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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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    • 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.

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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
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This OP has been posting on this thread since March 2014 on the same subject.

Any normal person would have got the message that he is "flogging a dead horse".

You can take a horse to water but you cannot make it drink.

 

He refuses to accept any advice and goes off on a tangent on totally irrelevant points.

 

The world does not owe him a living so after wasting three and a halfs years of his life on totally peurile arguments what I can only sugest is that you forget your alleged problems and get on with your life

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This is a new thread which has nothing to do with my thread of three and half years ago. This is the problem with having put together all my threads. People get confused and mix up in their mind all my threads. Obviously this affects their replies to my threads

 

I would have preferred to have my new thread kept separate

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It has everything to do with your habit of focusing on irrelevant minutiae, and arguing ad nauseam about them, or whatever new matter you introduce when you arem't getting people to agree (which seems pretty frequent).

People aren't confused, just fed up.

 

I guess, sometimes, (regarding your preference for a new thread):

 

you can't always get what you want

 

You can't always get what you want

You can't always get what you want

But if you try sometime you find

You get what you need

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This is a new thread which has nothing to do with my thread of three and half years ago. This is the problem with having put together all my threads. People get confused and mix up in their mind all my threads. Obviously this affects their replies to my threads

 

I would have preferred to have my new thread kept separate

 

It's impossible for people to advise if they don't have background, resources. Does your new query relate to a different thread then?

 

HB

Illegitimi non carborundum

 

 

 

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It is the way I do the things. When there is still some doubts I do my best to find a solution to a problem.

And to do this I have to follow all possible leads even though those which could look like being only details but which could nevertheless contain important information.

 

I notice that some members of this forum have difficulties to accept when I am right and this leads to endless conversation.

For example concerning the interpretation of paragraph 8.14 of the document “A_Handbook_for_Litigants_in_Person"

if I am right I would like to be told that I am right or to be explained why I am wrong

 

There is no need to put together all my threads to have enough background to understand my new thread

because it has nothing to do with the other threads

 

people could get confused if you for example mix up threads about employment with threads like my new thread about Civil Litigations

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It is also a question of accessibility because by putting all my threads together you force me and the other members of this forum to go through all my threads and their numerous posts to access my new thread which is not convenient

 

Untrue. If they click on the title of the thread under "new posts" it jumps to the last page.

 

What it does mean is that once on that last page it is easy for them to see that your threads ramble on with you arguing over minutiae. This way they can make a more informed choice if they want to spend time on a reply .....

(incidentally, I'm aware this reply will likely have NO IMPACT on 'resources', but other CAG'ers who aren't yet aware of that might find it useful), which is my reason for posting it.

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The applicable rules are in CPR 3.4(2), which states as follows:

 

(2) The court may strike out a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

 

 

It usually CPR 3.4(2)(a) which is used.

 

The court would not usually strike out a claim for minor non-compliance by a litigant in person. The court would however strike out claims which appear to be hopeless.

 

It seems unlikely that your claim was struck out only because you stated facts rather than law (or law rather than facts). I think we would need to know the full story before we are able to offer sensible advice.

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The applicable rules are in CPR 3.4(2), which states as follows:

 

(2) The court may strike out a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

 

 

It usually CPR 3.4(2)(a) which is used.

 

The court would not usually strike out a claim for minor non-compliance by a litigant in person. The court would however strike out claims which appear to be hopeless.

 

It seems unlikely that your claim was struck out only because you stated facts rather than law (or law rather than facts). I think we would need to know the full story before we are able to offer sensible advice.

 

Noooo! that'd be much too sensible.

You need, instead, to start a discussion (as 'resources' did) over whether it is essential that the Precedent H example given at the end of the Handbook is labelled Appendix A or not ........ not that Precedent H (which relates to costs) has anything to do with the case being struck out!.

 

If you try to be sensible you'll get told (again) that they don't need to supply the details of the claim, as they've given us all we need in their summary.

Expect to hear that Appendix 8.14 is what needs discussion (leaving aside it is in a handbook, not the CPR).

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1.

Not all members of this forum think to click on the button “new posts”. I was myself even not aware that this button existed. Moreover when I click on it several threads appear except mine which is evidence that having put all my threads together has somehow messed up the things

 

2.

The fact that I have maybe or maybe not ramble in some of my previous threads does not mean that I will do the same in this new thread because each thread has its particularities. The consequence of putting all my threads together is that some members of this forum will be pushed off from responding to my new thread because as you say they will think wrongly that they are wasting their time which will deprive the others members of this forum and me from important information that we can get from my new thread if it was properly processed

 

3.

My claim was struck out pursuant to CPR 3.4(2). My claim concerns the non-compliance of several laws. The judge has dismissed my claim because my claim concerning the non-compliance of these laws was hopeless except for one law but for this law he says that my case is not properly pleaded because I make reference only to facts but not to this law in my claim form and in my particular of claims. Therefore if I can prove that the judge is wrong at least concerning this point I can hope to have his decision to strike out my claim cancelled. I order to do so I think that it will be good we concentrate on the interpretation of paragraph 8.14 of the document “A_Handbook_for_Litigants_in_Person" and its link with CPR 16.2 and 16.4 which say that we have to provide a concise statement of facts

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Expect to hear that Appendix 8.14 is what needs discussion (leaving aside it is in a handbook, not the CPR).

 

and it only took 1 hour 19 minutes for my prediction to come good.

 

I order to do so I think that it will be good we concentrate on the interpretation of paragraph 8.14 of the document “A_Handbook_for_Litigants_in_Person" and its link with CPR 16.2 and 16.4 which say that we have to provide a concise statement of facts

 

Wow! Why haven't you raised this essential issue before?

I mean, you've only asked about it 9 times in less than 3 days ....... with no sign anyone else thinks it is important / relevant.

 

Clearly it needs its own thread!!

(No, it doesn't need its own thread, and this thread is probably past its sell by date, too).

Asking the same question repeatedly won't help you, and having it in its own thread won't make a difference, either.....

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Not all members of this forum think to click on the button “new posts”. I was myself even not aware that this button existed. Moreover when I click on it several threads appear except mine which is evidence that having put all my threads together has somehow messed up the things

 

'New posts' only shows you, well, 'new posts'.

It'd show your thread if there had been a new post to it since the last time you checked.

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I think this has now run its course and serves no purpose.

 

Thread closed.

 

 

Andy

We could do with some help from you.

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