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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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    • 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.

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      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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Threatened with debt collection agency.....


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In 2011 whilst awaiting a redundancy payment from my previous employer I received a payment of £3600 into my bank account.

 

As I had been waiting almost 6 months for my payout,

I assumed this was some sort of interim payment and used it for living expenses as I was unemployed.

 

After eventually receiving my full redundancy payment,

it became clear that the initial £3600 payment was made in error by my previous employer.

 

I arranged a payment plan and have dutifully paid this initially at a rate of £40 per month reducing to £20 per month when I submitted a new RFI due to a change in circumstances, ever since,

 

In January this year, my previous employer changed their bank details without informing me and I was therefore unable to make payments.

I had initially assumed that the problem was with my bank and even spoke to my previous employer regarding the matter in May, but they still didn’t inform me of any change of bank details.

 

I heard nothing more until I recently received a letter from a debt collection agency for the recovery of the entire debt (£2000).

I have contacted the sundry debts manager for my previous employer who has agreed to put the recovery action on hold until 28/9 and asked me to complete an RFI from.

 

I have done this and offered to pay the full amount of missed payments and reinstate my £20 per month payments.

They have stated that they now wish me to pay £40 per month and despite lots of emails back and forth are unwilling to accept anything less than this.

 

I don’t want to incur any debt recovery charges but am incensed that it was their neglect to inform me of a change of bank details that caused this and now they are demanding a higher amount each month.

 

Do I have any rights?

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You won't incur any debt recovery charges, as there is no legal basis.

 

You don't have any obligation to pay more than you can afford. So you should tell your former employers it will be £20 a month or if they find this inconvenient they can write the amount off.

 

Your former employers won't take it to court, if you pay them the £20 a month. You can ignore any debt collectors letters or phone calls. Just tell them you are happy with the £20 a month.

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debt collectors - no powers just collectors on behalf of owners on commission if they do collect, They cry when ignored by people who get told the facts as their rattle has been thrown out of their prams and the Xmas party off due to no collections, they do not own any debt - end of.

:mad2::-x:jaw::sad:
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do you have the new bank account details? If not dont pay the dca, they ahve no interest in this and tell the ex-employer that they are failing to mitigate the debt by refusing to keep to an agreement.

Also, going back in time they could have corrected this error of overpayment when they paid out the redundancy and as you thought the origianl payment was part of this you could ahve claimed the payment was estopped but as you have accepted repayment terms the debt could well be wiped out if they try and refuse the payment. In short, you hold the better cards so dont put up with nonsense.

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