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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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Faifax Solicitors


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Hi everyone,

 

well here goes, im in a right muddle with fairfax solicitors, i received a letter this year about a £1032 overpayment from DWP and they are collecting on behalf, after ignoring all letters and phone calls (lol) i actually spoke to someone who was very rude and really didnt want to listen, he just wanted money!!!!! at the moment im receiving 3 to 4 phone calls a day, even after i wrote to them basically asking them not to phone only to get in touch by letter, also asking them to send documents of when this came about and the letter has been recieved but they still are constantly sending letters and phoning, my partner spoke to them today and he told them im waiting for the documents i asked for and they was rude with him too and totally ignored what he was saying, they told him they need to speak to me about this money owed!!! also the guy said they cant discuss the account with him but my partner cleverly said well ya want all my bank statements and wage slips i think i have a right to talk to u about it!!!!!!!!!! he also told my partner they would carry on phoning until the debt is settled so my partner told them if they do i will get them done for harrasment........................the prob i have now is where do i go with this???? they have ignored the letter which they admitted they recieved!!!!!! we never sent any details they wanted, the over payment is around 7 to 10 yrs ago, dont remember exactly............and im not sure if i have paid anything off it in the last 7 yrs!!!!!!!!!

 

 

at the moment im really stressed out about it and feel at a loss cos i dunno wat to do now????? they are currently ringing at 7am and latest at 9pm, please someone HELP!!!!

 

 

 

rachel

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the over payment is around 7 to 10 yrs ago,
Tell them to go forth. It's Statute Barred although the DWP are allowed to deduct the monies from future benefits they cannot take legal action. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred
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I'm having exactly the same issue with Eversheds/ Fairfax, relating to an overpayment over 10 years ago. I've already told them verbally that the debt is effectively statute barred - this stopped the phone calls and the letters for a few months but they started again last month.

 

They have tried to contact me numerous times by phone - how sad that my answering machine doesn't work and I've been at work every time they've called - fortunately I'm off for a few weeks so I might have the pleasure of talking to them.

 

When they do manage to get hold of me I won't be answering any of their security questions - after all, in these days of identity theft it would be foolish for me to give personnal information to an unsolicited caller, wouldn't it? And if they tell me that acutally I made a payment to them in 2005 of £1, so the debt isn't barred, I'll tell them exactly what I told their muppet in October - please take me to court. I'm sure the judge will be very interested to found out how I paid them when they had nothing to do with the debt until last year - as I pointed out, the courts take fraud very seriously.

 

You are in the same position as I am - the deadline has passed for them to take us to court BUT the DWP will get their money, even if they have to take it out of our state pensions. I intend to repay the money next year, when my DMP comes to an end and I have a bit of spare cash. One thing for sure is that there is no way I'll be paying any money to a DCA - I'll be paying the DWP direct.

 

In the meantime Eversheds/ Fairfax - feel free to spend your time and money on writing and calling me 'cos you won't be getting any commission on my 'debt'.

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Personally I would exhaust their own complaints procedure, then when you've done so, or even whilst doing so, complain to the relevant MP in charge of the DWP.

How to complain - DWP

 

Ministers - DWP

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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