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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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PayPal / Akinika Debt


Mal2
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Thanks

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Hi

 

I received a PayPal Working Capital Advance nearly two and a half years ago when running my own business.

 

I folded the business last year (sole trader so everything was unsecured and this is the only thing I was in debt to) and had been maintaining repayments until October last year.

 

between workload, an upcoming employment tribunal and the neighbour from hell I managed to forget all about it.

 

I also missed the three notification emails they sent re: notice of intention to terminate (I get an amazing amount of Paypal [problem] emails so I've not opened any for ages).

 

The last one (2/3/2017) read as follows:

 

Notice of Intention to terminate

 

[insert my name here],

 

We have made numerous attempts to contact you in order to discuss and resolve outstanding issues with your PayPal Working Capital merchant cash advance, but have been unable to reach you.

 

You entered into a contractual relationship with us on or around [early in]/2015 (the “Agreement”). Under the terms of the Agreement, we purchased a share of your future receivables in exchange for a purchase price and fixed fee.

 

You have not complied with the Minimum Future Receivables Requirement in Clause 4.2 of the Agreement. This is a breach of the Agreement, which allows us to terminate the Agreement in accordance with Clause 6.1.2.

 

In accordance with Clause 6.2, we are entitled to terminate the agreement and seek to recover our losses.

 

A total specified amount of £[less than 1000 but over 500] is outstanding and we will seek an amount equivalent to this as damages.

 

If this specified amount is not repaid within 7 days of the date of this notice, we may take the following actions:

 

Terminate the Agreement;

Limit your PayPal account or any other PayPal accounts linked to you or your business;

 

Seek recovery through the use of a third party collections agency acting on our behalf; or

 

take steps to recover the amount due including, but not limited to, beginning legal proceedings against you for a breach of contract as detailed above.

 

Please note that, under the terms of the PayPal User Agreement, we may also seek to recover amounts owed to us from any balance held in your PayPal account or any PayPal account you own.

 

To discuss your options to resolve this, please contact our PayPal Working Capital Merchant Assistance on 0800 368 7102. Our hours of operation are: Monday through Friday, 9:00am to 17.30pm. Alternatively, you may write to us at Paypal Europe, PO Box 9473 Dublin 15, Ireland if you wish to do so.

 

The emails and text messages began on 30/03/2017.

 

They just bang on about wanting to talk to me regarding a "business matter".

I've had five emails, seven texts and one phone call to my mobile

- it didn't ring it just left a voicemail.

 

The complication is that I never changed my landline and it is actually at my mother's house and she had her first phone call today

(I'm going to go block all known Akinika numbers there as I do not want my mother harassed).

 

They also do not have my correct postal address as I moved in January to get away from aforementioned neighbor from hell and neglected to update my PayPal details.

 

I currently can't afford to pay the entire amount, have no issue making payments to PayPal but would like to avoid lining a DCA's pockets if I can.

 

I'm also leery of incurring a CCJ without the opportunity to go defend myself since they do not have a current address (I require enhanced disclosures).

 

What would you all advise as the best way to proceed?

 

They are harassing my elderly mother every day- she was rang at 7:45am today and as it is an automatic recording she can't even respond to them.

 

(Also attached a copy of the T&C if that helps)

 

Thanks.

 

Edit: it was three days ago she started getting the phone calls.

 

I neglected to alter this before posting as had it drafted since Wednesday

PPWC_Contract.pdf

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ignore anika [ex iqor dca]

aren't bailiffs and cant do court as they don't own the debt

 

 

only PP [the owner] can do court

and they don't ever.

 

 

so .............

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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totally ignore the last removed post all those that got email alerts

 

 

obviously we are hurting the dca's fleecing antics to line their pockets from mugs that don't know they are totally powerless and are not bailiffs

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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