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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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      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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Minicredit -advice please


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Update. Have heard nothing, nearly 3 months since We received the Court summons.

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Hi I also have same problem with mini credit do they actually take you court... Please help it's worrying me as the balance is just increasing day by and just can't afford to pay these ridiculous amounts of interest.. Making partial payments

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Dear ALI2021

 

I stupidly took a pay day loan out with these horrible people. The loan was for £100 I told them that I couldnt afford to pay them as my partner had been laid off due to the weather at the beginning of the year. In the space of four weeks it had gone up to over £500. I have paid them £200 already keep getting threatening letters telling me doorstep colectors will be attending as yet no one has turned up I have emailed them several times and told them to send me court papers and I will be happy to tell the Judge how my loan went from £100 to £500 in the space of four weeks.

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Hi Roxy,

 

I offered them 200 as final settlement figure which is with 2 months interest and they said call them at the end of the month to see if it can be settled... but not sure if they will settle it as they might just take it and add further charges... what you guys think?

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Dear ALI2021

Last response from them was doorstep collectors calling to my home nobody has been. I dont really want to go to court but how can they justify adding nearly £400 in the space of four weeks on a £100 loan. Do you know what there interest is as I think I have paid them £165 at present.

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  • 2 weeks later...

Roxy they are claiming 400 plus from my oh on a 100 pound loan, So that figure seems about right for MC BUT if you have paid them 165 pounds already

it shouldnt be that much have you checked your online account ???

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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No John, do you wanna take a look then?????

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Dear Delboy01

 

I have looked on my account and according to that I still owe £360. I have recieved a further letter from them this week stating that if I dont settle the account by the 22nd April they will start legal action. I keep emailing them and telling them to send me the papers but they dont reply to my emails. What would you do just ignore the letters?

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What I did was email them with a settlement figure I could pay, this was refused.

Didnt hear from them despite emailing them for a few months, then received a court summons filed my defence etc

Havnt heard anything from the court or minicredit since Januaryish.

BTW keep your email trail it can be very helpful should you need to use it later. Their refusal to answer your emails wont look good in court.

 

@vjohn82 this is my wifes thread I have sort of taken it over for her as I am dealing with it for her. Its starts out as her thread (stupid1) :)

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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vjohn82 here is the POC (for a 100 pound loan)

 

 

Hi this is the POC

 

POC " The Claimants claim is for 411.50 due to the Claimant from the Defendant in respect of monies due and owing."

 

"The Claimant further claims interest at the rate of 8 percent pa under section 69 of the CC Act 1984 on the said sum calculated at 7.29 pounds."

 

"And the Claimant further claims interest under the above act at the rate of 9 pence per day from the date of issue of the claim until judgement or earlier payment"

 

"Claimants claim 411.50."

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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I suppose it is ok to post on here as they have a copy????

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Absolutely. In fact, the more you can post the better. If they ever bring up that you use this forum they will be effectively admitting they know about the defects in their case yet continued regardless. Could have costs implications ;-)

 

In 90% of all my threads I'm quite open about the information creditors can see. Especially in my HFO thread... they brought in a huge bundle of all my posts from the forum. The Judge practically deemed them irrelevant to the case and classed it as underhand. He also said that my actions in being public were consistent with my open and honest approach and that it was to HFO's advantage that they knew in advance all of my arguments.

 

So don't worry. They'll know everything eventually. Just don't get caught out making libellous statements like others have done.

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ALI2021

 

Is there a telephone you can ring them on all you get on there letteres is an email address which when you send them emails they ignore. I am not really bothered about going to court Delboy01 has been waiting since January for a court date. They actually agreed to the amount that i have paid but then went backward on it because i couldnt pay it on the day they said it was actually the day after never dealt with a company like it.

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If you have that in writing keep it as it will be useful evidence. This is why you need to keep emailing.

 

A complaint to Trading Standards via Consumer Direct and the Office of Fair Trading is in order as well. If you have paid them the capital and one nonths interest back that should be it.

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Dear sillygirl1

 

Dont know if you have had a breakdown of charges like this from them. Recieved an email from them on the 23.12.2010 stating that they charge £1 a day overdue penalties which added up to £66 then they said my debit card had been recorded in the system for court presentation and attempt fees which have added up to £261 and then a debt recovery fee of £100. I sent them an email on the 22.2.2011 telling them I would only be paying the amount plus one month's interest they asked if i could immediately when i emailed them back and told them it would be the 25th they refused to accept it. I then emailed them again on the 18.3.2011 telling them i would only communicate with them in writing and not to send any doorstep collectors to my home. Nobody has been to my home what a suprise since then i have heard nothing apart from the letter last week stating if I dont pay £360 by the 22nd April they will start legal action bring it on.

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Get that email off to the Office of Fair Trading IMMEDIATELY, they CANNOT charge you £1 a day and the claptrap about 'presenting your debit card to court for court fees is way way way beyond reasonable.

 

Get Trading Standards involved in this too as they need to see how unreasonable this lot are.

 

The charges are not valid even though they may have them in the contract, it clearly is an unfair terms and conditions scene, this is meant to be a short term debt - not a long term money making situation for them.

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Did you see on the POC they are claiming 9p per day from date of issue,

dont think the judge will like the delay by them to build that up.

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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There is no provision in law to claim EITHER contractual or statutory post-judgment interest on payday loans of this nature. What they are trying to do is illegal.

 

See my blog on post-judgment interest

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Which is the important bit on the blog that refers to my POC ?? Sorry to ask it is just a bit confusing for me. As I cant see post judgment only pre judgement interest on my POCs..Cheers

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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