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    • Other entity? Does another creditor have security on the property?
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    • thanks ae - yes  I understand the claims are between me and the lender.  But with regards to the order for sale the judge specifically said it is the receiver who is appointed to sell - and he hasn't/ and isn't - which is why I am asking if I can apply to the court v the receiver for an order for sale right now?   The receiver is not part of the current proceedings heading to trial.  But he is responsible for selling the property - and he has consistently rejected offers over >5y.   This is specifically why I would like to understand if I can apply to the court to enforce the sale by the receiver??? As above - The judge has said otherwise the order for sale v the lender has to be dealt with via the trial.  Which they have deliberately delayed via the adjournment. Valuation is an issue. The lender chose the valuer.  I paid but his report basically belongs to and is referred to by the lender.  He did a prof valuation without doing a site visit.  He had done a site visit 5 months earlier for different potential lender.  The 1st valuation he erroneously wrote in his report as fh.  He just did a re-write 5m later - but wrote in his report that the value was the same for lh. I had a great offer on the table from a niche buyer which would have cleared the loan and given me a lot of £s.  But the lender rushed through the repo and the buyer got spooked and ran.  The lender then slashed the price by 30%+ from their valuation (fire sale price?).  As you suggest - they fully expected potential buyers to quickly grab the property at such a discount.  But it turned out they couldn't.  The market had dropped anyway. Then covid hit.  Every potential buyer was questioning the valuation (which clearly was wrong but the lender had accepted).  The lender and receivers actions have eroded the equity.  This wouldn't make sense to any normal lender.  99.9% would have just sold to the 1st buyer willing to transact.  The lender/ receiver had such a willing buyer on day 1 of marketing.  But they spent 15months trying not to sell to them.  As I said, disclosure shows the ceo wanted (wants?) to keep it for himself - so common sense didn't (doesn't) prevail.   The lender has made a £ Claim v me.  I am disputing it because I maintain it is their actions that has caused the erosion of equity/ a debt to accrue. The lender's problem now is that they have spent so much money and added so much interest over 5y that they cannot sell the property for what they need/ want.  They are trying to blame me for this.  But it is their fault; not mine - because I am not in possession or in charge of selling it. As I also said above - if there is some legal reason why I cannot make an application to the court for an order for the receiver to sell - then can I ask the other entity which has a charging order and threatened to do so ???  I will contact this other entity only if I can't make an app to sell v the receiver    
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CRS-Xercise 4 Less


Saif212
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Hi,

I have a problem with Xercise 4 less due to me cancelling the dd after the 1st month.

 

I didn't read the terms and conditions of it being a 12 month contract which resulted in them asking for £65 of admin fees.

 

What do I know do as they want £300 and are threating to add more.

 

I have cancelled the membership with the excuse of being redundant which is true since I'm 16.

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you are a minor

they cant do anything to you.

ignore everything.

 

a DCA is not a BAILIFF

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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Hi Saif and welcome to CAG

 

Thanks for posting on the open forum as I asked.

 

1. Did you sign up yourself and give you own bank details for the DD mandate (as opposed to an over-18 adult giving their bank info to pay the gym).

 

2. Did you make the gym aware that you were under 18; or did you fib about your age; or did they not ask about your age.

 

You have no need to respond at all to any demand from Harlands/CRS until we know more info.

 

They cannot do anything and can be safely ignored.

 

We'll give further opinion when we know more.

 

:-)

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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Thanks Saif

 

You were wrong to fib about your age but the gym failed to exercise due diligence by NOT seeking proof of your age at the time of joining.

 

Letter to Harlands/CRS and get free Certificate of Posting at the PO when sending this :-

Dear Harlands,

 

I refer to demands from you and can confirm that the I was a minor when I started using the gym. No verification was sought about my age by the gym staff even though I was 16.

 

I never realised, and was never told by gym staff, that this was for a 12 month membership agreement. That is why I cancelled the DD mandate.

 

In any event, the gym and Harlands/CRS cannot hold me responsible due to my age. If you continue to make demands I will make formal complaints to the relevant authorities.

 

Yours sincerely,

 

Saif

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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Thanks !:-)

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  • 4 weeks later...

no they haven't

read it properly

doesn't say WILL anything

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 don't do court, ignore them, and please 'forward' those silly text messages they send to 7726 (Spam on your phone keypad), above all else, ignore them.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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As others have said, you've not read the letter properly.

 

It will be full of "we may" or "if we obtain a CCJ". They'll take NO court action !!

 

If you want to take a slightly more pro-active approach, simply write to Harlands saying :-

 

Dear sir or madam,

 

I refer to your letter of xxdate containing threats, including court action.

 

I require your written reply that you will take such action despite my being just 16 years old when the gym signed me up.

 

Or I require your written confirmation that you will stop harassing me for payments.

 

Yours faithfully,

 

Send to Harlands address using RM Signed For delivery and keep the receipt.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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