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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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Council playing dirty. Can i stop them?


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Hope someone can help with this.

 

My partner has a council tax bill from her previous property she lived in which was over 3 years ago.

The council have been in touch and wanted it paid, which is fine.

 

I set up a payment plan with them over the phone for £10 a month until we are a bit better of then we will up the payments.

 

I received a letter from them saying they accept the arrangement and could i send them details of partners work and any benefits we get which i did. I also put at the bottom of the letter

 

The details above are given in good faith and are to be used as reference only and not to be passed on to any third party or used for any other reason than to check against the details provided on the income and expenditure form which has been returned to you.

 

By reading the above you agree to the terms that the details are provided upon and they will not be used for any other purpose.

Not sure if that stands for anything but i look at it as the same thing as filling in an online form and being asked to tick a box to say you do not want them to pass your details onto any third party.

 

This morning we have received another letter thanking us for the details and saying -

 

I confirm receipt of your letter with employement details.

The terms of a liability order allow for an attachment to earnings order.

The payment for £10 a month is not acceptable, the minimum, as advised previously is £20 a month.

To prevent further recovery action being taken contact us.

Now, i have the letter here saying they will agree to continue the £10 a month yet now they have employement details they want to up it or do an attachment to earnings.

 

Can they do this and did my little note on the bottom of the letter i sent them stand up for anything or was it just wishfull thinking..

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Councils are renowned for putting on attachment of earnings orders for CT arrears, do not ignore them as they will do it, try negotiating at say 15.00 per week, they do ask for more whatever you offer but make sure you keep to the payments.

If I have been of any help, please click on my star and let me know, thank you.

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We cant do any more at the moment. !0 a month is the best we can manage. My partner has just gone back to work after being on SSP for the last 4 months and only been back 2 days. We have other bills to try and catch up on yet.

 

As they agreed to the £10 a month payment in writing can they now go back on it even though they have said it was ok?

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As they agreed to the £10 a month payment in writing can they now go back on it even though they have said it was ok?

 

Legally, yes. Nowhere in Council Tax regulations does it state that a payment arrangement is an option , any arrangement is at the councils discretion.

 

 

 

I received a letter from them saying they accept the arrangement and could i send them details of partners work and any benefits we get which i did. I also put at the bottom of the letter

 

It appears that they haven't accepted your terms and you haven't accepted theirs. If you wish to push the issue then they can ignore what you provided and instruct a bailiff or issue an Attachment of Earnings Order.

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They accepted the arrangement over the phone and then send me a letter confirming it so i can't see how they can go back on it so easy.

 

It seems you're not being helped much here by more sources than one......if you have evidence that your council entered an arrangement, I'd say pursue this with your local authority and don't be put off by the negative comments.

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Yes, i think a letter from them with it in writing is evidence enough.

 

I've emailed them stating i'm not happy with the way they have decided to change it and how they have asked me to provide details of my partners employment under false pretences as they said in the letter it was just for information but now they have they details they have said up your payment or further recorvery action will be taken or an attachment to earnings.

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Well after sending them an email stating i was not happy with the way they gained details from us and trying to use them as scare tacticts to be used for other options of collection they have decided that my offer of £15 a month is ok for now. Don't think they realise that some people wont just roll over and play dead for them and we all have a voice to shout back at them with.

 

They did ask in there reply email about my income as they stated the IE form i filled out did not have that on it and it should have been a household income, i only put my partners as its he council tax from before we met.

I've told them it has nothing to do with me or my income as it was before my time and the fact at the moment i'm not working so there would be nothing else to add to the IE form.

 

There reply was the same again, they accept the £15 a month and will review it again at a later date to see if anything has changed.

 

I take it i was rite that as its counicl tax from before we met its nothing to do with me or my personal income?

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