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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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    • 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.

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Access to the Property by the Landlord


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Access to the property by the landlord

 

The landlord has the right to 'reasonable' access to carry out repairs for which s/he is responsible, but s/he should always ask for the tenant's permission, and should give at least 24 hours' notice (s11(6) Landlord and Tenant Act 1985). If the landlord wants to enter the property for any other reason, for example, to show round a prospective purchaser, s/he can only do this with the tenant's agreement. The tenant is fully entitled to refuse his/her permission if the date/time is inconvienient. The tenant should not refuse without good grounds, as it may cause a breakdown of relationship with the landlord.

 

The tenant has a right of quiet enjoyment of the tenancy. This means that s/he can occupy the premises without being disturbed by the landlord or her/his agents. Quiet enjoyment is an implied contractual right whether or not it is written into the tenancy agreement. A licensee does not have this right.

 

Entering the property without the tenant's permission

 

If the landlord is repeatedly entering the accommodation without the tenant's permission, s/he is committing a civil offence because:-

• s/he is in breach of contract, because s/he has broken the implied term to allow the tenant uninterrupted use of the accommodation. This is known as breach of quiet enjoyment; and

• s/he is trespassing on the tenant's premises.

 

Any action taken by a tenant or licensee may antagonise the landlord and cause her/him to take steps to evict her/him

 

The tenant should initially try to negotiate with the landlord. In some cases, it may be advantageous for the bureau to negotiate on the tenant's behalf. The tenant may be able to judge whether the landlord would react more positively to an approach from the bureau.

 

If the landlord continues to enter the accommodation, the tenant may wish to change the locks. S/he should take care not to damage the door and should keep the old lock and key, as these are the property of the landlord. Alternatively, s/he could just change the barrel of the lock. The tenant does not have to give the landlord a key, but s/he must continue to allow the landlord reasonable access to carry out repairs.

 

 

A tenant could also be advised to contact the local council's Tenancy Relations Officer (TRO) (also sometimes called a tenancy liaison officer or a tenancy harassment officer) if there is one. The TRO will usually be based in the local authority housing department or the legal department. The TRO is responsible for dealing with private sector tenancy disputes and should try to sort out the problem by negotiation.

 

If there is no TRO, or s/he will not help, or is not successful, the tenant can go to the county court to get an injunction to stop the landlord entering the accommodation without permission. S/he could also sue for cash compensation if the landlord has caused any damage to her/his property or if s/he has suffered any shock or distress as a result of the landlord's actions. S/he may be eligible for publicly-funded legal services.

 

Harassment

 

If the landlord is entering the accommodation so often and at such times that the tenant no longer feels secure in her/his own home, this could be interpreted as a form of harassment. Harassment is a criminal offence and the landlord could be prosecuted. There are also civil remedies to deal with harassment.

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