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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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      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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Conservatives want to scrap the Human Rights Act


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Dominic Grieve does not agree with the change that Cameron and some Tories want to see. Grieve was seen as a very good attorney general who was respected as being very knowledgeable about human rights law.

 

Even if the Tories were elected with a majority they would not be able to make the change, as quite a lot of Tory backbenchers won't support it and opposition parties will vote against.

 

It is purely a party political device to pander to the right wing media who keep going on about it.

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didnt the cons say that they were going to repeal/amend the HRA last time, and the time before? didnt happen. cause it cant be done without something else in its place that satisfies the hr requirement for eu membership (unless leave the EU :)). maybe the proposed bill will satisfy. the ECHR has been part of our law for ages prior to the HRA anyway. the HRA just 'codified' it as per eu membership requirements.

one poss option, is for the EctHR to increase its so called margin of appreciation. more of a political matter though.

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They are talking about it being replaced by a UK Bill of Rights. They are using some high profile cases to promote their cause. It sounds like they want to transfer more powers to the UK Supreme Court .

 

didnt the cons say that they were going to repeal/amend the HRA last time, and the time before? didnt happen. cause it cant be done without something else in its place that satisfies the requirement for eu membership (unless leave the EU :)). maybe the proposed bill will satisfy. the ECHR has been part of our law for ages prior to the HRA anyway. the HRA just 'codified' it as per eu membership requirements.

one poss option, is for the EctHR to increase its so called margin of appreciation. more of a political matter though.

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They are talking about it being replaced by a UK Bill of Rights. They are using some high profile cases to promote their cause. It sounds like they want to transfer more powers to the UK Supreme Court .

 

i know. as i posted 'maybe the proposed bill will satisfy' eu requirements.

there are also lots of cases (partic criminal eg re fair trial) where the EctHR has not interfered due to its margin of a.

if we are to remain in the eu, then we would still need to satisfy the clear statement of human rights requirement of such membership (currently the HRA). prior to the hra the echr was already 'incorporated', but such incorporation was not seen as clear enough (was mostly contained in case law).

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They are talking about it being replaced by a UK Bill of Rights. They are using some high profile cases to promote their cause. It sounds like they want to transfer more powers to the UK Supreme Court .

 

Yes they want to transfer it to the court where the judges are basically "appointed" by the government and a court which together with its government spout on about how democtratic the UK is, but in reality do not respect human rights and bang on how the normal public must respect the rule of law and decisions of the courts and judiciary, but then they blatantly ignore rulings and judgements when they don't like them. Maybe we should all start doing the same when we don't like any eu laws such as emissions, noise, etc. sorry but think Cameron and his home office ministers deserve places in history with Marx, Mugabe, polpott, putin, Hussein, etc. at least we have a mutated form of free speech, you can say or type what you want as long as it doesn't go against many laws against discrimination, electronic communication, Anything the uk or usa governments don't like, etc but even then this post will most probably get gchq on my posterior.

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where the judges are basically "appointed" by the government

No they are not and if you look back you will see that the government have lost a lot of cases in the supreme court.

 

 

 

 

This means we have unelected judges running this country and not the government.

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No they are not and if you look back you will see that the government have lost a lot of cases in the supreme court.

 

 

 

 

This means we have unelected judges running this country and not the government.

 

 

I think you may be looking back at before the supreme court. The supreme court justices are appointed by the queen on the recommendation of the prime minister after recommendations by a committee, all the governments cronies in other words, so please don't tell me they are independent.

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even before. eg re appointment of QC's, ie potential recorders/judges. things are better, but still depends on the selection panel.

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