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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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Countdown to court case


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Hi i thought we could have a countdown to the court case as i guess the site is going to be busy with posts once the court case starts

 

7 days to go!!!

 

Feels like being a kid again waitning for christmas morning.

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The case has now been set to start on Wednesday 16th at 10.30.

 

The venue is Royal Courts of Justice (Admiralty & Commercial Registry) in the Strand.

 

The consumer group Which? is planning an anti-bank demonstration outside

the courtroom on the first day.

 

A judgement on the case is not expected until May.

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I don't want to be all negative or doom & gloom but presumably if we ( or the oft ) wins the test case the banks have a right of appeal so will we then not have to wait another 12 months+ for the outcome of that before we can start getting paid out again?

I really hope i'm about to be shot down in flames & told how wrong I am!!

I can find information that tells me there will be an appeal from either side and information that tells me there won't:?

Anyone know?

I HAVE ALL THE MONEY I'LL EVER NEED - IF I DIE BY 4 O'CLOCK THIS AFTERNOON!!:-|

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This is unbelivable, no conclusion until May???

 

Is this set in stone? why would it take 4 months to set the judgement??

 

I guess April passes the only thing i can think of.

 

Is it common for a verdict to take this long?

 

If the court case goes ahead can the banks cut a deal with the OFT while the judgement is waiting to be set?

 

The crazy thing is, the Banks say the UTCCR's do not apply to current accounts. So we should all be able to claim the charges back like with a bussiness acount leaving out the UTCCR's in the 14 day letter.

 

Anyway 9 days to go!!!

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I think 12 months would be rather optimistic I'm afraid. Assuming the OFT win, the banks are certain to appeal. The right to appeal is written into the the test case agreement but it is unclear that the waiver and stays would be lifted before any appeal.

 

Depending on the judgment, the OFT will launch a second case to prove that the fees are illegal/unlawful. I have always thought, and still think, that the entire proccess could take several years to reach a conclusion.

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This is unbelivable, no conclusion until May???

 

Is this set in stone? why would it take 4 months to set the judgement??

 

I guess April passes the only thing i can think of.

 

Is it common for a verdict to take this long?

 

If the court case goes ahead can the banks cut a deal with the OFT while the judgement is waiting to be set?

 

The crazy thing is, the Banks say the UTCCR's do not apply to current accounts. So we should all be able to claim the charges back like with a bussiness acount leaving out the UTCCR's in the 14 day letter.

 

Anyway 9 days to go!!!

 

The May judgement is the courts estimation. I don't think this is an unusually

long time and if anything I would say it is optimistic. Look how long Tom Brennans judgement took which wasn't even a case as such and was comparitvely straight forward with just one defendant.

 

The structure of the test case is such that there are 8 separate defences

for the judge to consider.

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It looks like it could go one of two ways now. Either they will wrap the case up very, very fast or they will drag it out for a very, very long time. I don't think there will be a middle ground.

 

Someone will have to make a decision on whether the benefits of refunding the charges are getting cash back into the economy outweigh the risks to the banks balance sheets in doing so. Its a tough one.....personally I think that failing to pay back the charges quickly will have devestating consequences to the wider economy. I guess we'll find out soon.........I still wouldn't discount completely the possibility of an 11th hour agreement though.

A £35 pound bank charge is not a charge for a service. Its theft.

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Heres hoping for a last minute climbdown by the banks.

Week by week people are losing money due to the six year rule.

Just imagine how much the banks have made in the last six months alone.

They have carried on taking while we could not continue getting the money they have ripped out of our pockets.Even taking benefit money-they are not bothered.I will never forget the Whistleblower program.How much will they have saved by the trial and possible appeals process is finished.They will carry on taking through it all.Will never trust banks again.Sickened.

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"Will never trust banks again.Sickened."

 

You're not alone in feeling that way. Frankly - the way the banks are going they'll be lucky to ever get any trust back. I wouldn't be surprised to see another Northern Rock style run this year if the charges case drags on. People have had it.

A £35 pound bank charge is not a charge for a service. Its theft.

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hello just been reading your thread i too have a thread abroadgirl v abbey

the oft test case starts monday for 8 days i was in court yesterday 8th jan please read what the judge said i have also put in a new thread in general about the stay and what happened i will check this thread again please do go and have a read hugs

take care

keep up the fight

hugs

abroadgirl (abg)

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I have read your thread and i guess it was to be expected so close to the court date.

 

But only 6 days to go then at least it has started however long it takes to come to an end

 

I hope as Alec says they may come to a agreement on the 11th hour fingers crossed!!!!

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I'm hoping the banks will lose in such embarrasing fashion any appeal would only delay them paying out. After that I would like to have a question style debate with the likes or Martin Lewis and representatives from here to quiz the directors of these companies on the charging structure AND the manner in which debt collection is organised.

 

Hey I like to aim high :)

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Week by week people are losing money due to the six year rule.

 

I do not believe this is the case as the six year rule only comes in to it if your lodged paperwork with the courts is outside that time frame...however if you lodge your claim today, and it takes 10 years to hear your case it does not mean the banks can say you are outside the time limits as your claim was clearly lodged within the required time frame.

 

Well, thats what I believe is the case anyway.

 

Mailman

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I do not believe this is the case as the six year rule only comes in to it if your lodged paperwork with the courts is outside that time frame...however if you lodge your claim today, and it takes 10 years to hear your case it does not mean the banks can say you are outside the time limits as your claim was clearly lodged within the required time frame.

 

Well, thats what I believe is the case anyway.

 

Mailman

 

Agree - once you've issued your claim there is no statutory bar limit.

 

10 years? Jeez Mailman, you're optimistic ain't ya?!

 

;)

 

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I do not believe this is the case as the six year rule only comes in to it if your lodged paperwork with the courts is outside that time frame...however if you lodge your claim today, and it takes 10 years to hear your case it does not mean the banks can say you are outside the time limits as your claim was clearly lodged within the required time frame.

 

Well, thats what I believe is the case anyway.

 

Mailman

Thankyou i stand corrected-i will now consider taking a few cases to the court stage and will also tell a few friends who have charges near to the six years to take the gamble.I am sure the banks are going to be given a good thrashing.Thanks again Tawnyowl.A.fine bit of information.
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