Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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
        • Like
  • Recommended Topics

Advantis credit chasing old Sky TV 'debt'


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2966 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi I have just moved back into cheshire 14 months ago

 

In fact i have moved back to the same address I lived at before moving Out of the county INTO Kent..

 

i have received an email from ADVANTIS stating i owe them £120 for an outstanding debt

which belonged to sky entertainment LTD..

 

I explained to them via email that the missed payment 19.01.2011 i was living in kent,

 

i have documents showing that i was joint tennant of a council flat,

i also have papers showing all our rent payments

i have document showing i have just signed a joint tennacy back where i was

Prior to me uping stakes and moving on...

 

Hope this is clear so far?

Advantis got back to me saying

 

Please contact us with regard to repayments if you wish to discuss this matter please phone our Very helpful team,

if you wish to dispute forward any relevant documentation.

 

The account has been put on hold for 14 days.

 

Any advice please,

 

 

i get the feeling they dont give a monkey's as long as they get money

Link to post
Share on other sites

Hi and welcome to cag,

 

so you moved to kent and left an outstanding sky bill of £120 from 19/1/11 and moved back to current address recently.

 

The fact you were emailed means yr address is irrelevant at this point, yr email address remained the same i presume and can be contacted from anywhere you choose to live.

 

So, about this outstanding amount due to sky. Can you explain the circumstances surrounding this part please?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

Hi and welcome to cag,

 

so you moved to kent and left an outstanding sky bill of £120 from 19/1/11 and moved back to current address recently.

 

The fact you were emailed means yr address is irrelevant at this point, yr email address remained the same i presume and can be contacted from anywhere you choose to live.

 

So, about this outstanding amount due to sky. Can you explain the circumstances surrounding this part please?

 

Hi when i was living with my wife in 2002 i must have got sky out in my name.. IN 2007 i left the marital home, but she continued to have sky in my name until 2011. Which was the last payment made by her to sky.. since 2011 she has changed to talktalk. Which is in her name.

 

So is it my fault for not cancelling sky before i left, ?

 

And this is the first time i have heard from any debt agency

Edited by Sober as a judge
Link to post
Share on other sites

Ok its a little clearer now, regardless of where you were living at the time, you allowed yr wife to continue to use yr account so its still yr debt unfortunately.

 

That said, do you know how the £120 owed is made up. Are there any charges to reclaim etc. It doesnt seem to be about remaining contract charges.

 

Have you spoke to sky about it? Worth a call i think, they are keen to keep customers and have been known to write off previous balances if you re sign as a customer with a new contract.

If you wanted sky services again, its a way to get it sorted is all im saying.

 

The alternative is to send SAR to sky to fight it.

Edited by Andyorch
edit CCA reference

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

Have they sent anything via letter yet. Cos all they've done is email an email address they had no idea that's in use. They sent a threatogram and you responded. I'd be inclined to ignore unless you get an actual letter that says they WILL do something, or a lba.

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

:D

Link to post
Share on other sites

Have they sent anything via letter yet. Cos all they've done is email an email address they had no idea that's in use. They sent a threatogram and you responded. I'd be inclined to ignore unless you get an actual letter that says they WILL do something, or a lba.

 

Yes i did get a letter saying they have bought the said debt from cabot and now they are the owners of the debt

 

I responded by email so they emailed back after i got their initail letter

Edited by Sober as a judge
Link to post
Share on other sites

so it gone from sky to cabot and now advantis

 

urm...pass the toxic debt.

 

I think i'd ignore unless they issue a court claim.

 

don't forget a DCA is not a bailiff!

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... 

Link to post
Share on other sites

Yes i did get a letter saying they have bought the said debt from cabot and now they are the owners of the debt

 

I responded by email so they emailed back after i got their initial letter

 

Time to ignore them until something of actual substance comes along like DX says. You responded to a phishing letter, theyre rubbing their hands and thinking. "got him!"

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

:D

Link to post
Share on other sites

Time to ignore them until something of actual substance comes along like DX says. You responded to a phishing letter, theyre rubbing their hands and thinking. "got him!"

 

Ok i ignore surely is it worth them taking court action for a lousy one hundred and twenty pounds ..?

Link to post
Share on other sites

If it was going to court, it would have already done so by now. It might in the future but unlikely. They still have to follow a set procedure before it gets anywhere near a court.

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

:D

Link to post
Share on other sites

are they writing to your present address

and you have at some point replied?

 

 

so they know your correct address and cant try a backdoor CCJ?

to an old address?

check that loophole is closed

then relax.

 

 

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... 

Link to post
Share on other sites

are they writing to your present address

and you have at some point replied?

 

 

so they know your correct address and cant try a backdoor CCJ?

to an old address?

check that loophole is closed

then relax.

 

 

dx

 

Yes they now know my current address, which is the original debt address,. But nobody has wtitten or corrisponded to my current address for a least 3 or more years

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...