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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ACS Law : ACS:Law withdraw from ALL cases - BBC NEWS


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http://www.bbc.co.uk/news/technology-12253746

 

well done caggers!

 

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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ConsumerGroupsFriends.... this is some extremely good news.

 

I cant thank the people on this forum enough for the held, guidance, advice, support, time, effort, research that has been put into it all.

 

Any one who has even participated with a post to any one victim to this should be happy inside. A lot of sleep was lost over this.

 

 

Much love

 

xxxxxxxxxxxxxxxxx

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It also may not be the end of it... sorry. But until the ruling excludes MediaCAT for continuing to act on the NPO's already obtained then it's only ACS out of the picture. This needs to be finalised and MediaCAT prevented from continuing this harassment through other parties.

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Those who received such letters may pursue ACS: Law for harrassment, said law firm Ralli, which represents some of the defendants

 

Don't look past this very important point and lets keep an eye out for any such follow ups.

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To be honest, I am not that concerned about the probably fairly pointless idea of pursuing the odious Andrew Crossley or ACS:Law for harassment. I hope that Andrew Crossley crawls away into some deep, dark hole and if he has a wife, children, surviving parents, colleagues or friends they all get to find out about the disgraceful practice he has been engaged in and react accordingly.

 

I am very concerned about the precedent and the release into the public domain of the names and addresses and perhaps even the phone numbers and credit card details of tens of thousands of people.

 

Let us not forget that this was an exploitative attempt to obtain money through intimidation, the threat of significant financial loss or by means of exposure, the loss of employment and breakdown of relationships.

 

I would be far more interested if Ralli or others were to pursue the legitimacy of this sort of extortion and blackmail and if the ICO and SRA were to come down very heavily on Andrew Crossley.

 

 

Incidentally, I can't believe the sympathetic stance being adopted by the media who still seem to portray Crossley as some sort of victim of a gross injustice - a least the Telegraph appears to have chased up on his claims of bomb threats. What about the claimed accident that prevented his appearance at the first hearing, what is te truth behind that?

 

The little known Computeract!ve also deserves a round of applause :)

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I agree that the outcome should seek to close the door on this kind of threatening behaviour in future, but I for one don't think Crossley & Bowden should be let off the hook so lightly. If nothing else it would set an example to others to considering to act in such a manner.

 

Personally, I'm not interested in an ambulance chase of being rewarded for being harassed. But to punish those who acted in such a way to the extent that they lose all their ill gotten gains is surely a justified act. I don't want to see these merciless cowards benefit by so much as one single penny for this act. I'd be quite happy to recover all collected damages into a charitable donation, just as long as AC & LB can't say this has funded so much as a car payment or one drop of fuel for his Jeep Compass (not quite the Lambo or Ferrari he was expecting)!

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I am so pleased. I will never forget how I felt when I opened that letter. All the posts on here helped me make the right moves and I never sent the guy a penny. There are thousands like me. I hope he feels as bad as all of us put together. A first class S**T whose greed overcame any thoughts of the effect he had on people lives, hiding under a smokescreen of self righteous, hypocritical, double standards. Fortunately he became too arrogant, made too many mistakes and will now pay for it. Don't feel sorry for him, I hope he gets locked up

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  • 2 weeks later...
It also may not be the end of it... sorry. But until the ruling excludes MediaCAT for continuing to act on the NPO's already obtained then it's only ACS out of the picture. This needs to be finalised and MediaCAT prevented from continuing this harassment through other parties.

 

Now Judge Birss has given MediaCAT and the copyright owners involved 14 days to join the action before it faces being struck out.

 

Judge Birss had been concerned that if the case was simply allowed to drop when ACS Law pulled out, the defendants could have had the action resurrected by another firm representing the copyright holders.

The judge wants to drive the final nail in their coffin.

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Judge Birss said he had considered making an order preventing Media CAT from issuing more proceedings, but as the company had been declared insolvent this was not necessary.

 

Instead he set aside notices filed by Media CAT to discontinue the case and said: “I will hear counsel as to whether in the circumstances as they now are there if anything would be served in requiring Media CAT to apply to join the copyright owners.”

 

A spokesperson for defendant solicitors Ralli said the cases were stayed until 16 March. The claimants must discontinue within two weeks if they wish to do so.

 

Ralli and Lawdit are both applying for costs orders against ACS:Law. Coyle said he expected the judge to decide on costs in the near future.

 

In an emailed statement Crossley confirmed he had closed down ACS:Law and informed the Solicitors Regulation Authority (SRA). Crossley said he would not comment further.

 

A spokesperson for the SRA said it had not yet received notification that the firm had closed. The spokesperson added that it was pursuing its misconduct case against Crossley.

http://www.thelawyer.com/acslaw-file-sharing-claims-dropped-as-firm-closes-doors-for-business/1006896.article
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There has been some speculation that some of the material that people have been invoiced for was not even owned by the copyright holders that MediaCat had an agreement with. One poster commented that they had looked into it and found that the film title that was on the invoice letter, was actually owned by a Dutch company that was no longer trading.

 

Makes you think that the copyright owners MediaCat have an agreement with are unlikely to join the action. Even if they could prove that they had copyright for the material in question, I doubt that they would wish to incur any costs, when the current actions are looking doomed. Surely if they had received positive legal advice that they could take legal actions themselves with a good chance of success they would have done this themselves, rather than allow somone else to do so, with the consequences we are currenly seeing.

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