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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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Insurance premiums


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Hi All,

 

I was unlucky enough to get my first points for speeding, now luckily because I've been on the roads for a very long time and my no claims is bonus is very high.

 

I had to contact my insurance to advise that I had been done for speeding and that my license was now endorsed.

 

I could hear the hands of the insurance person rubbing his hands, but effectively my premium has gone up by £50. so not a huge amount.

 

the question or view is why on earth do insurance have this power of penalising you like this? surely its unfair to do that.

 

I have a few friends and colleagues who are from the continent and all of them said that points have no bearing on your insurance premiums. what is the catalyst is obviously if you have an accident or cause an accident.

 

what give the right to insurance companies in England to rob us blind just because you have been given points, why is it a fairer way of attributing risk?

 

if you are 17/18 and you get your first points, then I agree that its shows risk, but if you loyal customer who's been giving you business for the past 11 straight years.. feels wrong to me that they still blatantly, apply such a draconian approach.

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you haven't been penalised for the points,

you have been penalised for the laws of physics that says the kinetic energy of a moving object increases as a square of the increase in velocity.

In short people who speed do a lot more damage when they crash.

 

You say this was because you were unlucky.

That suggests that statistics on the number of speeding events you have committed have led to a very small number of prosecutions hence the idea that somehow being caught was an unlikely event.

 

Well, insurance companies use statistics and very big computers to crunch the numbers so they know that for a certain number of idiots speeding without being caught a percentage of them will crash into something or someone causing them a loss.

 

They then weight the premium to reflect the odds of them having to pay out.

 

Most people who get done for speeding learn a lesson and that is what the punishments are designed to do,

 

adjust behaviour rather than punish just for the sake of it.

 

Some recidivists never learn though so take a step back and consider what you need to do in the light of all of this.

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laws of physics and kinetics, I'm impressed.

 

surely, as you say, if insurance crunch the numbers they should be aware that if I was careless character then I wouldn't have waited this long to collect my very first penalty,

 

what I find that lacks cohesion is that seems in the continent they don't follow the same standards

- surely with insurance companies being global as they are..

I wonder why the UK has a less than orthodox approach to insurance premiums.

 

in light of all of this, to paraphrase

- I don't think its fit for purpose.

 

I'm lucky enough that I my premium is low

- but for some others they could be put in some hardship.

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In Sweden they are fairly relaxed about using phones whilst driving maybe we should follow this as well

 

The hardship issue is what is used to try and combat peoples behavior behind the wheel, there is no doubt that speeding is dangerous.

 

I am sure that when people have been caught speeding that wasn't the only time they exceeded the speed limit, that may be the only time they got caught.

 

So crunching the numbers wont work on this.

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what a ridiculous reply

- hardly worth it

- it seems that only in the UK this is a factor.

 

my point was the 2 weights and two measures.

 

soon we will groan on how insurance companies will raise the premiums because we are no longer part of the EU..

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In Sweden you get fined a proportion of your income for every kph over the limit your go.

One chap got a fine of a quarter of a million quid for going about 10 kph too fast.

 

Fines are supposed to be deterrents

so Spain used to use different methods of deterring speeding motorists,

they used to take you go and look at the mangled bodies in accidents to try and make the errant driver actually see the consequences.

 

The requirement of insurance differs from country to country as well,

in Germany you insure the car and anyone can drive it,

 

here we insure the car and the driver and people get charges twice if they have 2 cars despite the fact they can only drive one at a time.

 

The insurance companies have some odd algorithms for calculating insurance, that is why they ask about what you do for a living.

 

they also whack up the premiums of anyone who gets shunted from behind as it is statistically more likey they will be involved in an accident that is their fault within the next year than someone who hasnt been hit by someone else. Reason is driving style.

 

You might think it unfair but the figures support it.

same with drunk driver, speeders etc.

 

you might only get caught once but look at the stats for those done for DUI more than once, people who have more than 6 points etc.

 

We have a damned sight more claims in this country per head of population as well, and the value of a second hand car is lower here than anywhere else so more write offs and bigger bills.

 

We also have more cars on our roads than anyone else per head of population and per mile of road

 

In Sweden they are fairly relaxed about using phones whilst driving maybe we should follow this as well

 

The hardship issue is what is used to try and combat peoples behavior behind the wheel, there is no doubt that speeding is dangerous.

 

I am sure that when people have been caught speeding that wasn't the only time they exceeded the speed limit, that may be the only time they got caught.

 

So crunching the numbers wont work on this.

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I don't know where people are looking to find information or how they are forming their views

- but I looked for some official material on these premiums issue, since I had some free time.

 

Unfortunately for the insurance industry,

the Office of Fair Trading has looked into reasons of high insurance premiums,

discovering that there may be more than a few discrepancies between how much insurers claim it costs to actually insure a driver and all the potential variables including the reasoning offered while a driver has points or not.

 

In fact,

thanks to many complaints made to the OFT about possible price gouging occurring in the insurance industry,

it recently decided to refer the entire industry to the Competition Commission.

 

The Commission is now running its own,

independent investigation into how much it really does cost to insure a driver and how much insurers are charging customers.

 

If there is indeed evidence of price gouging,

and I hope they find it for ONCE it could spell very bad news for car insurance companies,

as they could face consequences;

 

it could lead to some relief for all the nation’s drivers,

considering how the system unfairly penalises

 

Also calculations or not,

the system is not set up in a fair manner.

 

all its designed for is to use variables that disproportionately in favour of the insurance company and brings no benefit to us drivers.

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