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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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How many times a day is a DCA allowed to call?


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once a day. Some judges even say more than once a week is bordering on harassment.

 

If you send them the telephone harassment letter, then they are not allowed to call AT ALL.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Log all the calls, go through the malicious calls procedure with you phone provider and complain to Ofcom about the misuse of the communications network.

 

Once you have informed them you will only correspond in writing only, any further calls IMO would be harassment, which is a criminal offence.

 

Send them http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone send it 2nd class but obtain proof of posting, which is free from the PO counter.

 

Now what's the debt?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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What is the point of calling more than once a day, or even once a week.

 

"telephoning until they obtain a resolution is an admission of harrassment IMH" !!

 

In the case of Roberts v Bank of Scotland plc and another [2013] All ER (D) 88 (Jun) in the Court of Appeal.

 

The court concluded that:

 

(1) The existence of a debt did not give a lender the right to bombard the debtor with calls. It was for the debtor to decide whether they wanted to discuss the matter with the creditor.

 

(2) In respect of the harassment appeal, the claimant had made it perfectly clear that she had not wanted to speak to the bank, and she had been perfectly entitled to do so. Once the bank had phoned a few times, it had been clear that no progress was to be made. Further calls had been futile and should have been stopped. The judge had been right to characterise the calls as intimidation and they had been wholly unjustified.

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Send that letter asap. Give them a few days to act on it. if they call after theyve got it, then you can start harassment complaints.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I actually got a "FFS do you seriously think that we are going to write every time we want to speak to you?" from a DCA when I insisted over the phone that everything be put in writing.

 

They never write, and whether they still phone or not I have no idea as all unknown numbers get screened out and don't even ring on my phone any more. The point is that I told them not to phone so it is up to them whether they want to waste time or not.

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Its not my debt .......... I don't know who it is but I will do the letter and post tomorrow

 

Thanks everyone.

 

I keep getting calls on my mobile from a mobile, and they're different numbers but in very close proximity to each other some even the next numbers. I think it Lowell too because last year had a SB debt and got rid of them.

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The mobile numbers are a favourite trick too...and unknown landline numbers but with your local STD code to try and fool you.

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New-me, put any number you don't recognise onto this website, it will either flag it up as who it really is, or you can just enter it on there as a pest caller.

http://whocallsme.com/

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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