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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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Chess Ltd and True Telecom


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Around 18 months ago i agreed to a three year Landline and Internet contract with True Telecom,

which i soon regretted ,

 

The internet was weak and the lower prices that i was assured were not to be ( read the small print i suppose ).

 

A few months ago i saw a direct debit set up on my account from Chess Ltd ?.

I looked them up and asked who are you ?

I was told that Chess had taken over the service from True Telecom.

 

I noticed the service prices going up,

yet we hardly use the landline

and had the same weak internet router and service.

 

A couple of weeks ago i got a call from a broker who offered me a deal with one of the big providers for around a third of the cost and much better internet and i agreed.

 

A few days later i received a letter from Chess regarding the switch of service informing me of an early termination fee of over £400 pounds.

 

I contacted Chess telling their representive that i dont have any agreement with Chess

and was told that Chess purchased the account

and i would owe the amount,

 

I was then offered a deal of cheaper service though not as low as the amount on offer through the broker

and a new 18 month contract with Chess which was not on with me.

 

The new provider took over yesterday,

We now have much better broadband and the phone is ok.

 

Do i need to pay Chess at all and if so as much as over £400 pounds and if so can i pay instalments ?.

 

All advice welcome folks.

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http://www.truetelecom.com/ - Read the top of the page...

Then know that Ofcom and the ICO are owed substantial amounts of money.

 

You should be allowed to exit out of your contract accordingly if the company ceases to be.

 

How much did the prices go up by?

 

Did you agree to Chess taking over your services?

 

I doubt they would even stand a chance if this went anywhere.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Theyve sold off their customer base - Yet havent informed anyone that this is happening.

 

My understanding is that you should be allowed to exit a contract early if a company fails / administration etc

 

Do you have the original terms?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Im doing a search, One set of terms and conditions i dont have is from Chess as they never sent any, their early termination fee is £472

I will post True telecom terms and conditions when i find them.

 

Cancellation

If you wish to end your contract with us, You may do so by giving us at least 10 working days written notice before the end of any contract period, or the agreement end date.

 

The contract started in early February 2016.

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I am looking for the original letter which i saw a few days ago.

 

The brochure ssates that if i cancel early True Telecom can ask for the monthly fee up to the end of the contract be paid.

 

I have not found any paperwork with terms and conditions with my signature attached, and do not recall signing any, i believe it was done over the phone and i signed the direct debit form, it may be on that.

 

I have not found any paperwork with terms and conditions with my signature attached, and do not recall signing any, i believe it was done over the phone and i signed the direct debit form, it may be on that.

 

I dont remember getting a debit mandate form,

i beleive it was set up on the phone,

The new deal was set up on the phone,

So there is probably no signed T&C with True Telecom

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they wont know that you weren't told over the phone that you could cancel for free where you originally took the contract out:madgrin:

and they cant prove otherwise

so pers i'd ignore them.

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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https://www.theregister.co.uk/2017/11/17/ofcom_fines_true_telecom_for_slamming/

 

can't unless its already showing

they cant just create an entry to default you where its never shown as a running account already.

 

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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I have cancelled the Chess direct debit from my account,

the money has been coming out at the end of each month

 

i will wait and find out when Chess will be in touch,

I will pay them by cheque any money due for the part of the month up to the change over,

I will not be paying the so called termination fee.

I will post any information from them as soon as it comes in,

 

Thanks folks.

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it is not the transfer of undertakings that lets you walk away from the contract but the change in the charges.

 

They have to notify you of these and unless the changes are very small then it is not compulsory to accept them

and you can walk away from the rest of the contract.

 

let it run for more than a month and you will have deemed to have accepted them.

 

From what you say it seems as though you have not kept on top of this and you may now have problems

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I have received an email from Chess informing me that the bank has advised them that i have cancelled the direct debit,

with a survey included asking me the reason,

I have not replied,

 

Also an email from the Ombudsman Company saying the time is nearly up that Chess has replied to me and for me to answer Chess.

 

The only correspondence i have had from Chess was several calls left on my answer phone and emails urging me to contact to try and keep me as a customer.

 

No attempt has been made by Chess to resolve the issue of the termination charge that they claim is legally due to them.

 

The charges did go up,

do you mean that after a month of Chess taking over from True telecom and that i allowed Chess to continue, then i have to Chess accepted them as supplier ?.

 

Chess did not inform me of anything other than an email which i did not find until months later in my inbox,

 

the first i heard of them was when looking online at my bank account an invoice from Chess Ltd and i called to find out who they are,

 

I never signed or verbally agreed to anything to Chess. I was not happy with True Telecom service, weak internet and the same with Chess.

 

http://www.truetelecom.com/ - Read the top of the page...

Then know that Ofcom and the ICO are owed substantial amounts of money.

 

You should be allowed to exit out of your contract accordingly if the company ceases to be. How much did the prices go up by?

Did you agree to Chess taking over your services? I doubt they would even stand a chance if this went anywhere.

 

I have looked at the True telecom link you provided and called True Telecom, their claim is that they passed contract rights to Chess who should have got in touch with me, it looks a bit shoddy to me.

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they informed you and they dont have to do anything else.

 

That is why you have to keep on top of things by checking your bills and bank statements every month.

 

You accepted the contract when you paid the increased charges, not when they transferred the undertaking.

If you had got in touch with them inside a month after the new charges started/were announnced then you can walk away without breaking the contract.

 

They may be shoddy but they did the minimum they needed to do, one of the problems with using email and not letters.

 

Chess did not inform me of anything other than an email which i did not find until months later in my inbox, the first i heard of them was when looking online at my bank account an invoice from Chess Ltd and i called to find out who they are, I never signed or verbally agreed to anything to Chess. I was not happy with True Telecom service, weak internet and the same with Chess.
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I have received the latest Chess bill today online, over £58.00 to be debited at end of month ( i cancelled direct debit )

 

Some things i noticed that i never agreed to have.

Care level, Fraud monitor, Line assurance ?, Voicemail, I do not have voicemail.

 

This invoice is for Landline and broadband only,

We do not have any mobile phone or TV service with them.

 

All advice as always welcome.

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