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    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • 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
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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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Council Tax Band's - Check n Challenge System


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The following is a News Release from Martin Lewis of Money Saving Expert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap Flights and more

 

 

News Release. Monday 25 February 2008

 

Council tax bands check ‘n’ challenge system

 

Huge numbers have already reclaimed £1,000s due to misbanding.

 

The recent press discovery of a cover up over council tax bands is further evidence that hundreds of thousands could get cash back by following MoneySavingExpert.com’s check ‘n’ challenge system. Since the campaign was launched in February 2007, over 3 million people have tried the system and the website is overloaded with success stories, including some who’ve got over £4,000 back.

 

By checking your band, it’s not just the current band that can be lowered, but a backdated payout to the date you moved in.

 

Why people can get so much back

 

Money Saving Expert Martin Lewis, the creator of consumer revenge website MoneySavingExpert.com, came up with the cashback system. He explains:

 

“The amount you pay in council tax depends on which band you’re in. In England and Scotland, the bands depend on the 1991 valuation of house price values. Yet these didn’t involve someone coming to your home; many were ‘second gear valuations’, so called because estate agents would literally drive past houses and allocate a band. We’re still reliant on the same system meaning there are more holes than Swiss cheese."

 

“Many people are living in incorrectly banded houses, and with the internet it’s now possible to check and challenge your band for free, possibly winning a backdated payment from 1993, when the system started, worth £1,000s.”

 

Why people should reclaim NOW

 

Lewis is urging people to act now. He says: “The closer we get to a

revaluation, the more institutionally difficult it will be for someone to get their own house rebanded. Already if you’ve been in a property more than six months, you have to force a rebanding, and as we progress towards a national rebanding it could mean many miss out reclaiming the £1,000s they’ve overpaid.”

 

Money Saving Experts three step banding ‘check and challenge’

 

Step 1: Check your banding compared to your neighbours’.

 

Go to Valuation Office Agency - homepage (England and Wales) or Scottish Assessors Association* (Scotland), which allow you to check your council tax band and the band of any of your neighbours in similar houses for free (bands range from A to H, with H being more expensive houses). It’s very easy to do, and the results can be startling. If there looks to be a discrepancy, ie you’re in a higher band than neighbours in a similar property, you may have a case.

 

Step 2: Work out your house price at 1991 levels.

 

If there’s a chance you’re in the wrong band, to check, you bizarrely need to work out what your house was worth in 1991, because that’s how council tax bands are allocated. To do this, go to Council Tax Rebanding: Lower your band and save £1,000s... where you can find out, for free, all the homes in your street’s recent sale prices. Next, follow the instructions on how to use web house price inflation calculators to quickly calculate the 1991 price. Finally, compare this to the 1991 bands listed; if it looks like you should be a lower band, you’re in action.

 

Step 3: Challenge your band.

 

If both the above steps show you’re in the wrong band, then you can challenge it. However, remember that if you ask to be rebanded it is possible your band will be increased, not decreased. If you moved into the property in the last six months, it’s easy to ask your council to look at the banding. If not, even if it refuses to consider it, you can still push hard by writing and saying “I believe the council tax list is erroneous, and you have a duty to maintain its accuracy”. For full details on this go to Council Tax Rebanding: Lower your band and save £1,000s...

 

How widespread are the payments likely to be?

 

Martin Lewis, creator of MoneySavingExpert.com comments, “The success reports are constantly flowing in, as people work through the system and get their money. If you’re moved to a lower band, you get a backdated payout, for as long as you’ve been in the property, this means in most cases £1,000 to £5,000.”

 

“Therefore the clarion call is simple: everybody, everybody, everybody should take the ten minutes it takes to check if they’re in the right band.”

 

 

 

 

 

 

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