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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Telephone harassment - an action plan


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It's not difficult and can even be therapeutic. Imagine how you will feel when you realise that you are doing something about it. That you are secretly building an evidence file which will put you back in control.

  • Buy a good size exercise book from your local stationers to be used as a log book.. You will need one with non-detachable pages and the pages should be numbered if possible.
  • If you have blocked your phone to withheld numbers - then unblock it. (you will need to receive calls.)
  • Keep a clock or timer next to the phone.
  • Start keeping a detailed diary of your unwanted calls.
  • Log date, time and length of call. Don't keep more than one or two per page. (Keep it neat)
  • As soon as the call is finished do a 1471 and log if there was a number or if the callerID was withheld. Note down a detailed account of what was said by whom, was the caller male or female etc.
  • Start trying to go through various scenarios so that you log a number of typical exchanges. You might be upset. You might be angry, Try being very cooperative in order to draw more information as to who is calling and on behalf of whom.
  • You might want to plead with them to stop calling or to tell them that it is very late and that the children will be wakened.

You will soon learn to get into the role and you will soon understand how to draw the full range of reactions from your harasser.

 

Do not tell any lies. Keep your reactions typical of the ones which you would have were you not this time turning the tables.

 

We suggest that you go through this for a month or so.

Keep your call log book in good condition. Do not tear out any pages. Keep the page numbers fully sequential.

 

 

In addition too this, we would suggest that you record the calls. Telephone recording is legal. You do not need to warn the other side.

If you use Skype then there are several software programs around which will let you do this. We have found that callBurner is very good and we will be offering it through this site very soon. There are cheaper programs and even free ones but CallBurner seems to be very fully featured and we think that it is worth the price considering the problem you are trying to combat.

 

If you use a landline then get a telephone recorder from Maplins. However, we will soon be offering a very superior landline telephone recorder through this site and a good price.

 

If you do record your calls, then you should still keep your written log but also reference each written log to the voice recording which you have obtained on tape or on computer file.

 

The big question is always -

 

Do I have to warn the other side that I am recording them?

 

The answer is NO you do not.

 

This is a common misconception.

As long as you are not interfering with the BT phone line then you are breaking no laws. Telephone recording is legal.

 

 

Click on the Chilli to download a trial copy of CallBurner, the Skype CallRecorder:- chilli.png

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See also two new links in the library:

Protection from Harassment Act 1997 - statutes library

 

and

 

Harassment - Guidance from the Crown Prosecution Service - external links library

 

 

 

 

 

NOTE: Quite a few people posted on this "information" thread when they should have started their own. These have all now been removed to a separate thread which can be found HERE

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