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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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    • If you are buying a used car – you need to read this survival guide.
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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Wageday Advance Complaint


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Hi, not looking for advice as i'm following the same format as my QQ and P2P complaints. I just wanted to update the forum.

 

After WDA emailed me and said they noticed I'd borrowed a lot and they would freeze the interest on my current loan and arrange a repayment plan to help me, I thought it was great. After that the hassle started, constant phonecalls including to my work, even after I asked them to remove the number from their records. I put a complaint in about how poor their service was as they had offered something to me, yet started treating me as if I had defaulted. Letters with default charges 3 weeks before my DD was due etc. 8 weeks later I got an email saying they had been in the wrong and they would remove £25 off my loan, hardly the most generous offer, but an acknowledgement at least. The rest of the email ahd incorrect information on it in relation to my balance etc. I emailed back expressing my surprise at the information on outstanding amount etc. I also asked for all the information on my accounts and what I had borrowed / paid. I got a reply with the correct info on the account but no response on the additional info I asked for. Last week I emailed again to ask when i'd receive this info. As I still haven't received something today I decided to do my own digging

 

I have found all the emails for loans in my Hotmail and was able to piece together all the payments, loans, interest and rollovers. I have had 37 separate loans, and during that time I've rolled over 20 times. This included one loan that was rolled over 10 times, then a payment plan put in place for 6 months to pay it off, and a loan issued again the month after!! Loans started at £150 per month borrowed and up to £640 (repaid £800) between March 2009 and October 2015. Total interest paid seems to be around £7,300

 

I have put in my complaint for irresponsible lending (the 10 month roll over one that took my 16 months in total to pay back and then immediately be offered another should be enough to show that!) and i'll await their response. I'll update if and when I hear anything

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Looked online on my WDA login in, and under my payment plan it used to say: payment due date - 29th February, it now says payment due date 30th November. Seems a bit strange. I wonder if they will still try and take payment as agreed. This wasn't something I went to them with, they actually approached me to break my repayment down

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Seems that now I've raised a second complaint with WDA they have put the account on hold and will not be collecting while the complaint is under investigation. I'll just have to wait and see what they come back with

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  • 3 weeks later...

Received a 4 week holding letter "despite our best efforts, we are not in a position to give a final response to your complaint"

 

I've already supplied them with a copy of my credit report showing loads of late payment markers in 2010 and 2011 and then again from 2014. It also shows the other payday loans on there. And although I've borrowed since 2008, I asked for a refund on all interest since June 2011 when I had 10 months of rollovers. June was when I ended up in a payment plan with them over 6 months, before they then continued to led the month after and increased my credit amount. Thought i'd give them a negotiation point rather than just say I want everything back, which is greedy. Regardless of what I think of PDL they offer a service that I've used, so asking for all interest back is a bit of a cheek.

 

See what comes in 4 weeks time

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Just wanted to say hello and welcome to cag as nobody has responded to any of your posts so far, we do have members with plenty of knowledge in dealing with these types of lenders so please dont feel that your on your own.

 

If you need any help simply ask on your thread here and a team member will be along to advise.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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Hi Martin, thanks for the message. Don't worry, I have another thread under the Quick Quid part of the PDL forum, and had some excellent advice off the team here. I have added this thread as its a different business and hopefully my experience will help someone else in the same boat

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  • 5 weeks later...

Just as an update on my complaint with WDA. I have had loans with them since 2009 through till today. I had numerous roll overs and for one loan did this 10 times, followed by a 6 month payment plan and then reloaned a few days later. I complained to WDA and asked for interest back from loan 11 through to my last loan after my 10 months of roll oves, till end Dec 2015. The last few loans were instalments rather than an actual payday loans.

 

To help their investigation I sent them a copy of my Noddle credit report, some screen shots from my Experian report showing late payment markers and mentioned my loans with QQ and PTPD at the same time. Thought it would help

 

The 8 weeks were up yesterday but received an email this morning, upholding my complaint for the payday loans, but not the instalment loans, which to be honest I can see why. However they have refunded on the interest from loan 10 through to my last payday loan. I made it out to be around £4.k but with 8% added they offered just over £7k. I have an outstanding loan of £225 so they paid that off from the refund. I got my email this morning, replied straight away with my bank details that they asked for. The money was in my account today, although in a number of separate payments, most of which were £700. I guess this is the highest amount they lend for a loan so that the most they can pay in a transaction

 

This money has helped me pay off a loan that was in arrears and catch up with my mortgage which was 2 months behind. For the first time in 6 years I can breathe again. many thanks to all that offer their help and experience

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Wow what a fantastic result, well done jon, your success will be fantastic encouragement to others in a similar position

 

Maybe a small donation to keep us going 😀

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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