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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.  (Although 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 it, but legal advice was something to do with the role the receiver has acting as an agent for the borrower which makes it hard for a borrower to make a claim against the 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 app 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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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ATOS - (audio) recording... Well, just recording.


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Hello!

 

I have ATOS assessment tomorrow. From their leaflet I have learnt that if I want the assessment to be AUDIO recorded I must contact ATOS in advance. Well do I or is it in my rights to just record the meeting?

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Hi thisisnatek

 

You should have requested the assessment to be Recorded as soon as you received the letter from them. If you tell them up-front that you want to Record the assessment they won't allow you too. You could call them now and tell them you want the assessment Recorded, explain that you just found out that you could have it Recorded. See what they say.

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ALWAYS ALWAYS record the ATOS interrogation, if you're unable to then you MUST take someone else with you to sit in on the interrogation.

If you can record it covertly then do so as well.

 

Do NOT trust these people one little bit, their job is to find the slightest bit of evidence to kick you off benefits for good, and believe me the appeals process is deliberately designed to frustrate and be as lethargic as possible, so if you can avoid ever having to go through their ridiculous lethargic appeals process you will be doing yourself a very big favour.

 

Assume you are being watched as soon as you leave your home, and everything in the waiting room IS being recorded, everything is a test from the minute you walk out the front door.

Edited by honeybee13

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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  • 1 month later...

I have my ATOS Medical coming up shortly i phoned them up asking for the medical to be audio recorded but the woman stated that if i wanted to have it recorded i would have to travel as far as Berwick and as i live near Durham its not possible. How can they get away with this its not fair that they can lie and say whatever they want to the DWP regarding the medical and people don't have any proof of their lies.

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Oh right. I can see that might be a bit short notice for Atos because they don't have very many recorders and have to organise where they will be. I can't remember what the rules are but hopefully the guys will be along later with advice for you.

 

HB

Illegitimi non carborundum

 

 

 

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they are terrible in durham its pointless even going but if you dont your money gets stopped.

 

It gets stopped either way....

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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  • 2 weeks later...
Well all that was on the cd was an xml file, no recording whatsoever. I first tried on my computer then on my music cd player, nothing, no audio at all.

 

I dont think it works like a DVD You have to open the file far as i know.

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If it was an actual audio recording, then there would be a file probably a .wav or.flac or even .mp3 of a particular size.

The said xml opened up in my webpages building program, and was only very small in size, about 3 lines if I remember right

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:Atos Audio Recording:?::

 

If/when they manage to find a working audio recorder and compatible audio compact discs, which can be a bit technical for Atos. This particular technology failure has already been discussed at:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?414530-Re-appointments-and-recording

 

Margaret.

 

 

 

 

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Never ever rely on Atos to record your "assessment".I took an upstanding member of the community(as opposed to a dodgy one like me ;))AND as soon as their creep had ushered us into the interrogation room,I said,"I will be recording this interview". "I had better go and see whether that is permitted",they replied."It is",I said.Off they trotted,or in this case lumbered,and returned saying,"Yes that`s ok but you can`t use it for your case".Oh really, I thought.

Just in case the hideous individual refused,I had my witness with a phone ready to click it off whilst the thirty quid 2nd-hand digital recorder sat in my top pocket switched on.

I am halfway through transcribing said recording and along with guidelines from.... street democracy.wordpress.com/using-atos-complaints-procedure.....sorry I was forced to remove actual link ,as have yet to accrue the required ten postings necessary! Had a post removed the other day too!

I am turning some of the -ve stress which is compounding my chronic health problems,into +ve action.

I tape all phone calls and with ones where the other side start with recorded codswallop about doing so for training purposes blah,blah,blah,if I have any hassle from the other side I tell them that I am recording.Their response tends to be "that`s illegal,you are supposed to notify me",to which I reply that the conversation was headed up with a recorded message saying the conversation was being recorded! Very often "illegal" then becomes "common decency"....something the can`t aspire to.

Recording phone conversations has been an immense help to me.Also back in the day before digital,I carried a 35mm camera with film, and over the years had four incompetent drivers run in to me.Trainee quack,19F,head-on,in spite of me moving as far off the single-track road to avoid her as a stone wall permitted.Her posh mum phoned me saying that it was a 50-50 and she would get her London lawyers on the case to consolidate that "fact".When I responded that I had taken photos of the collision aftermath,she said that it would be her luck not to have a film in the camera,which was an attempt to suss whether I had.Don`t worry,the photos are on their way to my insurer and I have had copies taken,I replied.That was enough to win what otherwise would have been a 50-50 decsion or worse probably.Those types tend to twist things in their favour,making you the villain.Had that with a dog owner after their dog bit me.

Then there was the RAF chap who shot out of a car park into the side of my car as I was driving along a town street minding my own business.He immediately apologised,saying he was half asleep having just returned from Belize.A recording would have been good there!

Then a woman exiting a supermarket car park drove straight into the side of me as I was passing.Her view was obscured by a large German Shepherd dog in her front passenger seat!I collared a witness and took photos,by which time the GSD was now sat in the driving seat.The woman had the cheek to try and change the state of events but street witness and another who I later found saw the RTC from their house,together with the all-important photos,won me compensation.....which the then DHSS promptly took from me in lieu of benefit`s paid whilst I was incapacitated through injury! I still think to this day that move was illegal on their part.

My big smash previous to the three mentioned,I didn`t walk away from but was able to give police info which they could corroborate,leading to a win for me.When you are seriously injured and close to death(thanks surgeons :))you can`t use a camera!

Do not trust anyone,always be one step ahead,or else someone richer or higher up the food chain will have their word taken as gospel and you will lose out,you will be labelled a liar!Turn the tables on them by being prepared.Expose them for what they are.Honesty can win out.Liars have poor memories and struggle to replicate their untruths.

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  • 2 weeks later...

The best advice I've picked up on this site, (among many other excellent pieces of advice), is to discretely record conversations with the DWP or ATOS, whether face-to-face or on a telephone.

 

Technically, you're required to seek permission before recording, but so long as you don't use the physical recording for anything other than personal use, you're ok legally. That recording can (and certainly should) be turned into a written transcript, which you can use freely in a court room, if it gets that far.

 

Also, when you reveal that you possess a recording of someone deliberately lying, that other party will likely change their tune, sharpish.

 

While I appreciate the difficulty of managing and storing multiple recordings on micro-tape, recording digitally and saving in an mp3 format (for example) creates a relatively small file on a hard disk, which can be collected in a library of similar files. It also provides high quality proof, if needed, when your honesty and credibility are questioned.

 

Just as an example:

I label files stored in the following brief fashion:

[ date & time ] [ who was involved ] [ what it related to]

 

eg: 20140727 @1326 - DWP CC Spk2 Steven, Blackpool CC re Non-payment of JSA

Which tells me: I spoke to Steven at the DWP call centre in Blackpool about Non-payment of JSA on the 27th of July 2014 at 1:26pm

 

I hope this is of some use to someone out there

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There is no legal requirement to tell anyone you are recording your telephone calls, I record all of mine with the Rolls Royce of devices Truecall.

 

Agreed when you tell them that you have a recording of the call, if there is some dispute later on, then they will nearly always change their tune yes..

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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