid they are supposed to take it into account, but in their greed they will ignore it and ramp up the pressure sending many people into the arms of loan sharks to get money to pay the bailiffs outrageous demands.

 

As you know the pack drill so the bailiff will be out of luck with you.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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