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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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The company I work for has increased wages by a derisory amount - for the staff who have been there over 1 year. I, along with another colleague temped there through an agency and have done since last year - me starting in Septemer and my colleague several months before that. My colleague was taken on by the company in December last year. I was taken on at the beginning of May. Our contracts are that we are classed as "casual" staff but have the same rights etc., as the "fully permanent" staff.

 

Neither my colleague or myself have received this payrise. We do the same job as everyone else.

 

I'm sure the company is breaking the law on this. When I temped there through the agency I got paid the same hourly rate as everyone else (same goes for my colleague).

 

As I said, the pay increase is derisory - doesn't come to £3 a week but it is the principle of this.

 

Anyone know how we stand on this?

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you are classes as 'casual'

 

i do not know if you have rights to claim the extra £3 per week.

 

i understand what you mean in the principle of this. but your employer could easily class you as a troublemaker and just not bother employing you they do not show you any principles in employing you under a casual / zero hours no contract.

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you are classes as 'casual'

 

i do not know if you have rights to claim the extra £3 per week.

 

i understand what you mean in the principle of this. but your employer could easily class you as a troublemaker and just not bother employing you they do not show you any principles in employing you under a casual / zero hours no contract.

 

It's a bit tricky this one. Although they've called it a "casual contract", what they did was basically offload the high fees the agency were charging and bring the temp workers into the company. The differences are:

 

Permanent staff are paid monthly. We are paid weekly.

Permanent staff have to be given one month's notice (or if they are leaving, vice-versa). We are given 1 week's notice (or vice-versa).

 

We have the same holidays and sick leave entitlement as permanent staff and will be able to join the company pension scheme after 3 months.

 

Before I was taken on I said that I saw no advantage in leaving the agency. I was more or less told, stay with the agency and kiss your job goodbye. I know they offloaded a lot of agency staff recently and only kept their best/longest temp workers.

 

I am looking for another job as frankly I don't like the job anyway - like the people I work with but the job itself no, plus I have to travel a fair distance to get there and it's night shift. Unfortunately, I have to work as I'm a widow with a very sick son who can't work (kidney failure and he's on dialysis). I find the job is so mentally draining that it's not unusual for me to sleep for 16 hours solid at the weekends. I'm not far off 60 and what I could do easily 10-15 years ago isn't so easy now.

 

The way I understand it is if you are doing the same job as your permanent colleagues, any pay increase has to be across the board, not picked and choosed willy-nilly - why agency workers have to be paid the same rate as permanent workers for doing the same job.

 

There have been a few other "cost cutting" measures recently which makes me think that despite the constant reassurances that everyones' jobs are safe, the company is actually not doing very well.

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