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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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      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Several parking enforcement issues


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Hi

 

I've got two PCNs from two different London boroughs and a congestion charge from TFL.

 

The two PCNs have been sent to the traffic enforcement people for a warrant to be issued. The TFL one is probably going down that road now I reckon as it went from £80 to £160 and now at £240 to be paid by last week.

 

I called the traffic enforcement people and they told me to approach the councils to ask for time to pay. Ditto TFL.

 

I tried for several months with the councils but they won't give me time to pay which is why the tickets have gone from like £60 to £128 and £173. Actually the £128 ticket didn't respond to my emails at all.

 

TFL are horrible anyway so not sure it's worth even calling them. I wasn't even aware I had entered the congestion charge zone until I got the ticket about a week later but I didn't have the money to pay for it.

 

Does anybody have any advice for me - or is anyone familiar with what might happen next. None of these tickets were intentional on my part, but it's either heat the home, buy food or pay these - well actually cannot pay these as they cost more than the food and heating combined for a month or so. I don't know whether to offer each of them £5 a month or what.

 

If anyone can advise I would be very grateful.

 

thanks

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Unfortunately, you are at their mercy. These charges never go away - they need to be addressed as soon as possible.

 

 

 

A polite request for a payment plan and a suggested amount may get you an arrangement, but you cannot force them to agree. It sounds like it's been going on for months as it is. Maybe if you explain your position to them they will agree.

 

 

In my experience councils don't tend to believe claims of financial hardship. They reason that a PCN may cost you £60 when first issued. If you then say you cannot pay £60 because you don't have it, they will tend to not believe it. They will reason that as a motorist, you must have some cash - £60 is about what it would cost to replace a punctured tyre - so they will ask themselves, if you got a puncture tomorrow, would you scrap or sell the car, since you are unable to muster the £60 to fix it.

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Thanks Jamberson, I can see your logic, but with three tickets and three separate bodies I am looking at a further £700 approx in EA visits. And I'm sure they will visit just to earn that fee income.

 

I will write to them all and see what happens. Can they force their way into your house? Are they the sort of bailiffs you see on the tv?

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I don't personally know anything about TFL.

 

If the warrants haven't been issued yet, then it's still in their hands, and the relevant Councils for the others. You mentioned emailing one of them and not getting a reply. That may give you grounds to contest that one, but to have a chance, you will need to act before the warrant is issued. Please could you post further info, eg dates of when you contacted them, etc. in relation to when they issued things to you.

 

Visits are not inevitable, even after the warrants, provided you are in dialogue and either the Councils or bailiffs (depending what stage they are at) agree a payment plan. Therefore, a chance to avoid further charges.

 

No, they can't force their way in, but their usual tactic is to clamp the vehicle, and if you don't pay, they can tow it and sell it. So, you don't want it to get that far.

 

Not sure about bailiffs on TV.

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