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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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Public house question


Surfer01
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If you go into a public house and order a lager type beer

and you are the first person to have that sort of beer of that day,

 

should the landlord pull the first pint and toss it in the drain as the beer will have been sitting in the tubes since the previous day?

 

Yesterday I was served the first beer out of the tap and took a couple of sips before I realised it was the beer and not my mouth.

 

It was not flat, but tasted a bit sharp and had no head.

 

Landlord was not bothered with replacing it so I had a Guinness instead.

 

However later on my stomach felt a bit upset and ended up with a lot of wind during the night and a loose stomach.

 

This was not caused by food at home which was fresh cold meats and salad.

Only had 2 Guinness so no over indulgence.

 

Surely LL has some obligation to serve a decent pint?

 

I am not after any compensation, but would like to give the LL a mouthful the next time we call at the pub.

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it is typical for what you describe to be done a good while before opening.

 

i doubt that keg beer sitting in pipes overnight would cause that.

 

it sounds more like the pipes were cleaned with sterite by someone else then night before [a weekly if not better routine in a pub]

and not flushed through properly or enough.

 

what you describe is very much the kind of pint you would get.

 

or it could have been the glass, detergent will do the same.

 

not unusual, happens all the time in the trade, i certainly did it lots of times!!

 

i admit though, its strange the LL didn't just change the drink or refund you.

 

if it were me in my day, that would of been my MO.

 

might be an idea to have a quiet word.

 

most landlords are very accomodating.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, have to agree with DX...sounds like someone's done a rush job on flushing through the pipes after they've been cleaned, or possibly the dishwasher detergent could be the culprit.

 

Shame that the LL wasn't more accommodating...I think customer service is a bit of a dying art these days.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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lager sitting in pipes overnight will not produce the symptoms you are describing here, if there were cleaning fluid still in the pipes you would DEFINITELY know about it as most have a purple dye in them now (Prosan plus for example), which you would definately have noticed and the clear ones (protonate etc) would leave you with a soapy feel in your mouth and a sore mouth to boot if there was a really poor flush through as its highly caustic

 

however

 

IF it were the beer's fault an iffy tummy etc would more likely be down to the lines not being cleaned enough so there is a build up of yeast in them

 

Beer lines should be cleaned every 7 days without fail and cask ale lines at the very minimum flushed through with water after every time a cask is changed AND cleaned once a week, you would be shocked at just how many pubs DON'T clean every 7 days without fail (I know, I work for a massive pub company and one of my jobs is to track the line cleaning reports of each pub and eugh!)

 

however I would look to another possible culprit, norovirus is very prevalent at this time of year and this year especially and is highly contagious, there are other tummy bugs out there as well and they can all be caught with something as simple as you using a door handle after someone who hasn't washed their hands then putting your fingers in your mouth for any reason or prepping/handling food without washing your hands after being "contaminated" it doesn't mean you aren't a clean person but how many time do we all lick a finger after handling money for instance?

 

luckily our immune systems are well adapted to cope with most basic things out there, it could be you just copped for something your system hasn't come across before

 

either way though for the landlord to not offer you a change of pint suggests to me that you need to find another local, one where your "host" looks after his customers better!

claim v natwest WON!

 

all posts made by myself are without prejudice

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Thanks all. It was only a slight tummy issue so doubt if it was an virus. Went to pub yesterday and his wife was serving. Decent lager and enjoyable. Anyway Merry Xmas to all.

Edited by Surfer01
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Most pubs will be happy to change a pint if you are not happy with it.

Lots of premium lagers and Guinness extra cold too,have under bar flash coolers now so the draw off comes from there.Unfortunately many staff are not given basic cellar management training these days,but a good experienced landlord knows the inns and outs.If it was flat it could have been a gas problem.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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