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    • Tangliss, if you can't upload the letter, could you tell us what the heading is please? My understanding is it should say 'Letter before claim' or similar. HB
    • 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 ?
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building min contractor has locked us out of our home, and refuses to carry out the job


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It seems that a large number of my messages have vanished from this thread. Also no private messaging is possible.......

 

THANK YOU??!! BYEEEEEEEE

she!

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Moderation would mean site team suppressing the posts before the email notifications of a new post got sent to subscribers, so there would have to be a "suppressor" lurking full time.

 

Together with (the somewhat 'passive/aggressive', and overly 'Capitalized')

 

 

THANK YOU??!! BYEEEEEEEE

 

It fits better that this is just a case of the 'drama llama' not getting the attention they desire.

https://www.thinglink.com/scene/534291055521038338

 

I'm just surprised it wasn't "GoodBye, cruel world!" Or "GoodBye, cruel Internet" .......

Don't worry, they'll be back, even if it takes a new login......

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I can't see that any of Mrsshe's posts were been deleted on my moderator panel. Must be a technical glitch (possibly at your end Mrsshe - you can refresh the thread if you want to see whether your post was successful).

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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problem is that when people dont understand the advice they are given they tend to belive that it isnt correct so seek other advice that fits their preconceptions better.

 

As a general point It is critical that people read what is said very carefully so things are not misunderstood. There has been some excellent advice on this thread that seems to have been missed or ignored becaue of a belief that a contract exists that allows no further questioning of what the builders were up to.

 

All contracts can be broken, it is the cost of breaking the contract that varies. Some contracts are so awful they are unenforceable and I suspect that this would eb one of those. Also, contracts cant be assigned unless that has been previously agreed.

 

Again I doubt if there was a lawful assignment in this case so the builders were just causing criminal damage rather than doinga job of work if you want to follow that particular fork in the road.

Edited by honeybee13
Paras.
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Unfortunately it's difficult to think straight when you've been done for £30k by criminals.

There's always the fear of doing something illegal against the criminals and get in trouble.

Media have been instilling this fear for ages by reporting half stories of decent people done by the law for standing up to criminals.

Not trying to defend the undefendable, but I can understand that after losing £30k, the reaction could be either to be very cautious and try to legally recover the money without making any mistake, or go crazy and take the law into your own hands.

Very little in between in my experience.

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you can determine ( end ) the contract at any time for any breach, just do it writing now!

 

You can sue the QS if he has signed of work that has not been done!

 

\its your property, so you can enter at any time, follow h and s rules if you want to. Contractor cannot bar you.

 

Has PC followed CDM regs and provided a Health and safety plan? breach on its own. ( see HSE CDM regs ).

 

You can make a claim under the housing grants construction and regeneration act 2011 and adjudication for the costs paid and work not done. the advantage is they have only 14 days to respond!

 

if you get your claim this will help in any court action you then undertake.

 

You may need some professional advice from a surveyor or legal eagle tho.

 

 

Good guidance for you Mrsshe. What's your thoughts.

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