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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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A+L Bank Account now Santander


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hi

 

after going through my statements for my court bundle, i noticed i had missed a charge from last year ! and on this month ,cos i went overdrawn by a few pounds, i have incurred another £75 of charges !! god they never stop do they ?

 

has anyone amended their claim at this late stage? ( my bundle has to be in soon) i dont know if its best to amend my claim after my bundle has gone in, or make another claim when this 1 is sorted, as by then ill prob have another few hundred pounds to claim 1

 

thanks

 

gaz

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hi try and keep to one thread if you can :)

 

there is a form to change your claim - but I am not sure if you can do it after bundle is completed - i think it costs £35.00.

 

try and find out if there is anything on Michael brownes a-z index which I have referred to in other threads.

 

Jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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i am in exactly the same boat, the t******* s****s( at least dick turpin wore a mask) have charged me £34 for a failed direct debit of £11. i am going to include the letter stating it in my court bundle. since i started my claim in the court i have accumulated a small amount that i will be making another claim for

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yes

i think ill make another claim, fingers crossed- it will be so much easier next time. you think they would sort themselves out rather than keep risking interest and court charges

 

gaz

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Hi max2001. You'd be advised to edit your post above as the CAG frowns on use of language that could be considered libelous - it could get them into trouble.

Don't worry, we all have our own way of thinking of the banks, so there is no need to be graphic, just a few ***'s will convey your feelings just as well. 8)

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  • 8 years later...

FWIW that appears to be enforceable

though strange the default fees are not £12.

as Fsa [now FCA] ruled on that in 2006

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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where are the T&C's

again the charges are wrong by FCA rules

 

so who says that's enforceable?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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court charge?

 

 

there should be pages of T&C's with a CCA return.

 

 

were there any?

 

 

can w just confirm

this debt is still being paid to satans bank

not a DCA?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What i meant was you said "who says thats enforceable"

and i was saying in reply i dont know if it is or not but i wouldnt risk them taking me to court over such a thing

(what i assumed was a small thing)

 

no, ive shown any paperwork ive received,

1 reply had just 2 sides of a4,

1 had 4,

1 had 3 which was the creation one

 

yes this debt is being paid to Santander according to my payplan account

 

Creditor History

Creditor Name Account Name/Number Date Transferred Abbey Plc

07/09/2010 Abbey Plc

21/09/2012 Alliance & Leicester Personal Finance Ltd - 2nd Charge

21/09/2012 Santander UK Plc

15/03/2013

 

 

....

 

Creditor History Creditor Name Account Name/Number Date Transferred Santander

28/06/2010 Abbey Plc

02/07/2010 Abbey Plc

21/09/2012 Alliance & Leicester Personal Finance Ltd - 2nd Charge

21/09/2012 Santander UK Plc

15/03/2013

 

So do i need to write to them and ask for the t&c's or what?

 

thanks

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well as its still with the OC

and you are paying it

i'd let things run.

 

 

have you been getting regular statements?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yea know the feeling!

 

 

no penalty charges yet?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They can't add more than what int is stated on the agreement

Unless their t&c's say so

 

And you haven't got those

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 years later...

open

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thanks

 

so ive just had some letters come from Dryden fairfax solicitors, im not going to reply but just to jog others memories - DX loked through the paperwork i had received and he said it did look enforceable even though there were very few t&c included in their CCA reply to me

 

so should i just sit tight until they start court proceeding -thats if they do?

 

thanks

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Still paying?

Still with satans bank?

 

What are these letters??

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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not paid for about 4 years now, i still get letters from Santander regularly though

 

the letters basically say " we aresolicitors instructed by our client, to obtain repayment of xxxx ..... or to take appropriate recovery action"

 

reply by early Feb

 

i assumed that as Santander hadnt been chasing me for 4 odd year that they knew their CCA docs wasnt as required for  court action

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