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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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Conservatives want to scrap the Human Rights Act


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Dominic Grieve does not agree with the change that Cameron and some Tories want to see. Grieve was seen as a very good attorney general who was respected as being very knowledgeable about human rights law.

 

Even if the Tories were elected with a majority they would not be able to make the change, as quite a lot of Tory backbenchers won't support it and opposition parties will vote against.

 

It is purely a party political device to pander to the right wing media who keep going on about it.

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didnt the cons say that they were going to repeal/amend the HRA last time, and the time before? didnt happen. cause it cant be done without something else in its place that satisfies the hr requirement for eu membership (unless leave the EU :)). maybe the proposed bill will satisfy. the ECHR has been part of our law for ages prior to the HRA anyway. the HRA just 'codified' it as per eu membership requirements.

one poss option, is for the EctHR to increase its so called margin of appreciation. more of a political matter though.

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They are talking about it being replaced by a UK Bill of Rights. They are using some high profile cases to promote their cause. It sounds like they want to transfer more powers to the UK Supreme Court .

 

didnt the cons say that they were going to repeal/amend the HRA last time, and the time before? didnt happen. cause it cant be done without something else in its place that satisfies the requirement for eu membership (unless leave the EU :)). maybe the proposed bill will satisfy. the ECHR has been part of our law for ages prior to the HRA anyway. the HRA just 'codified' it as per eu membership requirements.

one poss option, is for the EctHR to increase its so called margin of appreciation. more of a political matter though.

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They are talking about it being replaced by a UK Bill of Rights. They are using some high profile cases to promote their cause. It sounds like they want to transfer more powers to the UK Supreme Court .

 

i know. as i posted 'maybe the proposed bill will satisfy' eu requirements.

there are also lots of cases (partic criminal eg re fair trial) where the EctHR has not interfered due to its margin of a.

if we are to remain in the eu, then we would still need to satisfy the clear statement of human rights requirement of such membership (currently the HRA). prior to the hra the echr was already 'incorporated', but such incorporation was not seen as clear enough (was mostly contained in case law).

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They are talking about it being replaced by a UK Bill of Rights. They are using some high profile cases to promote their cause. It sounds like they want to transfer more powers to the UK Supreme Court .

 

Yes they want to transfer it to the court where the judges are basically "appointed" by the government and a court which together with its government spout on about how democtratic the UK is, but in reality do not respect human rights and bang on how the normal public must respect the rule of law and decisions of the courts and judiciary, but then they blatantly ignore rulings and judgements when they don't like them. Maybe we should all start doing the same when we don't like any eu laws such as emissions, noise, etc. sorry but think Cameron and his home office ministers deserve places in history with Marx, Mugabe, polpott, putin, Hussein, etc. at least we have a mutated form of free speech, you can say or type what you want as long as it doesn't go against many laws against discrimination, electronic communication, Anything the uk or usa governments don't like, etc but even then this post will most probably get gchq on my posterior.

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where the judges are basically "appointed" by the government

No they are not and if you look back you will see that the government have lost a lot of cases in the supreme court.

 

 

 

 

This means we have unelected judges running this country and not the government.

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No they are not and if you look back you will see that the government have lost a lot of cases in the supreme court.

 

 

 

 

This means we have unelected judges running this country and not the government.

 

 

I think you may be looking back at before the supreme court. The supreme court justices are appointed by the queen on the recommendation of the prime minister after recommendations by a committee, all the governments cronies in other words, so please don't tell me they are independent.

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even before. eg re appointment of QC's, ie potential recorders/judges. things are better, but still depends on the selection panel.

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