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

Monument & C.A.R.S


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I will try to be brief with this question/problem.

 

In 2008 my friend who had a Monument Credit Card suffered a heart attack and could not work. There is a vague recollection of Monument accepting the situation and providing a payment break or suchlike.

 

Friend continued with regular payments until July 2011 when he got a letter out of the blue from C.A.R.S He telephoned Monument who said they no longer would be dealing with it and in future he would have to deal with C.A.R.S

 

After a telephone convo with C.A.R.S (July 2011) he agreed to pay a set amount on the same date each month and he continues to get monthly statements from Monument.

 

This month after checking his bank statements he noticed (since last November 2012) C.A.R.S have been erractic in taking their payments. They are ignoring the agreed date and two payments were taken out in the same month.

 

This led to some checking and I discovered the only communication he has ever had from C.A.R.S was the initial letter (kept for ref) and a telephone call in July 2011. At that time he believed he was agreeing to a direct debit but now learns they got their payments via a credit debit on his card.

 

Having read scary stories on recurring debit card payments, my friend would ideally like to stop C.A.R.S from using his debit card in this way. Now the obvious thing is to contact C.A.R.S but wanted some advice on how to proceed.

 

Thanks in advance of any replies.

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  • 3 weeks later...

Hello creditangel

 

I'm not a moderator or adviser here but I have a Monument account that is being handled by C.A.R.S and I have had trouble from the latter. Firstly, I must admit that, contrary to the excellent advice repeatedly offered here, I have spoken to C.A.R.S. by telephone, although from today I will no longer do so. My problems have stemmed from what appears to be a communications failure between the creditor and the DCA which has resulted in C.A.R.S twice sending me the usual red splattered threatening letter, even though the agreed payment has been made before the due date and is shown on the monthly statement.

 

This is how I handle my Monument account and C.A.R.S:

 

 

  1. I pay by Standing Order to Monument, not C.A.R.S..
  2. I do not allow C.A.R.S staff to talk over me on the telephone; I say what I wish and hang up.
  3. In response to C.A.R.S' assertion that I must pay them instead of Monument I state clearly that my contract is with the latter and I will continue to pay them until they instruct me to pay another company.
  4. I refuse point blank to give any bank details to DCAs and never make payments to creditors by debit card (as a general rule I always contact my bank when, occasionally, someone uses my details to make an unauthorised withdrawal).

I never make payments to creditors and DCAs by Direct Debit as that takes control over my bank account out of my hands. I always pay by Standing Order.

 

When you're chewing on life's gristle whistling rarely helps.

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