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Other entity? Does another creditor have security on the property? -
By Alvinsmalvin · Posted
Hi, I sent my witness statement over. I believe I am waiting for hearing date now. Seems to be really dragging on -
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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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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
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We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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