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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      
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    • 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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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advice needed with brighthouse please


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hi guys,

 

here is my problem i signed up with brighthouse around 6 weeks ago for a baird 32'' tv (with freeview and hdmi ports) which i saw in my local store but unfortunatly this one had been sold so the sales women who was signing me up phoned numerous stores to see if they had one in thier store for me which i just presumed was exactly the same as the one that i originally went in for, anyway took almost 3 weeks for my references and tv to be delivered which in the mean time of me waiting i was paying for, once i received the tv i couldnt use it as it didnt have a power lead supplied with it, the remote was not the original and a compartment cover was missing which is used to hide the cables behind the tv, i immediatly phoned brighthouse and made them aware of this matter, they said that they would search round for the missing parts i phoned at 11.30am by 4.30pm i hadnt heard nothing so i decided to ring back they said that they had found a power lead for me but i needed to go down and pick up so i made my way down and picked up the lead and informed them that i wasnt happy at all with the tv as i wanted one with freeview and the specific hdmi ports, which i learned that they had sent me the older model to the one that they had in my local store which was sold when i originally went in, anyway whilst in the store me and my partner saw a much better tv which came with the requirements we needed i asked if i could change the tv for a different model and i showed her the one we wanted which was a 37inch philips and once again this one had been sold that day, so she said she would ring the service centre to see if they had one in stock and she said she would ring me the following day, the next day came and hadnt heard anything from her and it was about 3pm, we rang her and she said she was still waiting to hear from the service centre, within 30 mins she phoned back saying that they had just been delivered a 37inch philips tv and that if we wanted it we would have to go down asap and sign for it otherewise she would put the tv on display, i couldnt make it down that day so i said that i would go down first thing in the morning and sign for it (this was a NEW agreement), got there and the tv she said she had wasnt on the system, the lady that was dealing with us that day said she would go into the stock room and see if she could find it so we went and did abit of shopping came back 20mins later and she informed us that she had found the tv (it was on the back of teh van) so we signed for it and made the first weeks payment....we got a phone call the next day giving us a day when the tv would be delivered/old tv picked up, the day came (today 30/07/08) we put on cbeebies for my 2yr old son which he hasnt watched for weeks and his face lit up when we put it on only for it then to all of a sudden the screen went black but there was still sound coming through we pressed the tv menu button and you couldnt even see that the tv looked as if it was just switched off but it wasnt, to get the picture back on we hadto turn the tv off then turn back on even then the picture would be on for about 10 seconds the picture would go light then dim then go black again, we tried putting the xbox on which to my amazment worked fine had that on for about 4 hours and not a problem it is only when we try to watch digital/analogue tv that it happens, my partner phoned brighthouse straight away and once again made they aware of the problem they said they would call the service centre and that the service centre would ring us back which they havent done so we constantly rang the store, they eventually said that they would get an engineer out to us we asked how long it would be before he came out, we informed them that if they didnt come out to it tomorrow then we would be cancelleing the contract so they put the repair to priority which she said they would be out tomorrow, my partner has spoken to his dad who is fluent in high electrical goods such as tv's and he said that the tv is beyond repair he said the best place for this tv is the skip only.....the advice i need is whether i should let the engineer take the tv or tell bright house we either want a replacement that day or we are cancelling the contract with them, there is no way that i am entering into another new contract just to lose money again, im confused on what to do, im also confused on that there is a sticker on the back of the tv stating that it was repaired on the 22/07/08 which was 8 days ago so they obviously havent fully tested the tv after repair, i am not prepared to lose more money as from the word go its been there mistake on both tv's i would rather get my money back but is this possible we have so far paid £70.02 to brighthouse and never received what we ordered and when we did it was faulty,

 

sorry for the life story i just thought that if i explain from start to finish you can understand my situation more, than to a brief description

 

thanks guys

Clair

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Hi Clair welcome to the site.

Seems you have had a bad deal and I cant say I am suprised after reading loads of similar things about these ppl within these forums.

I dont think it needs to be said that you have been messed around-I am not too familiar with their contracts but no way should you come out of this with nothing less than satsisfaction-theres a Brighthouse poster here who I am sure will tell you what the best options are-if you look at other threads you will know who I mean.

keep us posted.Remember to keep a log of everything-Its not to early or too late to put something in writing yourself either.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...

Reject the TV under the SUPPLY OF GOODS ACT (IMPLIED TERMS) 1973 and insist on a refund of all payments made.

 

Now then... How easy was that! :)

 

 

 

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

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