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    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • 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      
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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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Hi

 

Not sure if this is the right place to post this.

 

I recently applied for Life Insurance cover, but then decided I dont want/need it so I cancelled it. However, I received this email from them today.....

 

I have recently received correspondence regarding the cancellation of your Life Insurance plans

 

When you took out the Life Insurance you signed an agreement to stay with ourselves for a period of 24 months.

As you have now cancelled your direct debit you are now in breach of contract.

 

You are now liable for the full repayment of £192.00

If you would like to discuss payment options including wavering the full £192.00 for a monthly repayment option

please contact the office today before 8pm.

 

Failure to respond will result in Court Proceedings and Doorstep Collection commencing Thursday 5th December.

Agents will have all call recordings & your signed agreement.

 

I would like to bring your attention to your signed agreement.

 

The signed agreement was electronically signed by yourself on the 26th October 2013 from e mail address

 

The agreement clearly states that you agree to stay with ourselves for the agreement period of 24 months.

 

Any cancellations within that period of time will result in you becoming liable for the full 24 months premium @ £8.00

 

Electronic signatures do not need to mimic your actual signature.

It is an accepted legally binding way to confirm agreements online,

without the need of a wet signature.

 

I look forward to speaking with you soon

 

Thanks

 

Jenna McCabe

 

I am just wondering where I stand here.

 

Thanks in advance.

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Hmmm a hard one... Youve gone past the call off period for the insurance...

I would request the full T&Cs and see what you have signed up to/.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi

 

I cancelled it after about a week or so, and they have only emailed me about it today.

 

Can I tell them that if anyone does call at my house then it will be treated as harassment and the police will be called?

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doorsteppers my foot!

they've no legal powers

 

I would suspect you are well within your rights to cancel within 14days regardless

of any stupid clauses on their T&C's

 

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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have you quoted exactly above? "24 months premiums @ £8". If that's what it says then that's £8, not £8 per month!!

 

I havent quoted it to them, is that a typo from them or can I use it against them?

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I replied to the email as follows.

 

Hi

 

 

I am currently taking Legal advice regarding this matter and I am stating now that if anyone from your company attends my Property then the Police WILL be called and harassment charges will be pressed, which could result in your Employee having a criminal record.

 

 

Take notice of the following.

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by email and this has been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Regards

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well yea a typo but not really of much important

 

look at their online T&C's I bet like any typical contract you have 14 days to cancel

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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