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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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i have had a couple of old PDL's and these have just resurfaced texts/emails.

 

History is..

 

Last payment 20th December 2012.

 

17/12/12 - i asked about rolling over (ignored and went into default)

24/1/13 - called and emailed and asked to come to a repayment plan

25/1/13 - email received offering me 'resolve' with more money - never took but emailed and asked to come to arrangement - but again ignored.

28/1/13 - another 'resolve' email and i replied asking not to do this but come to arrangements - ignored again.

 

all quiet..

 

11/7/13 - offered resolve again. I emailed asking why no one would come to arrangement and i was keep being offered resolve.

 

15/7/13 - received a response saying they could come to a payment plan - i emailed and asked for details on how much i owed etc and what resolve was - this was ignored.

 

24/2/14 - received another email offering 'resolve' but no answers to my questions.

 

15/3/14 - received yet another 'resolve' offer and click 'here' email

 

19/3/14 - i emailed back and said they were out of order pursing the debt whilst not giving me any information etc and i would report them if i didn't receive the information back.

 

11th may 2016 - received a email saying 'redress' and i now owe them less money due to a review on my account..

 

August 2016 -

 

Email received saying they are going to default me if i don't pay the sum due in 14 days (now had the default email).

 

Texts also started and calls...

 

I don't want a fresh default (3 year and 9 months after last payment) - and they had total ignored my previous requests and tried to trap me in previously with 'resolve'..

 

To date not on my credit files.

 

 

Reading through here it seems they are sending defaults out on mass now - which can't be right.

 

I owe around £600 - but these people are very aggressive to deal with when you do speak too (not that i will now)..

 

Ironically, i would have paid if they had helped me at the beginning but its getting silly now.

 

How do i sort this out once and for all?

Edited by peter78
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we haven't had any reports that they actually have placed a default on the credit file

and as they were not? the original creditor ?? they cant do that anyway

the ICO/FCA will eat them for breakfast.

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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CFO are the original creditor - as they are the PDL i used.

 

Any recommendations how to play this - do i write to them with copies of all the emails i sent / received offering Resolve and make a complaint / report them to FCA for dragging on and then 'defaulting' the account 3 + years later? What next a CCJ claim from them - bring it on - i will fight them.

 

Looks as though now CFO are out of business, but trying to collect from old customers - very shoddy outfit of a company.

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  • 3 weeks later...

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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Any text messages they send you simply forward them to 7726, (SPAM) on your phones keypad.

 

Any calls they make, ignore, or laugh and hang up.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 month later...

Well still getting emails from these guys and texts offering a settlement.

 

Interesting thing is whilst they said they were going to default me in September.....I have just had a look at my Experian report (free trial) and they had actually placed a default in 2013.This is not showing on Noodle.. They had defaulted the account at the same time as offering me 'resolve'.

 

So slightly confused by the threat of a default when they had actually already defaulted.

 

I wonder if the next step is court action..

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Mark their silly emails as junk.

 

The Text messages forward them to the number advised above.

 

All they are simply doing is trying to intimidate you and exploit your lack of knowledge, so you contact them, oldest trick in the book.

 

If they were that interested then they would have taken action a lot sooner.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Just a thought - looking at getting the default off my credit file;

 

* original default placed 4/2013

* CFO threaten to actually default account 9/2016 - even though they already had placed?

 

Could I not argue the above? Along with the correspondence I had at the time?

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Sound to me as if the default is in order although on the fringes of legality, the only difference being that they are now reporting these to a CRA

 

They know that they can not place a default so late so they adjust the time to say 90 days after the missed payment and report it.

 

I do think the sis wrong and they are using the threat of a default as a debt collecting tactic

Any opinion I give is from personal experience .

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The two things are different . A default notice served under s87(1) is needed before a claim is made while a notice to register a default is just that. I suspect they know full well they can not register a new default so are just I find Remington you they are reporting it.

 

Someone did it with me a while ago so I told them it was far to late to register a new default to which they said it would be dated 6months after my missed payment. I have not seen a sign of it.

Any opinion I give is from personal experience .

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