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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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NORCAT V Bank of Scotland (HBOS)


Norcat
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Hi all, heard/seen Matin Lewis on BBC earlier this week then watched with much interest the Money Prog.

 

For years I believed the Banks to operate a system of legitamised extortion, to the point of immorality. It appears now that it was extortion but not legit. They would return a s.o. for £17.00, because there was only £12.00 free funds in the account and then send a letter advising that they had charged you £20-30 for the privilege. What a nonsense.

 

They are now sowing what they reaped. I used to say 'a plague on all theire houses', perhaps it has now come to pass!

 

On a personal level we have just sent claims against 2 separate accounts to HBOS totalling in excess of £10,000 (scary really that this amount should have been taken from us), and await, with some apprehension, their response. Will be delighted to advise of outcome.

 

With thanks to CAG and all your support.

 

All the very best to you all in a similar situation.

 

Please, wish us success!

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Hi Norcat

 

Good luck!!!! You will get all your money. I've just started 2 claims with BOS and still await up to date statements for my credit card, bank loan, business account and mortgage. They have until tomorrow to send them. Dont think they will make the deadline. I estimate by the time I am finished it will be nearly the same amount as you.

 

Good luck. Go for it!!!

 

Gemspan

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Good afternoon Gemspan, appreciate your post and best wishes. Please keep me posted and let me know how it pans out for you, hopefully to your success. Please let me know if they respond tomorrow!!!!!

 

I am also very interested re your Biz Ac, as we will be looking at our old BOS account early next week. Now moved to RBS.

 

All the very best.

 

Norcat

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  • 2 months later...

Good afternoon all, less than 3 months after submitting 2 claims totalling just over £10,000 to BoS, I now have letters of offer from the bank for £9500.00. Quite a result. They were a bit dilatory in putting back dates when they promised to respond, but following a little pressure (threat) they did telephone to discuss and make an offer of £8000. I held out for an extra £1000 over the 2 claims and I have to say they were very easy and to be honest, good to deal with.

 

They also acknowledged that they were being flooded with these claims.

 

We are delighted with the result and would ask all out there to pursue by the methods laid out by CAG and be committed. Our experience says you will win.

 

Our thanks to CSAG and Martin Collins via the Money Programme at the end of last year, and a donation to CAG on way as soon as thye funds hit the bank account.

 

Best of luck (sorry not luck........proper action and persistence)

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