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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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      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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2014 CTAX already paid.. now bailiffs back again for the same debt!!


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January 2014 , was eventful ,

 

Had an early morning call from 2 from rundels (?) .

 

Asking for my other half regards Council tax (Unknown luggage from a previous)..

 

They claimed to have a warrant of Committal to Prison, which I asked to see, ,

They refused ,

I Laughed at them as I only believed the police had the power to arrest .

Asked when issued and was told a court date we were not informed about..

 

Cut a long story short

THEY ended up calling the police,

 

She was taken and then transferred at the first op to a local prison.

 

Everyone pulled together and got the debt paid completely...

 

Fast Forward same time of year she gets a letter From a firm called Dukes demanding payment for year 2013 -14 .

 

Council refuse to listen,

even though she's disputed it has paid £40 monthly as she said she would to them .

 

Can anyone help drafting a letter to both to get them to back it up.

 

After they way they took pleasure in watching me be able to do nothing

I made myself and her a promise there will be no next time . Period.

 

Thats what worries the other half..

Last years bill was paid in full..

 

Thanks in advance to All replies

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In 2014 after that fiasco all we were informed arrears were cleared

( All arrears had to be cleared before partner was released ).

 

2018 they're demanding we pay 2013-14 again..

 

Council are refusing to acknowledge any form of mistake or listen to any form of reason .

 

Just need a few pointers putting a letter together.

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Here is something to be getting on with.

 

First of all establish from the Council how much was owing etc

You need to speak to someone at the Council and ask the following questions:

.

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

.

.

Next you need to send off for a breakdown of the charges the Bailiff applied.

Here's an example, use and ADAPT at will and best sent initially by email

backed up by a copy in the post.

..

"From:

My Name

My Address

.

To:

Acme Bailiff Co

Bailiff House

.

Ref: Account No: 123456

.

Dear Sir

.

With reference to the above account, Can you please provide me with a breakdown of the charges.

.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificatedicon at.

e - the date of the Certification.

.

This is not a Subject access requesticon under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

.

I require this information within 14 days.

.

Yours faithfully

.

Ripped off customer"

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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For council tax it's not unusual for debts to be still be chased after this length of time but,

as above, only the council can give the full position and history.

 

There are numerous reasons why a charge for the period could be due

- an error, a retrospective adjustment to the charge etc etc.

 

It's always a pain trying to sort these sorts of cases without the council's information

but they should have sufficient to be able to explain their side of it

- whether or not this give a good answer or not..

 

. In some ways it's good that it's only back 4-5 years,

when I was working in council tax it wasn't unusual to have to go back that far, and further.

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