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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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lost my court case but unable to pay. HELP ME PLEASE


yellowt5r
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not sure if this is in the right section but follows on from my "private buyer is taking me to court"

 

Hi all

 

i lost a case the other day from a buyer who bought my motorbike (private sale) i ended up owing £450,the problem is i havent got this sort of money and xmas round the corner dont help either.

 

as it was a civil matter (county court) what will happen to me i know the claimant will insist payment within 14 days as he made it loud and clear in the court.

 

even though my job pays ok it is nearly all gone each month on my house, 3 children, bills etc....

 

what can/will happen to me?

 

if i do the installments form and they are excepted by the judge can the claiment still demand payment in the 14 days?

 

thank you for any help

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try to pay 450 pound asap

you have 28 days from judgement.

if not, you will have a ccj on your credit file for six years,

if paid with in 28 days, no ccj

 

i know its no help if short but you dont want a ccj, believe me, and for such a minor sum in comparrison

 

try family if you can

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try to pay 450 pound asap

you have 28 days from judgement.

if not, you will have a ccj on your credit file for six years,

if paid with in 28 days, no ccj

 

i know its no help if short but you dont want a ccj, believe me, and for such a minor sum in comparrison

 

try family if you can

 

 

hi its 14 days far as im aware.

 

as for payment i just cant get it thats why im asking the must be something.

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thanks for the help but i was hoping someone that can tell me the process as i cant pay in 14 days.im fully aware you can do installments my question is. Is it down to the judge to decide or the claiment if the offer is accepted or not and if not what is the next level it will go to.

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You should write a full income and expenditure list and give that to the judge who will come to a payment you can afford.

 

I don't remember you asking for assistance in a defence, did you attend the court in person ?

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You should write a full income and expenditure list and give that to the judge who will come to a payment you can afford.

 

I don't remember you asking for assistance in a defence, did you attend the court in person ?

 

hi conniff. it was a while ago when i started the topic.

 

i did attend in person.

 

the feedback from here was positive in that i wouldnt have to pay but it didnt quite work like that.

 

just a reminder about the issue.

 

sold a 2nd hand motorbike, deposit was left 3 days approx i delivered it to the buyer as a favour as his son didnt have insurance, i get a letter from the buyer saying the speedo didnt work the day he started to ride it, so he asked for the repair £288 which included a battery as the one i recently bought before i sold it was not the right one (i took the battery to a shop and got a like for like) far as i was concerned it was as the shop worker sold it to me, so this is the reason im having to owe this money other costs are court fees,expenses etc...

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Hello

 

Sorry to hear you lost, what was the problem with the Motorbike?

 

If you have been ordered to pay the whole judgment in one amount or you have been ordered to pay by instalments which you cannot afford, you can ask the court to vary the order and reduce the instalments. This is called a varied order.

 

Use Form N245 to ask for a varied order. You can get this free from any county court office, or from the website of Her Majesty's Courts Service.

 

Fill in all the details about your income and spending. Remember to write in the amount you can afford to pay. You will have to pay a fee to apply for a varied order.

 

Keep a copy and send the form and fee to the court. The court will send the form to the claimant, who will decide whether to accept your offer of payment.

 

If the claimant accepts your offer, the court will make an order for the instalments you said you could pay.

 

If the claimant does not accept your offer, the court will look at the information you gave and decide how much you should pay. The court will tell you how much to pay and when.

 

Have a read at the court leaflet here:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex326_0405.pdf

 

You must act quickly though, don't leave this too long.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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