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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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Rossendales hassling me for a £250 approx CT debt.

 

I supplied them, through email docs, proof I'm on benefits and can only afford £10 a month.

 

I set a standing order up and it's been paying a short while.

They wrote to say according to my income I have to pay out more than I'm receiving which isn't possible therefore I must pay £50 a month LMAO!!!!

Loving the logic there.

 

I found a hand delivered letter today which state I now owe £450 (WHAT??!?!) and that they wanna take goods blah blah.

 

I've been paying £10 so will I still HAVE TO pay the extra they've slapped on?

What do I do?

Just make sure no one answers the door and...? Will they keep visiting and slapping another chuff knows how much on the bill?

 

I've shown proof it can't be paid, have no money on benefits, surely this is illegal? Wish I could take them to court I'm sure a judge would see it as bullying.

 

Incidentally the original issue didnt reach me for years (from 2012) becuase I'd moved on, wasn't registered anywhere and council claim I owe overpayment of benefits, you know that old chestnut. Irrelevant now.

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They cant

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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Ok so if the bill for CT is £250 yet they want an extra £235 every other week and it just keeps climbing, and I keep a note of when the £250 is paid off from my £10 monthly, they're gonna say ah no the CT isn't paid you've only been paying our fees/charges etc right? You can go to prison for not paying council tax that's the part I'm worried about...

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They can only charge £235 once

And no you cant goto prison!!

 

Not sure what site you are reading but its lots of ole twaddle....

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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Such a sweeping statement dx.

 

Yes people have gone to prison for non payment of CT.

However these are all people that wont pay and could not those that are struggling to pay and are paying something.

 

You wouldn't be commited to prison with your circumstances.

The £235 can only be added once but now you do owe it in its entirety.

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I supplied them, through email docs, proof I'm on benefits and can only afford £10 a month. I set a standing order up and it's been paying a short while.

 

They wrote to say according to my income I have to pay out more than I'm receiving which isn't possible therefore I must pay £50 a

 

I've been paying £10 so will I still HAVE TO pay the extra they've slapped on? What do I do?

 

It would appear that you had submitted an Income & Expenditure and decided that £10 per month was the maximum that you could repay and you then set up a direct debit for that sum. This arrangement would seem to have been made without the agreement of Rossendales. Such a low amount which equates to just £2.30 would not not usually be accepted by any enforcement company as the debt would take over two years to repay.

 

Without an agreement in place, the debt had escalated to the 'enforcement stage' and with it, an enforcement fee of £235.

 

PS: Even if attachment against benefits had been set up by the council, I would expect that weekly deductions would have been more than £2.30 per week.

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Hi Marlow I am sorry that you are in such a mess.

Some time before you started paying £10 per month you would have received a Letter of Enforcement from Rossendales advising you that you had 7 days to contact them to arrange a repayment plan for the debt. that added £75 to your debt Did you contact them or just arrange the £10 per month as that was all you could afford backed it up with them by sending proof of your financial situation?

When you read their letter stating that £10 per month was too low, did you contact them? Have you contacted the Council to let them know of your situation? Please advise us of what Rossendale and the Council said to you if you contacted them.

Are you continuing to pay the £10 and have you missed a payment or has one been paid late-even by a day or so?

 

Under the new Regulations relating to bailiffs the debtor must contact them within 7 days to arrange payment. failure to do so will result in them paying a visit which costs an additional £235. I think that is an exorbitant amount to charge but it is the Law.

 

No matter how often they return they cannot charge any extra for those visits. They will come back as if they cannot get the amount of money they want to reduce the debt, they will want to enter your property with a view to removing goods and auction them off to pay the debt and their fees. You are not obliged to let them in so DO NOT LET THEM IN-UNDER ANY CIRCUMSTANCES. If you have a vehicle outside they will attempt to clamp that instead.

There are several others on this site who can give you further advice on where to go from here. If you could kindly answer the questions I asked above, it may make it easier for them to give the best advice for you.

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It's pretty well known people can and have been sent to prison for non payment of council tax.

nope only the wont pays

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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Share on other sites

I arranged £10 a month by contacting them. I sent them emails. I'm not obliged to phone them at extortionate phone rates, I'm not obliged to give them my phone number, I'm not obliged to do jack in fact. I KINDLY decided I would ALLOW them to have some pennies. First off stated I'm on benefits, they asked for proof, so I sent it, again via email. Their precise response line to that was:

 

"It would appear your incomings are lower than your outgoings, as this is impossible we can not accept your offer of £10/month and set it to £46" (or something similar to that amount).

 

That's right, becuase you are like every other person in the country on welfare, in that you're unable to afford to live, so we will extort more from you. Vile pieces of ****.

 

Contacting the council is useless, all they say is once it's gone to debt collector it's out of their hands.

 

Not missed a single £10 payment no.

 

Well now I know they can't keep adding a fee and they can't break in they can go swivel.

 

Purely principal, if I won the lotto tomorrow they wouldn't get it.

None of it is my fault.

 

Overpayment of benefits is the governments fault, when your jobseekers stops now the local council are INSTANTLY informed so that they can stop people's housing benefits straight away too.

 

Well shame they didn't think of that 20 years ago isn't it? NOT my responsibility

. I left the property and they weren't able to get hold of me

 

. When they finally did I demanded they provide proof I owe it, using a subject access request letter. They didn't provide the proof, therefore broke the law.

Then they get the debt collector involved and so on.

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