Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
  • Recommended Topics

ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4921 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 4.6k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Ah right. I'd suggest you use the quote function to avert further confusion.

 

 

i am niaeve at this , and learning just now, but i have just been watching, ' you tube'...... acs law accused of harassment bullying and intrusion..... what a good watch that was.

try it........:grin:

Link to post
Share on other sites

I'm looking forward to receiving my letter rejecting my LOD for being a template. My second letter will ask under which basis in law they refuse to accept it as it fully complies with the code of practice which their letter of claim didn't. I then have the same right to reject their letter of claim as that too was a template.

 

I wouldn't even bother replying to the 2nd letter.

 

You've stated your position and entering into dialogue with them only encourages them to continue harrassing you.

 

A simple 1st letter of denial stating your position is all that is required unless you like wasting your own time.

Link to post
Share on other sites

I'm looking forward to receiving my letter rejecting my LOD for being a template. My second letter will ask under which basis in law they refuse to accept it as it fully complies with the code of practice which their letter of claim didn't. I then have the same right to reject their letter of claim as that too was a template.

 

Just trying to simplify things.

Theres much of what these law firms do that is against the code of practice. Why enter into unecessary correspondance with these t**ts when a simple denial will do?

Edited by 8of9
Link to post
Share on other sites

Just trying to simplify things.

Theres much of what these law firms do that is against the code of practice. Why enter into unecessary correspondance with these t***ts when a simple denial will do?

 

My template LOD was the simple denial, my letter will be asking him why he sends them out but doesn't accept them. It will also say no further correspondence will be entered into and any future letters from him will be classed as harrassment and reported to the police as such. Doubt they will care but you never know mate.

Link to post
Share on other sites

My template LOD was the simple denial, my letter will be asking him why he sends them out but doesn't accept them. It will also say no further correspondence will be entered into and any future letters from him will be classed as harrassment and reported to the police as such. Doubt they will care but you never know mate.

 

You think he'll care about your questions? You think he'll furnish you with a reply other than ignore what you've said and send another begging letter? You're not going to score points with him as he simply doesnt care.

 

You're wasting your time replying after the 1st LOD.

Link to post
Share on other sites

My template LOD was the simple denial, my letter will be asking him why he sends them out but doesn't accept them. It will also say no further correspondence will be entered into and any future letters from him will be classed as harrassment and reported to the police as such. Doubt they will care but you never know mate.

 

Sounds good to me. Very similar to my last letter.

I'm SURE they dont care, much like the many regulatory bodies who are supposed to care! But hey... "dont let the buggers grind you down!!!":)

Link to post
Share on other sites

You think he'll care about your questions? You think he'll furnish you with a reply other than ignore what you've said and send another begging letter? You're not going to score points with him as he simply doesnt care.

 

You're wasting your time replying after the 1st LOD.

 

No I don't think he will care at all but he sent out his initial batch of letters using Royal Mails mailsort, his individual replies will take him time, he won't be posting out enough to get the discount I assume so he will have to lick all the stamps personally. It takes him time, time is money, money he will not recoup from me and I will report him to the police for harrassment wether he cares or not.:)

Link to post
Share on other sites

No I don't think he will care at all but he sent out his initial batch of letters using Royal Mails mailsort, his individual replies will take him time, he won't be posting out enough to get the discount I assume so he will have to lick all the stamps personally. It takes him time, time is money, money he will not recoup from me and I will report him to the police for harrassment wether he cares or not.:)

 

You might want to look at this:

 

Malicious Communications Act 1988 (c. 27)

Link to post
Share on other sites

You might want to look at this:

 

Malicious Communications Act 1988 (c. 27)

 

Interesting link, they may think its lawful but a letter from the doctor saying it is causing me anxiety could change their minds. I certainly won't let it stress me out though either way, my next letter will be my very very last. I think two is a fair number to show any judge you have played his silly game and now he is just being a nuisance.

