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    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
    • 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! 
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court date what next


Ombler
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got a date for my hearing against Barclay's its at the beginning of next year. on the letter it mentions i have until the 18th of sept to have standard disclosure of documents. What does this mean? is this simply a case of sending a print out of my schedule of charges to Mr Jeremiah? I was thinking of writing to him to see if he's now interested in an out of court settlement. Any one with any hints, tips or pointers? thanks guys

 

Ombler

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Oh don't say that clhtyler! It's scary enough as it is without having the thought that allthis hard work will be for nothing!

 

Good luck Ombler, I don;t know what happens yet, I've only just filed N1. Did Barclays call you with a settlement at any time?

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Its quite usual for the court date to be some way off, they are very busy, I wouldn't consider contacting them about settlement, it mwill make them think you are desparate which as you all know makes them even worse to deal with, sit tight and wait is my best advice.

 

Sam

I'm a Foolish person

 

IGroup ERC £1928.64 Ist letter sent 12/9

LBA sent 26/9

Moneyclaim input 13/10

Claim acknowledged 6/11

Received fob off letter 11/11

AQs sent back, IGroup request multitrack and hearing

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Part 18 is your chance to request information from the bank.

I have just sent them a request for the following, just to make their life hard.

 

Under Part 18 Application for "Further Information" under Practice Direction Part 18. (1.1). (Copy attached). The Claimant requests the following information:-

a) The Claimant requests a full copy of the contractual terms and conditions which were agreed and duly signed, when the said bank accounts were opened in August 1983.

b) Copies of the standard terms upon which the Defendant (Barclays Bank PLC) intend to rely.

c) Any and all addendum and / or amendments to those standard terms and confirmation of the dates upon which these addendum and / or amendments were brought to the attention of the Claimant ( if at all ).

d) The Claimant requests that the Defendant (Barclays Bank PLC) provide a proper breakdown of its costs and charges, in relation to what it actually costs to respond to the purported breaches of contract on the part of the Claimant.

 

Regards

David

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Ombler

 

Its probably an idea to find out what your doing first.

 

Standard disclosure is a powerful tool and alforces the defendants to reveal key information relating to your claim.

 

I personally wouldnt ask them to settle, if you ask they will think your going to fold before you get to court.

 

What is the size of your claim?

 

Standard discolsure is usually only relevant to fast/multi track claims.

 

If you are not in small claims then you should have a good idea of what youre about, the relevant bits of law, etc.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Please I am desperate for help. Barclays bank has refused to pay up what they owe me, approx £2436 for the past 6 years, offering me a meagre £700 which i have rejected. I am now at the stage of putting in my claim in court online, but i am not too good with computers and badly need support and advice on how to proceed. My 7 days deadline is long past since i sent them the letter before action on 7/9/06 using the advice & templates from this site. Please please can someone guide me on how to do this?

thanks a bunch

jacqui

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Firstly, you need to start your own thread (click here) - I suggest you title it "jacquilottin vs Barclays" or something similar.

 

If you're sure you're ready to start your claim you can get some help for the online claim form here.

 

If you need ANY help or advice at any stage - or you just want to check you're on the right lines - post again with your questions.

 

Don't worry - you're in the right place.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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