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    • thanks ae - yes  I understand the claims are between me and the lender.  But with regards to the order for sale the judge specifically said it is the receiver who is appointed to sell - and he hasn't/ and isn't - which is why I am asking if I can apply to the court v the receiver for an order for sale right now?   The receiver is not part of the current proceedings heading to trial.  But he is responsible for selling the property - and he has consistently rejected offers over >5y.   This is specifically why I would like to understand if I can apply to the court to enforce the sale by the receiver??? As above - The judge has said otherwise the order for sale v the lender has to be dealt with via the trial.  Which they have deliberately delayed via the adjournment. Valuation is an issue. The lender chose the valuer.  I paid but his report basically belongs to and is referred to by the lender.  He did a prof valuation without doing a site visit.  He had done a site visit 5 months earlier for different potential lender.  The 1st valuation he erroneously wrote in his report as fh.  He just did a re-write 5m later - but wrote in his report that the value was the same for lh. I had a great offer on the table from a niche buyer which would have cleared the loan and given me a lot of £s.  But the lender rushed through the repo and the buyer got spooked and ran.  The lender then slashed the price by 30%+ from their valuation (fire sale price?).  As you suggest - they fully expected potential buyers to quickly grab the property at such a discount.  But it turned out they couldn't.  The market had dropped anyway. Then covid hit.  Every potential buyer was questioning the valuation (which clearly was wrong but the lender had accepted).  The lender and receivers actions have eroded the equity.  This wouldn't make sense to any normal lender.  99.9% would have just sold to the 1st buyer willing to transact.  The lender/ receiver had such a willing buyer on day 1 of marketing.  But they spent 15months trying not to sell to them.  As I said, disclosure shows the ceo wanted (wants?) to keep it for himself - so common sense didn't (doesn't) prevail.   The lender has made a £ Claim v me.  I am disputing it because I maintain it is their actions that has caused the erosion of equity/ a debt to accrue. The lender's problem now is that they have spent so much money and added so much interest over 5y that they cannot sell the property for what they need/ want.  They are trying to blame me for this.  But it is their fault; not mine - because I am not in possession or in charge of selling it. As I also said above - if there is some legal reason why I cannot make an application to the court for an order for the receiver to sell - then can I ask the other entity which has a charging order and threatened to do so ???  I will contact this other entity only if I can't make an app to sell v the receiver    
    • We registered our child with a nursery last year for a June 2024 start date. This was before how the new 15 hours free childcare was going to work. At the time my wife paid a £50 deposit. A few weeks ago they sent out an email about how the new funding was going to work. The nurseries can use it as they wish and they said if the child wants to come for one full day we still have to pay £50 and we can't use all the hours for one day. They also drastically increased their day rate. As a result of this we were looking elsewhere and have found a much cheaper nursery so we are changing.  The original nursery now said you only get the deposit back if she starts because it comes out of the first month of fees. I don't think we filled any any form or anything so there were no terms and conditions. Are we entitled to get the deposit back or is it our fault for not asking what the terms were when we paid. 
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Useful contacts **Correct as at Feb 2014**


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I'm starting a thread of useful contacts to have when having a dispute at work, please add any organisations/webpages which offer impartial advice on employment law.

 

Acas (Advisory, Conciliation and Arbitration Service)

Acas - Home

08457 474 747

 

 

Citizens Advice Bureau (England and Wales)

Citizens Advice corporate website - Home

Citizens Advice Scotland

The website of the Citizens Advice Bureau Service in Scotland

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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The Disability Rights Commission

Home - The DRC

(links to Welsh and Scottish advice are at the bottom of the home page)

 

DirectGov

Employees : Directgov - Employment

general information on employment

Edited by stu007
Removing National Min Wage Help info as no longer valid

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Try the Employment Tribunals own website too.

 

Under 'Procedures' there is a list of the jurisdiction they can rule on which is a good pointer to see if you feel you have a claim. Very handy.

 

Also, I always refer people to their home insurance policies as employment disputes are usually covered too. Could also be included with car insurance policies, the AA membership etc.

 

All too often overlooked, or not even realised, and it may have been paid for already which makes professional help free in a way.

 

And, usually, you can phone straight away and get some answers from a lawyer.

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Not sure if its been mentioned before, but a really good book about preparation for an Employment Tribunal is

"Employment Tribunal Claims: Tactics and Precedents" by Naomi Cunningham and Michael Reed.

If you look it up on the internet Chapter1 can be read free, plus there is a very helpful on-going blog.

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  • 4 weeks later...

Excellent website from the TUC

 

home - from workSMART.org.uk

 

:)

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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  • 2 years later...

New ACAS booklet on workplace respresentation

 

http://www.acas.org.uk/index.aspx?articleid=760

 

 

Che

Edited by stu007
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...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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