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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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    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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How come there was never a date set to activate it, maybe they never will :)

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Boris Johnson is apparently looking to get shot of Cameron quickly and to trigger article 50 before Brexit is stopped. Apparently consent of Scottish Parliament is needed before UK can exit the EU. This is required under the Scotland Act.

 

http://www.smh.com.au/world/can-brexit-be-overturned-what-brits-are-asking-each-other-20160625-gprz3u.html

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Leading 'out' campaigner Boris Johnson says the margin by which the UK voted to leave the European Union was "not entirely overwhelming"

 

This was on Sky. Me thinks Boris is looking for a way out and a second referendum

 

Cameron and Boris have been partners from the start in my opinion

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Leading 'out' campaigner Boris Johnson says the margin by which the UK voted to leave the European Union was "not entirely overwhelming"

 

This was on Sky. Me thinks Boris is looking for a way out and a second referendum

 

Cameron and Boris have been partners from the start in my opinion

 

Boris sounds like a hypocrite now..

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Why do we need the permission of Scotland, we voted as the UK and to which Scotland is part of. The result of the referendum is to leave the EU and the will of the majority must be respected..

 

Because of fhe complicated legal relationship between four separate countries in a union. The UK is not really one country, but a union of countries. For example Scotland has a different legal system to England and Wales. Northern Ireland also has different ways of doing things.

 

Under the Scotland act, before the UK parliament could change such a fundamental thing as Scotlands membership of the EU, the consent of the Scottish parliament would be needed. It is whether the Scottish parliament are willing to frustrate the whole of the UK and cause a major constituitional crisis between countries. If i were the SNP, i would use this as a way to negotiate a better deal for Scotland.

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Article 50 explained

 

http://www.bbc.co.uk/newsbeat/article/36634702/article-50-the-simplest-explanation-youll-find

 

Experts say it will probably take the UK 10 years to leave the EU !

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just Bye Bye that is it, get on with life. all this pussy footing we must do this that & the other, and the big money job for the Boys taking over to attend a stupid meeting which produces the same end product without a meeting which cost 100,000s or more! ahhhhhhh

:mad2::-x:jaw::sad:
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I doubt will ever will now, as pointed out Cameron has handed the poison chalice of pushing the nuclear button of applying for section 50 to the next leader, Boris clearly had doubts about it and there are serious legal issues such as parliament has to agree to leave and as Heseltine pointed out, the majority do not want to, mp Lam has expressed concerns, Boris and gove have suggested "discussions", leaving also adds Scottish and Irish complications.

 

Even many leavers now agree that the while thing is an absolute mess, it is also beginning to tear apart both the Tory and labour parties.

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just Bye Bye that is it, get on with life. all this pussy footing we must do this that & the other, and the big money job for the Boys taking over to attend a stupid meeting which produces the same end product without a meeting which cost 100,000s or more! ahhhhhhh

 

Divorce is never easy and Brexit will be a complete nightmare costing a fortune. The cost to the UK will be tens of billions.

 

As long as people don't mind seeing a cut in pensions and withdrawal of others benefits they receive. That could well happen, if the economy does go into recession as predicted. The other silly thing is that more people from the EU will come to the UK before any exit date and that will mean more pressure on public services. 17 million people voted to be in a worse position, but if sovereignty is important to them, then they may see it as a price worth paying.

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Anyone got any views on this article.

As the dust settles on the EU referendum battleground, some 33 million voters await with bated breath to see what the victors will do now that the nation has spoken to leave.

 

Political commentators forecast a dark future for the UK: Jeremy Corbyn has just sacked Hilary Benn to head off a coup, and Boris Johnson could be prime minister come November.

 

David Cameron’s decision to resign before enacting Article 50 of the Lisbon Treaty, which sets out how a country could leave the EU, may have much bigger implications for Conservative hopefuls eyeing up the Prime Minister's seat than they bargained for.

 

While panic ensues, one person’s musings in the comments section of the Guardian has an interesting hypothesis on these complications:

 

The comment, which was picked up on Twitter, has been shared thousands of times.

 

If true, that is some parting gift.

 

http://indy100.independent.co.uk/article/people-are-really-really-hoping-this-theory-about-david-cameron-and-brexit-is-true--bJhqBql0VZ

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Because of fhe complicated legal relationship between four separate countries in a union. The UK is not really one country, but a union of countries. For example Scotland has a different legal system to England and Wales. Northern Ireland also has different ways of doing things.