 

I accept you only need to send one LOD but I don't see it can do you any harm to send a second and final one just referring him to your template and even enclosing another copy of it.

Link to post
Share on other sites

8of9 so then it's better to reply on your own words?

because for the first two I used the template and they keep on sending me letters......

 

General concensus is yes.

If you are innocent a simple letter of denial is all thats required, but dont go into detail. They want you to enter into dialogue with them as you might reveal more information to them which might inadvertently incriminate yourself. That is why they have also been sending out "Questionaires" to some people with this aim in mind.

Link to post
Share on other sites

Just back in the UK after several months' absence.

 

Unless I've missed something, Crossley / ACS Law still hasn't managed to bring a single successful court case. As a definition of failure, that's pretty graphic.

 

Question, then: why are some folks still wasting their time and energy dealing with a one-man (legal) band that can't even afford to rent a real office, has no track record of success, and is merely a questionable source of income for an individual flailing around to give the impression of invincibility?

 

Anyone getting a letter from him / ACS:Law need spend no more than five minutes penning a brief response along the lines so often rehearsed by helpful posters here, posting it off, and that's that.

 

Anything else brings the recipient of Crossley's letter into much closer proximity to Crossley.

 

I hadn't realised he was so darned attractive.

Link to post
Share on other sites

**Car2403 coughs to clear his throat**

 

2u7t9g1.gif

 

I posted this in September of last year - not much has changed;

 

Do not phone them.

 

There is a template letter of denial in this thread - it is in your interests to read the whole lot, as lots of questions have been asked and answered already.

 

In short;

 

- they have no claim against you, so you have no legal obligation to pay them

- some believe these are fishing attempts, let others pay as you don't need to

- you should send a letter of denial, then ignore any further letters unless they take Court action

- they have NOT taken action against anyone on this thread, AFAIK (EDIT: There are some saying the claims have been issued, but are not coming back with their own threads, or more information on this thread - this leads me to believe that those posts are NOT genuine)

- Complain to everyone you can think of; Trading Standards, the Solicitors Regulation Authority, your Local MP... the more people at the party, the better for you

 

Any other concerns you may have will have already been dealt with on this thread ;)

 

Oh, and, of course, this;

 

As cerberusalert says;

 

Beware not all members of CAG are caggers, there are some who will deliberately misinform or try to undermine information you have been given, at the end of the day it is you that must decide on what action to take.

 

;)

;)

;)

;)

 

Link to post
Share on other sites

Help. Up until the post dropped through my door yesterday, l was blissfully unaware of this firm. Having read the letter l feel litterally nautious. I have questioned both of my teenage kids, who both claim neither of them downloaded the album. I like allow my kids free access to the internet but l am now concerned that either they, or one of their friends may have made me liabable for this penalty.

 

1. Am l liable?

2. Can the IP address identify with IT equipment the download terminated at (i.e downloaded to the PC or two a laptop)?

3. Would l be able to, in good faith, send a LOD?

 

Grateful for any advice.

Thanks

 

MPVSRS:(

Edited by cerberusalert
Link to post
Share on other sites

Hi

 

If the file is on your PC then someone has done the downloading, but I would imagine it would be the same person who eats all the biscuits in my house.

 

If the file is on your PC this I would assume, could be construed as part proof that your internet connection did download the file, and so, some of the technology or methodology they use is in fact working to some degree.

 

If the file is on your PC should you admit it to them and pay?

 

That's up to you and I don't think anyone would tell you not to do so on this occasion, as morally it would be wrong.

 

If the file is on your PC your kids are not going to admit to it, as they think they may get in trouble for doing so.

Edited by letsdothis
Link to post
Share on other sites

FLYYTE wrote:

....As a definition of failure, that's pretty graphic.

 

 

Depends how you measure failure. By playing the odds apparantly many are paying up. So why would he want to go to court?

 

Oh, by the way, should have gone to Specsavers!!

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4921 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...