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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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      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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Energy companies now dumping small business customers?


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Recently received a renewal notice for the electricity supply for my small business from SSE. This stated that I would need to pay 19 weeks supply charges up front, and may also have to pay increased unit cost charges. SSE claimed that the reasons for this was due to my failing a credit check, but when I contacted them on the phone they were unable to outline the reasons for my failing, or to explain why I had passed the 3 previous checks with no problems (all since reference checks started).

 

This seemed to like SSE clawing extra profits out of hard bitten small business customers, and in my case the fact they had been providing me with electricity for 13 years, with no issues related to payments, did I felt have some bearing on the situation. Over the course of a couple of days I spoke to several SSE droids about this situation, with one of them claiming that charging deposits, and increased unit costs did not result in higher profits!

 

A customer of mine works in an executive position in one of the smaller energy companies, and I discussed this with him. It would seem companies such as SSE are dumping higher risk small business customers, by far more stringent credit checks, which mean customers either pay the deposits required, and in some cases unit cost increases of up to 30% higher. The reason for the use of this strategy, is down to the fact they cannot lawfully refuse to supply a customer, so are encouraging them to go elsewhere using the method outlined above.

 

I wonder have any other forum members running small businesses got one of these notices? Seems to me that the greed of these people is astonishing, and bearing in mind the current economic situation, and the enormous profits the energy co's posted last year, that the press might be interested in what seems to me an obvious way of sidestepping the law, to ensure even higher profits?

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Don,t know much about small business suppliers,but i would find another supplier if your not under contract with SSE...

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Most, if not all suppliers now credit check upon application and renewal. They obtain information from CRAs and then apply their own internal credit score. The SME market is actually growing and can be very lucrative.

 

It could well be that SSE's internal scoring has caused them to decline to contract, based on their own assessment of the risk e.g. they may have experienced a high level of insolvency with similar businesses and therefore deem you as a risk.

 

As you mention, a supplier cannot refuse to supply you when they already supply you, but they can lawfully impose conditions such as a deposit, cross or parent company guarantees or even director undertakings before entering in to a contract. They therefore continue to bill you on deemed rates on an extended supply contract. These rates are 99% of the time higher than contracted rates and of course they are more profitable.

 

As they are basing their decision on a credit check, there should be some form of appeals process in place; it might be worth speaking with their credit risk team (if you want to stay with them after this)

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In this case SSE has advised they have no particular criteria in respect of credit scoring, and have seemingly decided to dump me as a customer on an arbitrary basis. I wonder if I have any right to apply under FOI for the reasons as to why I have been refused?

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They have changed their minds now, and have forgotten about the "security deposit" and credit scoring, and offered me a lower unit cost! When I suggested this was purely and simply due to my kicking up a bit of fuss, there wasnt much they could say to deny this.

 

Unfortunately this sort of bullying is becoming more and more common, and I would guess that for every 10 people that object there are probably 50 that dont! The profits these people make are already enormous, and I feel that kicking small business customers in the balls, through telling lies over non existent credit checks is something that deserves publicity.

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I can understand why SSE are not taking on new business customers as most new businesses fail within the 1st year leaving huge debts to utility companies and have caused some of the smaller energy companies to go under.

However if you are already with a supplier, they cannot force you to change suppliers unless at renewal time they hike up their prices unreasonably. That is where some unscrupulous companies step in and start ripping off the business owners. A quick search on CAG will highlight these rogues.

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In this case I have been an SSE customer for 13 years, with no problems at all. As I understand it they are wanting to dump small business customers (which they see as high risk), by asking for security deposits and higher charges, simply as a ploy to be able to do this lawfully. I have asked them about dumping small business customers (which they deny), and have suggested that if they cannot clarify the exact reasons they want to charge a deposit and higher unit costs, that my feelings about dumping are quite correct.

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