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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.  (Although 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 it, but legal advice was something to do with the role the receiver has acting as an agent for the borrower which makes it hard for a borrower to make a claim against the 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 app 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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      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.

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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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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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