 

Under the Scotland act, before the UK parliament could change such a fundamental thing as Scotlands membership of the EU, the consent of the Scottish parliament would be needed. It is whether the Scottish parliament are willing to frustrate the whole of the UK and cause a major constituitional crisis between countries. If i were the SNP, i would use this as a way to negotiate a better deal for Scotland.

 

its called , i want more power and unless you give it too me we wont help you , personally all the scots ive spoken to cant stand her

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its called , i want more power and unless you give it too me we wont help you , personally all the scots ive spoken to cant stand her

 

SNP hold a very powerful position in Scotland and will use any legal position to benefit the Scottish people. Given that the pound is heading for parity with the Euro, changing to Euro after independence might not be as unattractive. I don't think a new Tory MP would stop a new indy ref.

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SNP hold a very powerful position in Scotland and will use any legal position to benefit the Scottish people. Given that the pound is heading for parity with the Euro, changing to Euro after independence might not be as unattractive. I don't think a new Tory MP would stop a new indy ref.

 

 

how ever the eu has already said scotland would be at the back of the que , also how are you going to survive without the blank check from the rest of the uk

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how ever the eu has already said scotland would be at the back of the que , also how are you going to survive without the blank check from the rest of the uk

 

I am not Scottish (or a Scottish resident) and don't think independence would be a good idea, unless they came up with an economic proposition that made sense.

 

However, Scotland is a net contributor to UK Treasury and even without oil/gas revenues could do well with the right economic plan as an independent country. Scotland is important to the UK strategically, paricularly Faslane nuclear submarine base. The only possible alternative other UK base is Portsmouth or Falmouth, both of which have issues which would be difficult to overcome. If you search online there are articles on this by experts and they make it sound like UK would not have a nuclear submarine base if Scotland became independent.

 

If Scotland has a legal right to stop Brexit, so they protect their interest, that is their entitlement. Some think that article 50 being started by a new PM, would stop Scotland preventing Brexit, but there are legal questions about this.

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Article 50 explained

 

http://www.bbc.co.uk/newsbeat/article/36634702/article-50-the-simplest-explanation-youll-find

 

Experts say it will probably take the UK 10 years to leave the EU !

 

And judging by this excellent article, there is no need to invoke Article 50. Very interesting indeed.

 

https://www.theguardian.com/commentisfree/2016/jun/27/stop-brexit-mp-vote-referendum-members-parliament-act-europe

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And judging by this excellent article, there is no need to invoke Article 50. Very interesting indeed.

 

https://www.theguardian.com/commentisfree/2016/jun/27/stop-brexit-mp-vote-referendum-members-parliament-act-europe

 

That is a good article.

 

I hope MP's block Brexit, but most MP's are saying that they are democrats so must accept how the UK has voted. Whether this is because of the current sensitive situation and they change their position later remains to be seen.

 

I am listening to a very good Australian talk radio show on ABC at the moment to gain an outside view. Very interesting and is covering things not being talked of here. For example, Ireland post Brexit will not be able to agree a direct trade deal with the UK, but would have to go through the EU. This means that if the trade deal is bad for Ireland, it could massively affect the Irish economy and there will be problems with the border with N.Ireland. For example, Irish Beef might be subject to tariffs on export to the UK, so it gets trucked up to N.Ireland to avoid the tariff.

 

When i look around i see a lot of French, Italian, German, Spannish owned companies based in the UK who will now be considering whether they will continue in the UK as they are at the moment. The same will be the case with Ford, Nissan, Toyota etc and as soon as people see the consequences of Brexit, they will get onto their MP's and there will be a change in mood.

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The idea that MPs might block brexix does not sit right with me and it shouldn't sit right with anyone. Any government that ignores the will of the people is seriously asking for trouble..

 

You have obviously not read and understood the Guardian article linked to. It explains that this referendum is not binding in any way. If government wanted it to be binding, they could have put wording in the bill passed to say it would be implemented by government. But of course they can't do that because the UK does not have a written constituition. We elect 650 MP's to consider and vote on what the government put Forward.

 

Do you really expect government to proceed with Brexit even if the consequences are proving to be very bad for the economy and people ? For example if the currency falls to a very low level, Banks start getting into trouble, companies start cutting jobs etc.

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I am fully aware that it is not legally binding but it is morally and the government still uses the peoples money to do what they want. If the government wants to do its own thing and not act for the people by the people then I would urge the people to start withholding there taxes until such a time the government acts on the will of the people. Its either democracy or it is not. It can't be had both ways..

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Former Sun editor Kelvin MacKenzie now wishes he voted remain.

 

http://www.bbc.co.uk/programmes/p03zqwlc#play

 

A lot of people have changed their minds and it will be interesting what happens.

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