Jump to content


  • Tweets

  • Posts

    • Tangliss, if you can't upload the letter, could you tell us what the heading is please? My understanding is it should say 'Letter before claim' or similar. HB
    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • 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 ?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

Cameron's 'Greenest Goverment Ever' undermined by Osborne as Windfarm subsidies are threatened.


Mr lex
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4337 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Plans for dramatic cuts in government subsidies for onshore windfarms are being drawn up by the Treasury in a move that seriously undermines David Cameron's claim to be running "the greenest government ever".

 

The Observer has learned that George Osborne is demanding cuts of 25% in subsidies, a reduction the industry says would "kill dead" the development of wind power sites. The Treasury's stance has put the chancellor at loggerheads with the Liberal Democrat energy secretary Ed Davey, whose party strongly supports more renewable energy.

 

Osborne, whose reputation has taken a dive following his widely criticised budget and a subsequent string of U-turns, has been under heavy pressure from Tory MPs to reduce the billions spent on green commitments.

 

In February more than 100 Conservative backbenchers wrote to the prime minister demanding cuts to the £400m a year public subsidies for windfarms which they see as evidence of too much Lib Dem influence over coalition policy. A prominent opponent of onshore wind power is the Duke of Edinburgh, who is said to have described turbines as useless and to believe they will never work.

 

Tim Yeo, Tory chairman of the all-party energy and climate change select committee, said the Treasury and the Department of Energy and Climate Change (Decc), which is headed by Davey, were following different agendas. "This is an example of where Decc's attempts to stimulate renewable energy are being hampered by Treasury intervention," he said. "The way to deal with this – and realise the savings the Treasury wants to achieve – is to have more onshore renewable energy, which requires lower levels of subsidy, and less offshore, which requires more. We need to change the balance."

 

Critics accuse the chancellor of pandering to Conservative backbenchers who do not want turbines built in their constituencies, believing they will damage their prospects of re-election. They argue the cuts make no economic sense, because alternatives, such as siting the turbines in the sea, would be much more expensive. "This is a reckless act of political opportunism by a chancellor keen to boost his popularity among his backbench MPs," said Juliet Davenport, chief executive of renewable electricity supplier Good Energy.

 

However, Chris Heaton-Harris, a Tory MP who led the backbench campaign for cuts, said he was greatly encouraged. "I want to see a dramatic cut," he said, arguing that onshore wind power was expensive compared with gas and that it would drive up fuel poverty.

 

However, proponents of wind power point to rocketing gas prices and the air pollution and climate change benefits of renewable energy technologies, of which onshore wind is the cheapest.

 

"It is crackers to kill dead the deployment of the cheapest renewable technology if you genuinely are worried about the cost," said Gordon Edge, policy director at industry group RenewableUK. A source at one of Britain's big six energy companies said: "It's perverse – you get less renewable energy bang for your buck. It only makes sense if you don't like windfarms in your constituency."

 

After becoming party leader in 2005, Cameron adopted the slogan "vote blue, go green" as he made the environment the centrepiece of his drive to modernise the Conservatives. Shortly after entering a coalition with the Lib Dems he promised to lead the "greenest government ever", adding that "nowhere are long-term decisions more needed than actually in the fields of energy and climate change and environment".

 

But Osborne has made clear that he does not believe the green agenda can remain a priority when cash is short and the deficit needs to be reduced. With his own political fortunes on the slide, Tory MPs believe he can be persuaded to back their anti-green campaigns. This year the government angered green campaigners by announcing plans to slash subsidies for solar energy, a move the industry roundly condemned.

 

There are more than 3,000 wind turbines in the UK countryside and the debate has become more polarised in the past two years, with a tripling of local opposition. However, a large majority of the public remains in favour of wind power, even if it is placed within a few miles of their home.

The Treasury declined to comment, but a spokesman for the Department of Energy and Climate Change, which runs the subsidy scheme, said: "It is vital that our support for renewable electricity both encourages investment and represents value for money for consumers. The government will publish the new support levels shortly."

 

According to sources, the decision has been delayed by the Treasury "crawling all over" the new rates put forward by Davey.

Decc's initial proposal in October, delayed by wrangling, was for a 10% cut in the support for onshore wind under a scheme called the "renewables obligation". But the Observer was told the Treasury has demanded a 25% cut.

 

"The delay means the whole of the UK's renewables investment portfolio is being jeopardised by Osborne's pandering to Tory backbenchers," said a source. "It is total prioritisation of politics over the economic interests of the country."

 

Davenport said: "The 10% proposal was the product of independently commissioned analysis by Decc. If the Treasury swoops in at the last minute and shortcuts that process, the credibility of the government's renewables policy will be in tatters, along with the prime minister's claim to be the greenest government ever. Of course, some might argue that is precisely what the chancellor wants to achieve."

The setting of subsidy levels is a negotiation between industry and government, according to Michael Liebrich, chief executive of analysts Bloomberg New Energy Finance, who made an influential presentation to David Cameron and the world's leading energy ministers in May.

"If you cut too fast, you damage the industry and the supply chain, but if you go too slow, you create subsidy junkies," he said.

 

Liebrich's presentation showed the global average cost of onshore wind was falling, but he said using that to justify cuts in the UK was wrong: "Just because the best windfarms in the world are competitive [with gas] does not mean the average ones are yet." He added that large scales, fast planning and good grid connections made US windfarms much cheaper than those in the UK.

There are 320 onshore windfarms in UK, a third of them in England. Many more are awaiting construction or planning permission.

 

With thanks to the Guardian.

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Cutting emissions by saving people from having work to travel to.

 

Cutting the use of machinery - as workfare can get unemployed people to do it with a far lower carbon footprint.

 

Upping fuel tax - so those who can still can afford cars travel less.

 

Reducing pollution from air traffic - by increasing the taxes, and letting unemployment and those on reduced hours make foreign holidays too expensive.

 

Saving emissions from heating houses, by ensuring sufficient sanctions of the unemployed resulting in they can't afford heating.

 

Anyone want to add any?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...