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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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Breach of Terms and Conditions in Whatever Happens- Repair Time


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My daughter bought a Toshiba Iris 15F laptop 0n 11/8/13, togeter with a Whatever Happens Care plan.

 

 

She woks in South Ameroica as a consultant for a USA comapny working online.

The computer is her main work tool.

 

 

In Jnauary 2014 it developes a fault with the key board and keeps swtiching off.

She contacts PC world both by phone and email from South America,

she informs them she will drop the laptop in at PC World Wolverhampton, for repair.

This she does when on her 2 week vacation in July 2014.

 

 

The laptop is returned to PC world 4 days before the end of her vacation.

On collection she inspects it and it noticed that they have replaced it with the wrong keboard.

( its either Russian or some other lanuages as there are non UK letters on the shift keys and all the other keys)

 

 

On being told "sorry, we will replace the keyboard again, but you wont get it back before you leave for South America",

my daughter says I will have to work round it and return it for repair on my Xmas vacation.

 

 

On 21st December 2014 my daughter returns to UK and

on 23rd Dec hands the lap top to PC World in Wolverhampton for repair.

She is returning on 10th Jan to South America.

She is advised the laptop will be returned by 4th Jan.

 

 

On 6th Jan she is now informed laptop will be delayed as parts are required.

On stating she is leaving by the end of the week, and this is not acceptable she is told,

" the Terms and Condtions state that we (PC World) have 21 days to return the laptop.

That end date is midnight on 12th of Jan, after which we will issue a voucher for a replacement.

 

At approx 10am on Monday 13th Jan I get a phone call to say the laptop is now repaired.

BUT it wont be returned to PCWorld untill Thursday 15th Jan.

I inform they they are in breach of their T &Cs but

they inform me that travelling time is not included!

Nowhere is that in their Terms and Conditions.

 

 

On Thursdauy 15th I duly get a call from PC World to say the lap top has arrived in store.

I refuse to collect as I now say they are in breach of contract.

 

 

Despite speaking with several members at Customer Care st Know How who all say

that there is no actual term or condition of travelling time in the T&Cs

they refuse to issue a voucher as they say the machine was repaired in 19 days.

 

I state they have breached their T&Cs as it clearly states:

 

'In most cases we will repair your product first time.

In the unlikely event that your specific pproblem takes over 21 days to repair you may request a replacement product........

 

21 days repair time will start from - the date you book in your product for a repair at Currys or PC World.'

 

Do I have a case for taking them to the Small Claims Court for a breach of contract?

 

I have refused at present to collect the 'repaired' laptop from PC Worl as I feel this may invalidate any potential claim.

Your advice would be most welcome.

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t & cs states . In the unlikely event that your specificproblem takes over 21 days to repair, you may request a replacement product

 

to replace the laptop it must be at repair centre 'being repaired' and not complete.

 

and from 23rd dec to 13th jan, bare in mind xmas day, boxing day and new years day are official uk bank holidays, they have ''repaired'' within 21 days. and the delivery time scales are not included.

 

plus another key word to mention is ''request'' meaning it can be denied for whatever reason.

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