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    • 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 ?
    • 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.🙂
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LPA Receivers taken over my properties with no court order & no agreement from me.


Stevlynd
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Admin if you have to merge my posts pease can this be the main one as it has a more relevant title to my problem.

 

LPA Receivers have taken over my properties with no court order & no agreement from me.

2 of the properties are empty & the receivers are doing nothing about it, how would I stand if I were to go ahead & let the properties with full knowlege of the problem to the tennants?

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Admin if you have to merge my posts pease can this be the main one as it has a more relevant title to my problem.

 

LPA Receivers have taken over my properties with no court order & no agreement from me.

2 of the properties are empty & the receivers are doing nothing about it, how would I stand if I were to go ahead & let the properties with full knowlege of the problem to the tennants?

Okay,if it was me I would re let the properties.

 

Open another bank account and have the rents paid into it.

 

Work out how much roughly your quarterly payments were and get that March one paid Pronto.

 

When, if this goes to a court the judge will note that you have tried not to fall into arrears but the bank pushed you into arrears,banks fault being totally unreasonable.

 

If they the receivers have changed the locks on the empty properties,INFORM THE POLICE,these properties are still in your name,get a locksmith to change the locks back.

 

Send a bill to the bank for changing the locks back.

 

l You've got two months before the June payment if you can make it your back in control.

 

If you make to there you can start to negotiate,I don't know all the fact's but I would be getting the other tenants in the properties that are let to pay there rents into your new

Bank account REMEMBER there A.S T,s are with you not the bank or the receivers if they don't agree serve them notice's to quit.

 

GOOD LUCK.

 

 

I'll ask over the road if they can log on to here and help you but some are banned.

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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

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Are we talking bankruptcy here ?

No I am not bankrupt & have never missed a payment or been late or short with a payment. Lpa receivers took over 27th feb & as they told the tenants not to pay their rent because they hadn't opened a bank account for it to go into marches payment was missed.

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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

Hi Squaddie,the OP has another thread going but its all over the place but you should get the just of what's going on if you read it.
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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

 

This was initially a 5 year deal which i was assured would be renewed. I then took out further loans over 15 years. The banks went belly up & said sorry we lied we want our money back & if you try to pay the 5 year loans we will probably choose to pay them off the 15 year ones. The loan agreement says they can do pretty much as they like, including putting the properties in the hands of the LPA receivers. After asking a million questions before i signed I was assured nothing like this would happen as long as I made the repayments.

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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

Sorry missed the bit about who they are acting for. They have told my tenants they are my agents. I have sent a SARs to them to see if I can find anything that looks although they are acting for the bank in any way but obviously this all takes time.x

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Hi Squaddie,the OP has another thread going but its all over the place but you should get the just of what's going on if you read it.

 

Sorry for the messy threads but am new to all this & my heads a bit of a shed. Thanks to you guys am learning very quickly though.

I could post the letter I sent to my Mp as it pretty much covers everything although as you can imagine it is many pages long. Lol

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

Thanks for that squaddie. Am beginning to feel better already.

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Looking at that link, i have noticed it is three years old. Since then we have had the meltdown in the banking sector

 

Thing to watch is:

 

Has their been any change in statutory provision or established case law to either support, or negate the situation in 2010 in regards to the established practice by some lenders

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

Just another point would a court take the properties back or would they make us get round a table & sort the whole mess out?

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The court in any dispute will offer mediation before any sort of difference of opinion was placed before a judge

 

Thanks for that squaddie. I already feel as though a 10 tonne weight has been lifted. Have put the word out that I have properties to let & have already had some interest. Just need to find a tenant with some guts who will be able to stand up to any threats from the receivers.

Edited by Stevlynd
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Thanks for that squad die. I already feel as though a 10 tonne weight has been lifted. Have put the word out that I have properties to let & have already had some interest. Just need to find a tenant with some guts who will be able to stand up to any threats from the receivers.
You don't really want to tell the new tenants anything about any dispute,its not there business,when you start taking control the receivers will probably back of, someone at the bank is trying to frighten you ,.they the BANK are acting illegally.

 

You are going to have to start to stand up for yourself,the bank will try every dirty trick in the book to bully you and intimidate you,you as a tax payer have an 82% stake in this bank.

 

You've got a long way to go so get going and ask as many questions on here and other places these people will help you.

 

Don't be BULLIED.

.

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You don't really want to tell the new tenants anything about any dispute,its not there business,when you start taking control the receivers will probably back of, someone at the bank is trying to frighten you ,.they the BANK are acting illegally.

 

You are going to have to start to stand up for yourself,the bank will try every dirty trick in the book to bully you and intimidate you,you as a tax payer have an 82% stake in this bank.

 

You've got a long way to go so get going and ask as many questions on here and other places these people will help you.

 

Don't be BULLIED.

.

Thanks streetwise feel like we've been fighting alone since the end of February when they took them. Have seen a couple of solicitors but don't have any faith in them. now feel as though I have a whole army behind me. I certainly wont be bullied now i know where i stand. Am wondering though how I would stand putting tenants in without them being fully aware of the situation with the bank as if this goes to court quickly & they're evicted the may have a case to sue me for damages.

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Thanks streetwise feel like we've been fighting alone since the end of February when they took them. Have seen a couple of solicitors but don't have any faith in them. now feel as though I have a whole army behind me. I certainly wont be bullied now i know where i stand. Am wondering though how I would stand putting tenants in without them being fully aware of the situation with the bank as if this goes to court quickly & they're evicted the may have a case to sue me for damages.
You are a long way from court unless there is something you have not told us.

 

When the new tenants sign A.S.T.s they will have rights and the bank won't be able to just throw them out.

 

These properties are yours.

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You are a long way from court unless there is something you have not told us.

 

When the new tenants sign A.S.T.s they will have rights and the bank won't be able to just throw them out.

 

These properties are yours.

 

Lol no I don't think there is anything that I know of that I have not told you but as the tenancy date will be after the date they said they are taking over them and as the bank seem to think they owe them does that not make a difference? Also should I do the assured shorthold tenancy for 5 years, I know you can do them for up to 7 years?

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Lol no I don't think there is anything that I know of that I have not told you but as the tenancy date will be after the date they said they are taking over them and as the bank seem to think they owe them does that not make a difference? Also should I do the assured shorthold tenancy for 5 years, I know you can do them for up to 7 years?
What do you think.??? I see you've managed to post over the road. Edited by Streetwise
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What do you think.??? I see you've managed to post over the road.

Well I will go with my gut instinct & if I feel they are the right tenants I will do it for 5 years. Ok so now I know what over the road means thanks for that. I searched a different term & they were the 1st to come up. Thanks for all your help. Streetwise.

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

Sorry missed this post. Have done a land registry search & my name is over the doors so to speak.

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  • 6 months later...
Sorry missed this post. Have done a land registry search & my name is over the doors so to speak.

 

Hi Stevylynd

Have you got any update on the situation,I find myself with exactly the same as yourself down to the 5year deal agreement which was confirmed would be extended then due to the BANK CRISIS

A formal demand for repayment with zero possibility of refinance and now lpa agents appointed ( I also have no arrears and all payments met)

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