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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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Ambrose Wilson still claim debt owed. Help needed.


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In a recent thread (http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/202990-help-needed-possible-fraudulent.html), I discussed how my Mum was being chased for a debt that she has no knowledge of.

 

Further from my previous post on this issue, my Mum received a letter from Ambrose Wilson today, in which they sort of admit she isn't responsible, but sort of don't. I am confused as to what my Mum should do next, so advice would be appreciated, thank you.

 

The letter reads in part:

 

We have complied with our obligations to supply you with a "True Copy" of your credit agreement. A "True Copy" is defined by Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. The "True Copy" need not, by law, contain either the signature of the debtor or the date of the signature in our case... Having been provided with this "True Copy" there is no basis for you to allege that you are exonerated from payment under the agreement, (or that we remain in breach of our obligations under the act). However, you now state that you may have been the victim of fraud and I would like to pursue this line with you... Could you please confirm your full name and address and also the length of time you have been at your address...

 

I would really appreciate any advice the forum could give me on this. Thanks! :)

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DO NOT send them any of the requested info,it is beleved that some dca's knock up forged cca's if you supply such info. From what I can tell they have not sent an executied copy off the cca

 

ps. do not send any documentation (passports drivers licence ect) nor send a copy of your mothers signiture to them

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time to iggnore them me thinks

 

silly beggers

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Could you please confirm your full name and address and also the length of time you have been at your address

 

Regardless, you should make a complaintto the OFT

So they have sent out a request for payment for an alleged debt, and only now wish to confirm your identity!:eek:

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the

correct debtor will be made.

 

I would ignore them, or send them a reply that you are reporting them to the OFT and Trading Standards:D

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Tell your Mum, not to worry! Yeah right if she's anything like mine when she received a DCA's letter out of the blue for a debt she never owed, she was only too happy to ring them up and pay it over the phone:eek::eek::eek:

 

OK a more constructive and pro active approach would be to print off a couple of these letter templates, I'm sure if you give them your Mum to read they will defo put her mind at rest.

The first one is the 'General Debt letter-If you know nothing of the debt'

If you need to send this or any other letter to a debt collection agency (DCA) you should/must always send them via recorded delivery, you'd be amazed at the amount of theses letters sent to DCA's are lost by Royal Mail (Hmm The other one has bells on!)

 

That letter 'should' get them to respond with evidence that your Mum does some how owe the debt:-|

 

However it very rarely does, they are quite apt in selling it on like a hot potato to another sucker DCA who likes to buy lemons!!!!:p:p:p

 

Telephone Harassment letter.

 

Threat of Doorstep Visit letter.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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