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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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refused voluntary redundancy -i dont want the job i want the payout


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Hello

I was put at risk of redundancy ,

the letter said they would consider volunteers but no guarantee,

 

 

was intending to leave later in the year i volunteered .

had a one to one with the director and said i was interested ,

have worked there for over 10 years so the payout was considerable and would help with my new venture .

The request was refused.

 

 

There are 2 positions and 4 people ,

have un offically been told one of the roles is mine even though i said dont want it,

was un offically told they want me to take the job as if i dont they will be forced to give it to one of the people they want to get rid of .

have a very good relationship with the director who said if i stay until all the dust settles

he will try let me leave before the 3 months notice is up maybe 2-3 weeks early but this wont help me much .

 

The whole thing stinks tbh

why offer someone a job who has told you they're intending to leave ,

also i will have to put in my notice during the 45 day redundancy consultancy period and not sure how that would work .

 

i have not spoken to HR yet as this will cause issues but im seriously considering going to Hr .

Need some advice please asap .

 

Thanks

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If you are choosing to leave rather than being forced to leave, it may prevent it being redundancy.

If they are offering you the job to avoid having to offer it to someone they don't want : it isn't redundancy for you (but might be for the unwanted individual!)

 

By all means "seriously consider going to HR". If you tell them you want to leave by choice, and it isn't a voluntary redundancy offered by (& agreeable to!) the company : you can resign and they avoid having to pay you redundancy!

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You are caught in an unfortunate position. In a fair redundancy process, it may well be that the cost of redundancy could be used to determine who stays, along with other criteria regarding your 'fit' to the alternative role

 

It sounds as though you might be 'too' good at your job and 'too' expensive to make redundant!

 

Sadly for you there is no automatic right to be made redundant voluntarily, and making your intention to leave anyway overly clear to the employer could see them saving on the cost of making you redundant by deliberately keeping you on

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Hello

I was put at risk of redundancy ,the letter said they would consider volunteers but no guarantee, so as i was intending to leave later in the year i volunteered .I had a one to one with the director and said i was interested ,i have worked there for over 10 years so the payout was considerable and would help with my new venture .

 

The request was refused.There are 2 positions and 4 people , i have un offically been told one of the roles is mine even though i said dont want it, i was un offically told they want me to take the job as if i dont they will be forced to give it to one of the people they want to get rid of .i have a very good relationship with the director who said if i stay until all the dust settles he will try let me leave before the 3 months notice is up maybe 2-3 weeks early but this wont help me much .

 

The whole thing stinks tbh why offer someone a job who has told you there intending to leave ,also i will have to put in my notice during the 45 day redundancy consultancy period and not sure how that would work .

i have not spoken to HR yet as this will cause issues but im seriously considering going to Hr .

Need some advice please asap .

 

Thanks

 

Because redundancy pay isn't a leaving present. The employer wants to retain the best person for the job, and that happens, it appears, to be you. Why would they want to pay the best person for the job not to take it?

 

But as others have said, in the employers shoes I'd force you to take it, then if you refuse I get to avoid any redundancy pay for you. And if you take it then leave voluntarily I still win because I just recruit to replace you, still haven't paid you redundancy and don't have to keep the others I want to get rid of. That is exactly what they are thinking.

 

I'd avoid going to HR, because all that will do is suggest this strategy to them!

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If there is a union make sure they know you want to go; they often have views on forcing people out when there are willing volunteers But I agree that legally you have no right to a pay out

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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you made the mistake of telling them you wanted to leave regardless rather than just saying you were interested in taking the golden bullet if the terms were right. You made their minds up for them and saved them the redundancy money. Their only problem is if the other person staying is also bluffing or incompetent so giving a problem when recruiting a new person for your job.

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