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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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What is meant by this...?


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Can somebody explain what this means, maybe give dates on how this would work, based on a loan taken Today 24th May..

 

You have the right to withdraw from the credit agreement within 14 calender days after you receive written confirmation that we have executed the agreement. If you withdraw after receiving credit, you must repay the credit within 30 days and repay any interest due on the credit.

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Hi there

 

It is basically a 14 day cooling off period. So you can back out of the credit agreement any time up to 14 days after they execute the agreement. So, let us say you buy some goods on credit, say from a sales rep who visits your house. You take their finance option. You have 14 days to opt out of the finance. This doesn't affect your contract with the supplier of the goods, you would just have to pay them yourself without using the finance package.

 

If you been given the finance i.e. some money under the agreement, you must repay it within 30 days plus some interest for the privilage of having used that money on loan for that short period of time.

 

ims

 

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Hi there

 

It is basically a 14 day cooling off period. So you can back out of the credit agreement any time up to 14 days after they execute the agreement. So, let us say you buy some goods on credit, say from a sales rep who visits your house. You take their finance option. You have 14 days to opt out of the finance. This doesn't affect your contract with the supplier of the goods, you would just have to pay them yourself without using the finance package.

 

If you been given the finance i.e. some money under the agreement, you must repay it within 30 days plus some interest for the privilage of having used that money on loan for that short period of time.

 

ims

 

So if I was for example to cancel on 14th day, do I have 30 days from that date to repay the credit + interest for the period I hade the credit for...or is it 30 days from the date I received the credit - regardless of when within the 14 days I cancelled?

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Hi there

 

Its 30 days from the date of giving notice. Some of them word it like this....."repay the credit without undue delay or in ay event no later than 30 days after giving notice....."

 

Hope this helps

 

ims

 

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Hold on.....I'm just going to get an agreement and have a look.....back in a mo

 

ims

 

Thanks the paragraph in my original post is from my agreement, however when calling hsbc they state that can cancel within 14 days and loan needs to be paid back within 14 days - on the day of cancellation

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The wording taken from your agreement is

 

"You have the right to withdraw from the credit agreement within 14 calender days after you receive written confirmation that we have executed the agreement. If you withdraw after receiving credit, you must repay the credit within 30 days and repay any interestlink3.gif due on the credit."

 

which to me reads that you have 14 days to withdraw and 30 days from that date. I don't think they have worded it very well. Personally, I wouldn't rely on info given in a phone call to a bank!

 

ims

 

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The wording taken from your agreement is

 

"You have the right to withdraw from the credit agreement within 14 calender days after you receive written confirmation that we have executed the agreement. If you withdraw after receiving credit, you must repay the credit within 30 days and repay any interestlink3.gif due on the credit."

 

which to me reads that you have 14 days to withdraw and 30 days from that date. I don't think they have worded it very well. Personally, I wouldn't rely on info given in a phone call to a bank!

 

ims

 

Thats what I make of it too when reading it - but if the telephone operater telling me differen says to me that I may have issue if I follow what it says on the paperwork and dont want to pay lots of interest as the loan is front loaded....

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Well to my mind you have a written document on which you should be able to rely OR you have some heresay from a phone operator.

 

If you want to be absoluteley sure, why not pop into the local branch of the "World's Local Bank" and clarify it. Whatever they say get them to put it in writing.

 

ims

 

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