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    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • 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      
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Rite i think i mite be in a bit of trouble because i moved out from my parents address 2 years ago and ive had to pay a parking fine and a speeding fine which i gave my previous address because i hadnt got round to updating it, ive just got round to changing my address to find out that i need to fill in a medical questionnaire because i developed a mental heath problem 4 years ago which ive only just found out that its against the law not to tell them, so what to do think will happen to me? im expecting to lose my licence but its the fines im worried about. i no i should of informed them when i had the fines but i was considering moving back to my parents due to financial problems which have been sorted now. has any1 got a idea what they will do?

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you could goto a local mental health outpatient clinic and ask to speak to a c.p.n. (community phsyciatric nurse) or someone similar. explain your concern and see what help or advice they may be able to provide. they may even be able to assist you in your matter if necessary.

 

all the best.

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I think you need to contact the relevant people about the speeding and parking fine (which I am guessing is a council-issued PCN), and find out what the state of play is with each. You can decide what to do from there. I don't know much about speeding fines, but a PCN will normally be passed to bailiffs with more charges added on and you will have to pay or contest it. On the other hand, it may have been issued by a private company, and if it is, then you can probably ignore it.

 

If you can post up some more info here, then please do. It will make your position clearer.

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you could goto a local mental health outpatient clinic and ask to speak to a c.p.n. (community phsyciatric nurse) or someone similar. explain your concern and see what help or advice they may be able to provide. they may even be able to assist you in your matter if necessary.

 

all the best.

 

yeah i think i mite do that, because none of my doctors mentioned that i had inform them of my condition.

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I think you need to contact the relevant people about the speeding and parking fine (which I am guessing is a council-issued PCN), and find out what the state of play is with each. You can decide what to do from there. I don't know much about speeding fines, but a PCN will normally be passed to bailiffs with more charges added on and you will have to pay or contest it. On the other hand, it may have been issued by a private company, and if it is, then you can probably ignore it.

 

If you can post up some more info here, then please do. It will make your position clearer.

 

Yeah it was a pcn issued fine and i payed it but im worried if the dvla check up on my speeding fine and find out that i didnt tell them i change my address and just give them my parents address as my current address. because i stated on the form that ive been living at my present address for 2 yrs.

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Why didn't your parents tell you about the letters?

my parents told me about the letter, but i worried because i payed the fines and gave my parents address as my current address because i havnt got round to updating it.

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my parents told me about the letter, but i worried because i payed the fines and gave my parents address as my current address because i havnt got round to updating it.

 

Sorry I think I got the wrong idea, so you actually paid the fines and are worried about the licence not the fines?? You can use any address on your licence or registration v5 as long as you can be contacted at the address.

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Sorry I think I got the wrong idea, so you actually paid the fines and are worried about the licence not the fines?? You can use any address on your licence or registration v5 as long as you can be contacted at the address.

 

Yeah i paid the fines, thought i mite be in trouble paying the fine and not telling them i had moved.

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Yeah i paid the fines, thought i mite be in trouble paying the fine and not telling them i had moved.

 

No, you are ok as long as you don't give a false address to avoid prosecution and can be contacted you can give any address you like. The fact that you paid the fines makes it even more acceptable as they obviously can contact you! :-)

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No, you are ok as long as you don't give a false address to avoid prosecution and can be contacted you can give any address you like. The fact that you paid the fines makes it even more acceptable as they obviously can contact you! :-)

 

cheers for clearing that up for me mate, what do you think they mite do regarding not informing them about my medical condition.

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Information is available here http://www.direct.gov.uk/en/Motoring/DriverLicensing/MedicalRulesForDrivers/index.htm, If you have now told them and have not been involved in an accident or stopped by the Police for driving without due care due to your illness, I very much doubt anything will happen retrospectively. If you did get prosecuted the fact that you have mental health issues would I imagine be adequate mitigation for forgetting anyway and you would probably just get your licence revoked. If you had failed to inform them and had an accident or such like the consequences would be far worse.

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cheers, i was involved in an accident but it wasn't my fault and ive got 6 years no claims and havent had any dealing with the police apart from the speed camera fine which i got stung because it was a new camera, so i mite be ok regarding a fine, if i did no about informing them like you say i would of forgotten anyway so i will have to wait an see what happens about my license. thanks for your help mate much appreciated

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