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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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Yorkshire Visa now Marlin Chasing - **Ack'd AS SB'd - CLOSED**


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hi all

Well after turning the house upside down( I do have nice clean cupboards tho)I cannot find the letters to Marlin, so I have no idea what I sent to Marlin and exactly how I worded them. I do know I said the account was in dispute.

I am so mad with myself because I printed copies off until then.

 

Do I not go the statute barred route now ??

 

I know they are going to start because I keep getting phone calls, which I do not answer.

 

Thanks Guys

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hi all

Well after turning the house upside down( I do have nice clean cupboards tho)I cannot find the letters to Marlin, so I have no idea what I sent to Marlin and exactly how I worded them. I do know I said the account was in dispute.

I am so mad with myself because I printed copies off until then.

 

Do I not go the statute barred route now ??

 

 

That is a great pity.

 

 

There is no harm in sending a statute barred letter along the lines of:

 

 

To The Compliance Manager

Marlin FG

 

 

Date

Ref: Use theirs:

 

 

Sir /Madam,

 

 

I refer to the alleged deb for £xxxx.xx as referenced above, please note I do Not acknowledge any liability to Marlin.

 

 

Having reviewed my credit history I have concluded that any such alleged debt is statute barred, there for I will not make any payment or offer of payment now or in the future.

 

 

Marlin will now confirm that this matter is closed.

 

 

Used signed for post check delivery date:

 

I know they are going to start because I keep getting phone calls, which I do not answe

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Thanks Brigadier.

 

If it goes to court because they don't agree, what happens if they produce the letters that I sent and theres something on them I shouldn't have said. Don't want a CCJ after all this time. I was fighting on the "application form and the t&c's" and the way YB tried altering the application form( by cutting off the heading "application form" so it looked like a credit agreement).

 

My husband agrees with you because we want it out of the way now.

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Thanks Brigadier.

 

If it goes to court because they don't agree, what happens if they produce the letters that I sent and theres something on them I shouldn't have said. Don't want a CCJ after all this time. I was fighting on the "application form and the t&c's" and the way YB tried altering the application form( by cutting off the heading "application form" so it looked like a credit agreement).

 

My husband agrees with you because we want it out of the way now.

Hi alamand, it is a case of prodding the sleeping dog, if they have anything to dispute the SB claim let's get it out in the open, it can then be challenged. Mysterious payments of £1 or £10 that just happen to be the fees for CCA requests or SARs are the most likely things to crop up.

 

 

The app form trick is quite common but I have not seen one modified in this way for a long time.

 

 

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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I have checked the balance and it is still the same so that should be fine,

I will wait for their next letter then, as I didn't respond to their last one.

1 more question, I send what you have put and not the SB one??

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I have checked the balance and it is still the same so that should be fine,

I will wait for their next letter then, as I didn't respond to their last one.

1 more question, I send what you have put and not the SB one??

It is your choice as to which you send I am no lover of template letters for this particular subject.

 

 

I go by results.

 

 

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Hi Brig,

 

Well letter received asking for income/expenditure and phone message left from Marlin.

 

I have written your version and it will be in the post tomorrow. Signed for of course.

 

I have checked experian and noddle and no default or anything from Marlin or YB, in fact YB did not put anything at all on all 3 credit reference agency's even at the beginning, which I find strange.

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IMHO it will be SB'd

 

the FOS decision makes no odds.

 

they are just trying it on.

 

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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Hi Brig,

 

Well letter received asking for income/expenditure and phone message left from Marlin.

 

I have written your version and it will be in the post tomorrow. Signed for of course.

 

I have checked experian and noddle and no default or anything from Marlin or YB, in fact YB did not put anything at all on all 3 credit reference agency's even at the beginning, which I find strange.

 

 

 

Good morning Alamand.

 

 

I agree with dx, Marlin have been chasing a raft of SB and unenforceable debts some have been seen on here but I think it's the tip of the iceberg.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 8 months later...

Hi every one

I received a reply stating that the acc is indeed statute barred n the matter is now closed.

Thanks everyone for your help.

 

Sorry I'm late with reply but when I have been logging on the site on my comp, this thread is not showing up. I have logged in through my phone, 1st time ever, and it's now here. Very very strange.

 

Once again thanks to everyone.

Alamand

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