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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Repaying Tax Credit Overpayment with a lump sum


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I have been repaying my tax credit overpayment (from 2011-2013) at an agreed rate for the past 3 years & have another 7 to go :(

I may be on a position to clear the remaining debt with a lump sum payment in the next few months - does anyone know what happens then?

Will I drop off the Tax Credits system? (I no longer qualify to claim due to income) or

Will they assume I have access to endless cash & check claims prior to 2011 (they already know I can't prove an alternative address for my ex husband for this time) in the hope of reclaiming more money?

 

Also, as I was charged a penalty will my records have a 'fraud' marking? I was told this by the overzealous caseworker who sent my enquiry letter but have read elsewhere that if Tax Credits consider it to be a fraud case they would have done an interview under caution.

 

I really want to repay what I owe & never have to deal with them again but worry that by raising a lump sum I will trigger more interest.

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Paying a debt over a long period could cause more issues.

 

Repaying in a lump sum will clear the debt, but you may have a marker put on your file. If you can afford to pay it off then I would. If you are in receipt of other benefits you would have to declare that money if it is finally yours...

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Data sharing is the norm now so all agencies could get to see it.

 

Longer time paying means less cash each week/month.

 

Clearing a debt faster is only advisable if you can afford it. If not continue at the rate as arranged..

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The money will be a loan from family so I will have to repay but without the annual repayment review!

I have recently started work for another government department - do you think info will automatically be shared with them or only if they ask?

It's taken a long time to get my finances/life back on track & now worry I could lose my job if it looks as though I committed fraud.

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There could be a danger of the HMRC getting an attachment of earnings (AoE) against you as you may be able to clear the debt quicker this way. (A possibility)

 

Then if they do your employer will be notified, as they would have to deduct it from your salary. So with 7 years to pay would you prefer it over and done with or repay family members?

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I do want to repay ASAP & hadn't considered them doing an attachment - I will call them as soon as I have access to the money & hope that will be the end of it.

Even without the loan I would be able to increase payments & clear the debt within 2 years but don't want to be on their 'active' case list any longer than necessary!

Thanks for replying.

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That makes sense Blonde bubbles as the system will need to flag up the record if another claim is made.

 

Once an overpayment is repaid in full do you know if they ever revisit the claims & check earlier years?

They already know that I can't prove my husband's whereabouts prior to 2011 & if I pay them a lump sum there is no way I can afford a further overpayment & repay the family loan.

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