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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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Been Delivered a Package intended for Someone else.***Resolved***


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Good morning, hope I can receive some advice on my next steps.

 

On Friday 28th September I received two large packages (as expected) I signed for them and as I was taking them back up to the my flat I suspected something wasn't right.

When I checked the labels noticed that one package was meant for someone else. I immediately checked online for a contact number (which turned out to be for the local depot). I rang them to explain and gave the details. I was assured that they would contact the driver and ask him to return to collect. About 4 hours later I had heard nothing so I called again and I was told that the driver was aware and would be with me once his deliveries for the day were done. No one arrived.

I left it for the weekend as I was busy and called first thing Monday morning and was told that they would contact the driver and asked if I would be in all day. As I was off work and had no plans I was. Again no driver arrived. I sent an email off and also contacted them via Twitter.

Tuesday (yesterday) I again contacted them and was told the same as Monday. I decided to try the "Contact Us" number only to be put through to another depot and be transferred to my local depot who advised me the driver on my route had finished for the day and that they would ask him to make the collection today by leaving a note in his pigeon hole.

I'm not holding out much hope on someone turning up today and need some advice as to take this up a notch.

 

For information the supplier of the goods are also chasing the courier as to the whereabouts of my missing package and are going to be sending a replacement out today if they have no luck. The wrong package is currently in my hall and is fairly large and bulky so I can't put it in my car and take it to the correct address or back to the depot!

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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Not your problem.

You have told the courier in writing and sounds like you told the sender as well.

I would write one last email to both of them giving 7 days to collect.

If they don't comply, dispose or keep the goods.

Most likely they've already been refunded the money by the courier insurance.

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Whilst the temptation in such a situation is to deem that the goods have been abandoned and simply dispose of them, there are statutory obligations that must be followed. Pursuant to the Torts (Interference with Goods) Act 1977 (the Act), the person in control of another person’s goods, the involuntary bailee:

 

If you find that you have become an involuntary bailee then in order to deal with the bailor’s goods it is necessary for you to serve the bailor with a notice. This notice must set out the following information:

 

1. Your name and address;

 

2. A description of the goods which you have control of;

 

3. The address where the goods are being stored;

 

4. State a reasonable period in which the bailor must collect their goods (i.e. 21 days);

 

5. State what you intend to do with the bailor’s goods should they fail to collect them within the period provided (see below); and

 

6. Your contact details so that the necessary arrangements can be made.

 

In order to serve the notice you must take reasonable steps to locate the bailor. What would be deemed as reasonable will depend upon whether you intend upon disposing of or selling the bailor’s goods.

 

Andy

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I emailed the sender of the package, after much Googling.

They have now managed to arrange a collection, after three phone calls from the courier to confirm the best day and the address that the collection can be made. So hopefully my hallway will be clear by the end of today.

Thanks for your help all.

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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Just to let you know that everything has now been resolved. Shame that I had to resort to contacting the suppliers directly rather than letting Tuffnells sort it out themselves. Thanks for your help all!

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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Well done...thread title amended.

 

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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