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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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Money claim N1


Abbtt
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Hi, I am thinking to raise a small claim case against a MNO via post and I need some helps filling in the form. Any inputs will be greatly appreciated.

 

In the heading of the form (Pg1) it asks about

"In the [Do I write my local county court here or something else?]

Fee Account no. [Does this refer to my bank account number which will be used to pay the court fees? What exactly should I write here? or Can I just leave it blank?]"

 

For "Value" and "amount claimed", not a fixed or specified amount of money to be recovered as I am currently still being charged by the company until I win my case and have all my previous payments refunded. In this case can I simply write [expect to recover no more than £xxxxx] in the "Value" section, then tell the court [i expect to recover court fees and previous payments made to the company] in POC, and leave "Amount claimed, court fees, Legal representative’s costs" blank??

 

I believe that I have to send 3 copies of my claim to the local court as one will be for the court, one for the defendant and one for me right? Do I have to send any documents to support my case at this stage?

 

Thank you in advance for all your help. :-D

Edited by Abbtt
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Thank you Rebel11. It really helps me a lot. Just one last question, Fee Account no. [Does this refer to my bank account number which will be used to pay the court fees? ] Cannot seem to find any information regarding this part. Thank you.

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It can't be your bank account account number, reason is 'where would you put your sort code'? That box is an addition to the N1 Form, I think it's for the Court to fill in, I'll double check for you.

 

Thank you Rebel11. It really helps me a lot. Just one last question, Fee Account no. [Does this refer to my bank account number which will be used to pay the court fees? ] Cannot seem to find any information regarding this part. Thank you.
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That N1 if you are issuing through Salford manually...if its a money claim issue through MCOL

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

Regards

 

Andy

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It can't be your bank account account number, reason is 'where would you put your sort code'? That box is an addition to the N1 Form, I think it's for the Court to fill in, I'll double check for you.

 

Thank you. :whoo: I've tried to google it but cannot seem to find anybody ever mentioned it before. On the form it seems that there are only 2 sections that needed to fill in by the court which are Claim no. and Issue date.

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That N1 if you are issuing through Salford manually...if its a money claim issue through MCOL

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

Regards

 

Andy

 

Thank you Andy, for sharing the link with me.

I personally do not want to raise the claim online but via post.

And I just really have no ideas of what this Fee Account No is referring to.

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Thank you Andy, for sharing the link with me.

I personally do not want to raise the claim online but via post.

And I just really have no ideas of what this Fee Account No is referring to.

 

 

 

 

 

 

 

 

Leave it blank. It's not for individuals to worry about.

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  • 3 weeks later...

Hi,

 

I posted the N1 form (3 copies of everything and the postal order) to the court on 23rd May and expected one copy would be returned to me with my case number on very soon.

 

It's been more than a week, and I've still received nothing back from the court. I am quite worry at the moment and wondering if it has got lost in the post.

 

I would just like to ask if anybody knows how long in general it takes to receive the case number from the court please.

 

Any help will be greatly appreciated.

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threads merged

 

please keep to one thread

 

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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Hi Abbtt

 

You need to stop worrying, it's only been 5/6 days, that's if you believe they open envelopes immediately, they probably sit there for a few days, so it's almost zero days.

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What Court did you send it to?

 

Are you sure you paid the correct fee?

 

If it was the County Court Money Claims Centre in Salford then you need to give them a bit more time. Usually a 2 minimum turn around time.

 

Yes I sent it to the County Court Money Claims Centre. I am sure I paid the correct fee as I posted the form in the post office.

 

threads merged

 

please keep to one thread

 

dx

 

Thank you!!

 

Hi Abbtt

 

You need to stop worrying, it's only been 5/6 days, that's if you believe they open envelopes immediately, they probably sit there for a few days, so it's almost zero days.

 

Thank you. This is my first ever money claim, and I have no ideas of how long the court takes to register and process my claim, and am worried whether the court actually received the form.

I think I will just have to be more patient and wait for a few more days.

 

Thank you for all your helps

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Hi Abbtt

 

You need to stop worrying, it's only been 5/6 days, that's if you believe they open envelopes immediately, they probably sit there for a few days, so it's almost zero days.

 

That's complete nonsense.

 

All letters are opened by the court and if there is a cheque etc then it is dealt with on that day.

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Where have I said they aren't opened, I am saying they aren't opened immediately, I suspect it depends on the staffing levels, it doesn't matter if there is a cheque or not, it's to do with the volume of claims. So there's someone sifting the mail looking for the envelopes with cheques, lol.

 

That's complete nonsense.

 

All letters are opened by the court and if there is a cheque etc then it is dealt with on that day.

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Where have I said they aren't opened, I am saying they aren't opened immediately, I suspect it depends on the staffing levels, it doesn't matter if there is a cheque or not, it's to do with the volume of claims. So there's someone sifting the mail looking for the envelopes with cheques, lol.

 

 

 

All post is opened on the day it is received by the Court and does not sit there for days unopened like you said.

 

Applications or Claim Forms etc with cheques are pulled out and dealt with that day.

 

The rest of the post goes in a pile to be dealt with in date order.

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Where have I said they aren't opened, I am saying they aren't opened immediately, I suspect it depends on the staffing levels, it doesn't matter if there is a cheque or not, it's to do with the volume of claims. So there's someone sifting the mail looking for the envelopes with cheques, lol.

 

All post is opened on the day it is received by the Court and does not sit there for days unopened like you said.

 

Applications or Claim Forms etc with cheques are pulled out and dealt with that day.

 

The rest of the post goes in a pile to be dealt with in date order.

 

Thank you, for all your help!

I will wait until next week Wednesday.

Hope that I will receive my case number from the court soon.... :-)

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