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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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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DFS Supreme Sofas Peeling


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We purchased 2 Supreme leather sofas from DFS in November 2016, and within 12 months the painted coating on the leather had removed from several areas at the seams, mostly on the side of the seats which are seldom used or areas that do not come into contact with the person sitting on them. We reported the problem to DFS and they sent out a DFS manager whom cleaned the areas and repainted them with touch up paint. The workmanship was very poor, the colour of the paint was not the same shade and the repair lasted no more than 5 weeks before it had worn off.

The problem with the painted coating coming off has progressively got worse and now we have the paint peeling off one of the head rests. As the 2 year guarantee is up this November we contacted DFS again to come and see the problem.

To keep this story short DFS has said that the painted coating on the seams is due to abrasion and the leather peeling on the headrest is from oils/grease from the scalp. After several telephone calls, emails and letters requesting a refund (reasoning that leather shouldn’t wear that quickly in these areas and not being fit for purpose if you put your head on the head rest), the current position is that DFS are saying that my rights to a refund or replacement ceased after I had these sofas 30 days, but they would come out and touch-up the paint as a goodwill gesture.

We have since gone back to DFS and offered them an opportunity to repair the sofas, but with the following guarantees;

  1. The work is carried out by a professional repair person, as the repair carried out previously was unacceptable (different shade, poor, and lasted approximately 5 weeks)
  2. The paint/dye is mixed to correctly match the colour/shade of our Sofas.
  3. The paint/dye is applied in the required number of coats to the correct thickness.
  4. The repair areas are sealed after coating.
  5. The repairs are guaranteed for a minimum of 1 year and any other areas of the Sofas that show similar signs of peeling in the next 3 years will also be repaired free of charge to the same standard.

Early indications are that they are not going to agree to this and also not give me any guarantees.

Since researching leather finishes I have discovered that these sofas are pigmented leather (painted and lacquered) and that oils from the scalp can cause peeling. As putting your head on the headrest is a natural thing to do and as I was never told this when I purchased the sofas, can I request a refund or replacement under them being not fit for purpose? The sofas have been cleaned exactly to DFS’s requirements (dry wipe once a week and a 6 monthly clean with the leather cleaning kit supplied by DFS.

If DFS are not going to budge on their goodwill gesture, I would like to take this further and I am prepared to take it through the small claims card, but I am not sure if I have a case. Does anyone have more details on similar cases that have successfully gone through the small claims courts that I could cite in further correspondence to DFS?

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