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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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Access issue with Brittany Ferries


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CEO Brittany Ferries

 

Mt Christophe Mathieu

 

Brittany Ferries

Millbay

Plymouth

PL1 3EW

 

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It seems to me that Brittany Ferries are assisting you all they can but the loading crew seem to ignore requests from management. Unfortunately, with the Bretagne being the oldest of the fleet (1989), there's not much they can do regarding easier access. Some of these powered wheelchairs are rather large which makes it difficult to access the ship compared to a standard chair. Fingers crossed when the new ship comes into service and vessels moved around, you may get Pont-Aven to St Malo.

 

Perhaps someone else could drive on board for you and you used the foot passenger route to board the ship?

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It seems to me that Brittany Ferries are assisting you all they can but the loading crew seem to ignore requests from management. Unfortunately, with the Bretagne being the oldest of the fleet (1989), there's not much they can do regarding easier access. Some of these powered wheelchairs are rather large which makes it difficult to access the ship compared to a standard chair. Fingers crossed when the new ship comes into service and vessels moved around, you may get Pont-Aven to St Malo.

 

Perhaps someone else could drive on board for you and you used the foot passenger route to board the ship?

 

Brittany Ferries are most certainly not assisting as much as they can, and the issue is not with my wheelchair, which is actually smaller than a manual chair. If we're parked by the accessible lift, there's no problem, it's actually one of the better ships for access, but we shouldn't be having to argue with the loading crew every time before they (usually) park us there. All Brittany Ferries have to do is tell the loading crew that the needs of passengers must come before their convenience and that would be the end of it, but they simply won't do that. Quite apart from any other issue, expecting anything on wheels to navigate a tight turn in narrow corridors at the head of a staircase is inviting an accident. I doubt it's coincidence that when travelling from France to the UK so that loading is from the opposite direction, all assistance vehicles are automatically parked by the 'safe' lift.

 

We used Pont Aven a couple of times last winter whilst she was covering this route. On both occasions the loading crew parked all the disabled vehicles in a long line between two lifts, one of which was out of order, waited until we'd all left the car deck and then parked all the other vehicles so close around that no one could get back to their vehicle the next morning. Another passenger posted a review on Tripadvisor which described the loading crew directing traffic around my wheelchair rather than wait 30 seconds for me to get out of the way, so no, I don't hope we get Pont Aven.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I usually use Brittany Ferries when I go on a booze cruise (usually one per year) and I can say that the loaders pack everyone in the loading decks as tightly as possible so for someone in any form of wheelchair, this presents problems. There's usually only room for a single file of people so how can a wheelchair move along the row unless a disabled car is placed at the most accessible place which would obviously mean that they are placed nearest the disabled access.

 

 

The thing is, before loading, traffic is directed to a waiting area and form up in little neat lines. what is the problem with having a dedicated line for disabled travellers? Once some vehicles have been given permission to drive on board, stop other traffic and let the disabled drive on which would put them nearest the access they need. Not rocket science is it?

 

 

 

Having said that, I have found the staff on board generally pleasant although I have rarely spoken to the loading crew. Having read your tale of woe, I would have ended up arrested for physical violence. I can't stand poor performance!

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Absolutely, the point is that it is possible or we would never have been parked by an accessible lift. We and everyone else admit it's more difficult to park a specific vehicle in a specific place, which is why the loading crew don't like it. One argument is that it might hold up departure - we were arguing for at least 15 minutes last time during which loading on that deck came to a complete halt. The ship still left 5 minutes early. If they'd just done what they should in the first place, it would have been at least 15 minutes early.

 

Unfortunately for Brittany Ferries I have official opinion that making travel on my chosen route this difficult amounts to refusing to carry me on that route and the only get out clause for that breach of the EU regs (similar to the ones for airlines about assistance etc) is that it is impossible, not just difficult or inconvenient, and since it has been done before obviously it's not impossible.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Just been contacted by my local paper. Disabled access on public transport is apparently big news at the moment and something other than being stranded on trains or planes seems to be attracting attention. I don't think it'll be on the front page, but hopefully some of the nationals will pick it up as well.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Our tweeting seems to have had an effect :wink:

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Brittany Ferries' legal department have contacted me - late on a Friday afternoon, again. In fact, 26 minutes before their time limit ran out.

 

At first glance it appeared to be a win, at second glance there are still a few issues, not least that we suspect that option 2 (drop me off at the accessible lift, go back to pick me up when we arrive) or option 3 (park us by the inaccessible lift, offer the onboard chair to get me to the passenger decks) will actually become the default option rather than option 1, which is of course to park us by the accessible lift.

 

From experience, even if they genuinely believe the loading crew will somehow now magically do as they are told, it won't last. We'll maybe get one or even possibly two crossings where there's no arguments and everything goes smoothly, then we'll be back to square one and all this hassle will have been completely pointless. I almost wish they hadn't contacted us as I would have then been able to go to ABTA and any solution from there would have had to be permanent.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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From experience, even if they genuinely believe the loading crew will somehow now magically do as they are told, it won't last. We'll maybe get one or even possibly two crossings where there's no arguments and everything goes smoothly, then we'll be back to square one and all this hassle will have been completely pointless. I almost wish they hadn't contacted us as I would have then been able to go to ABTA and any solution from there would have had to be permanent.

 

Except, when it fails, it shows they could (and initially, did!) make “reasonable adjustments”, and (though they weren’t ideal!) you were reasonable in trying to make them work.

You record events each time going forward, and when they fall back on their old ways you show you trying to use a reasonable adjustment, and them failing to deliver it in practice.

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