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    • If you're set on pursuing the receiver then a complaint to his governing body (if any) might be a sensible low risk first step. You need to confirm what qualifications he actually has. I don't believe an LPA Receiver necessarily needs to be a licensed insolvency practioner, although he may be. Or he may a chartered surveyor. I note you say "LPA" and "fixed charge" receiver, but aren't those two different appointments with different remits? What relevant powers are given in the mortgage terms and security? Or if that's unclear then how was the appointment described to you? Ducking back to the comment I made earlier, you consulted a solicitor who advised a claim against the receiver. How did he advise that you do so?   Some background reading (accepting it's from 2013 and you may be working off more recent preceded overturning this) .. LPA receivers owe very limited duty to borrowers; a reminder WWW.WRIGHTHASSALL.CO.UK As lenders rely more and more on their powers to appoint an LPA Receiver, a recent case has clarified the Receiver’s obligations, both to the lender and its borrower.  
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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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Community Speed Watch


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Hey Guys

 

Thank you for having me on your forum,

 

Been very incredibly stupid this evening on the way home from worOn my way home this evening from work I decided to go through the country roads.

 

I was going though a smallish village, and just before exiting the village there were 3 guys in high viz with a speed gun pointing at me (not Police).

 

Hands up far cop I was going over the speed limit as the guy holding the gun had a shocked look on his face.

 

The road was a 30, and to be honest I just wasn't thinking. Saw the national speed up ahead and saw the guys too late (again no excuse)

 

I could have been doing between 55-60 I honestly don't know.

 

My fear is now what is likely to happen?

 

Given that I was driving in excess of the limit, and probably over 50.

 

Given the twists in the road there is no way I was over 60 (not that it makes it ok).

 

What are the chances of them having a PCSO with them?

 

We are talking a very small village here.

 

All I could see was high vis jackets, no uniformed officers.

 

I even drove back a little while later (not speeding this time) and there was 3 people in high vis, no officer as I could see.

 

Absolutely gutted and panicking, so if someone can please help me out it would be much appreciated.

 

All in all a bit of a bad day., and a foolish error

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I'm not condoning speeding but in my opinion these Community Speed Watch schemes are causing more problems than they solve.

 

Give some people one iota of responsibility and they will abuse it to the extreme.

 

I have seen videos on Youtube of retired types virtually jumping in front of speeding vehicles as they wrongly believe they have some super powers due to the Hi Viz vest and radar gun they have been given.

 

It won't be long before a fatality occurs. Policing the public is a job for - well, the Police and no one else.

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Surprised they ahvent been arrested for causing alarm or distress with their fake guns

 

If not speeding, why would someone be alarmed or distressed?.

 

If speeding, would a 'reasonable person' be alarmed or distressed by the prospect they might be caught speeding? Probably not, as it is the risk that accompanies speeding.

 

So, what grounds would they be arrested on? It isn't "if you cause fear, alarm, or distress to ANYONE", but the offence is if in those circumstances a REASONABLE person would be caused fear, alarm, or distress.

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read the firearms act and the crime and disorder act, nothing to do with motoring offences. Possession of an imitation firearm ina public place. The argument that they are on community watch isnt considered by wording of the law but like all if these things, the law is contorted so the local chief of police may choose to avoid applying it to their own schemes.

 

Another example was Kent police handing over the details of all firearm certificate holdetrs to a comany called SmarPiers Morganer. The idea of this was that the gun owner bought this product and maked their guns with it and fif they were subsequently used in a crime the police could idnetify the source of the gun. Well, that is a massive breach of the DPA but wil the chief constable get done for that? i'm sure that SmarPiers Morganer makes a nice donation to an ACPO approved charity and there is no financial benefit for the police but what idiot thought it would be a good idea to give out the names and addresses of every gun owner in the county to a bunch of unknowns?

 

Undoubtedly " not in the public interest" to chase up the instigators of either of these two crap ideas that break the law.

Edited by honeybee13
Paras
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Thats a far stretch ericsbrother. A very far stretch. No court etc in their right mind would believe that someone thought it was an actual gun.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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A very far stretch. No court etc in their right mind would believe that someone thought it was an actual gun.

 

You assume Courts are so infallible, but what about trained, specialist firearms police officers?

They shot and killed Harrry Stanley because they couldn't tell the difference between a gun or a table leg wrapped in a plastic bag.

 

Things happen.

https://en.wikipedia.org/wiki/Death_of_Harry_Stanley

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They have cover, representation, an independant investigator etc etc. Not comparable.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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