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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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Msa V Barclays Bank


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  • 3 weeks later...

Statements came today so i have yet to look through them, it will take a while. So far my claim against barclays is going better than against halifax, barclays returned my postal order and sent my statements within th 40 days halifax has not done either.

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Quick question to anyone who might know the answer. When i make my list of charges is there a certain way to do it? i cant find a template sheet for it so i have put my basic account details on the sheet then the date, charge type and charge ammount. Is that what everyone else has done?

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try your hardest to use the spreadsheets:you only put in the information they should do the working out:) you will be surprised how much interest they owe you back as well

:grin:amount WON so far £15,021.27(12 claims):D

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Prelim letter typed out, charges calculated, I am going to do each action seperatley and one at a time. Sending my current account prelim letter for £600 first thing monday morning.

 

I have also just read on another thread that you only need proof of postage from the post office and not recorded delivery should it go to court.

It will save a few pennies and every bit counts.

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  • 2 weeks later...
  • 3 weeks later...

Ive been a bit slack with this claim as my halifax one is futher on ahead than my barclays and i let the pre-lim date slip. but having realised how fast time does fly i have typed my lba letter out and will be sending it monday morning.

I did fill in the MCOL money claim online form in today against halifax, and if anyone is wondering what you type in claimants details, here you are:

 

Claimant has account (A/C No) with Defendant from (Date a/c opened) conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant’s charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

 

Supplied by a very helpful moderator, you can copy and paste it and it will fit into the 1080 character spaces allowed.

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Stick to your timetable. You gave them 14 days so, even though they have responded negatively, you should still let them have that time. The courts then accept that you have exhausted all avenues and they see 14 days for the prelim approach and a further 14 for the LBA as adequate - legally.

 

Hope that helps you.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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I wonder why, is it just to delay things further ? Are they likely to offer half next?:mad:

Are they getting nearer to going to court with someone and dont want to pay anyone at the moment?

:grin:amount WON so far £15,021.27(12 claims):D

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Nah, they probably realise they're wasting their breath anyway, as we systematically say thaks, but no thanks... So they have a document to say that they "tried to make an offer" :rolleyes: to put in their file...

 

What on earth makes you think they're getting closer to going to court? My god, they can't run fast enough to get away from court! Have you not read the Mercantile threads? The speed at which they settled, costs and all, when faced with a sudden conference hearing is laughable!

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What about them?

 

There's a CMC on Oct 18th... Expect a flurry of settlements next week...

 

They don't get much closer than B's when it comes to deadlines. But they never want to get quite close enough to actually go inside...

 

Judge Mackie's hands are just as tied as ours when it comes to the bank's abuse of the court system sadly. As long as the banks settle, even 5 mns before a hearing, nothing will happen.

 

Apologies to MSA for thread hijack, sorry, hun! :-)

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