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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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    • 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.

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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.
      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
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Dependence on prescription medicines linked to deprivation


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Dependence on prescription medicines linked to deprivation

 

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PHE has published the first-ever evidence review of dependence and withdrawal problems associated with 5 commonly prescribed classes of medicines in England.

 

The Prescribed medicines review assesses the scale and distribution of prescribed medicines – and makes recommendations for better monitoring, treatment and support for patients.

 

It uses available prescriptions data, a literature review and reports of patients’ experiences.

 

A total of 5 classes of medicines were included in the review:

 

-- benzodiazepines (mainly prescribed for anxiety and insomnia)

-- Z-drugs (insomnia)

-- gabapentinoids (neuropathic pain)

-- opioid pain medications (for chronic non-cancer pain such as low back pain and injury-related and degenerative joint disease)

-- antidepressants (depression)

 

READ MORE HEREhttps://www.gov.uk/government/news/dependence-on-prescription-medicines-linked-to-deprivation

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Note that these are the medications that GPs will prescribe for anything you go to them.

I always questioned why I needed to take antidepressants for back pain and their best answer was: they block the brain from feeling pain.

In other words, we make you stupid and in the mean time as you don't understand that you have pain, you damage your back further. 

Never touched that stuff.

When I decided nhs was not for me I found that private consultants don't prescribe many medications,  but have a better approach in trying to fix the cause of the pain rather than mask the effects with drugs switching your brain off.

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Wow, some major assumption there.

 

Firstly that the meds will mean you will become so insensitive to pain that you will cause further injury : unlikely.

 

Secondly that the antidepressant make you “stupid” (and / or that they are being used as an antidepressant at all!)

Low dose amitryptyline is indeed used for back pain (and at doses below those used for its antidepressant effect)

https://www.nhs.uk/medicines/amitriptyline-for-pain/

 

They probably worked out you were dismissive, so didn’t bother going into detail if they felt you weren’t listening or willing to try it anyhow.

 

Then again, what does your GP know, anyway?.

5 years of med school, at least 5 years post qualification, and then any number of years once a fully qualified GP. Yet, you know better.

 

it doesn’t “switch your brain off”. Mind you, from some of your posts .....

Edited by BazzaS
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Well, if you could read for longer than 6 seconds you would have got to the point in which I said I never took those drugs.

So all that comes from me is a natural talent 😂

Also, you could have noticed that consultants (possibly more qualified than GPs?) looked and found a solution to the root of the problem,  not some masking palliative to turn off the pain.

32 minutes ago, BazzaS said:

Firstly that the meds will mean you will become so insensitive to pain that you will cause further injury : unlikely.

I shall say that to a couple of my colleagues who after years of "feeling great" had to come off the brain pills prescribed for knee injury and found themselves on the operating table (eventually at NHS pace) for knee AND hip replacement as they kept on walking and running on injured joints.

 "it only hurts in the morning" (incidentally when the pills effect has worn off).

 

NO thanks!

I rather pay and get the cause of the pain fixed rather than the pain itself.

Having experienced that myself,  my son didn't mess about and got his back sorted before it was too late.

He too was told that he had to be on "pain management" pills for the rest of his life.

What a lot of bollox!

 

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For SOME people, the pain meds allow things like physio, and avoid interventions.

 

For those who go on to surgery, some get cured and some get worse : surgery  has risks.

 

Yet again : you extrapolate your (limited!) experiences and apply them to everyone as “gospel”

 

it was that that made me consider if your brain wasn’t considering other possibilities: it was clear from your post you were too narrow-minded to fully appreciate your GP’s advice.

 

Specialists are specialists ; they see the cases that reach them.

GP’s are specialists in being GP’s : they prevent the specialists getting overwhelmed with people who don’t need them.

”The wizard and the gatekeeper”. From ? 1989?

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It’s because there is no medicinal cure for what one GP coined ‘sh!t life syndrome’. It’s perfectly reasonable that someone struggling with lots of external factors beyond their control would have physical manifestations of their difficulties. Unfortunately the pills don’t cure financial problems, mend broken hearts or fix Rocky relationships but the pain these things, and more, can cause is very real indeed. 

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  • 2 weeks later...

There are lots of reasons why these drugs are more commonly prescribed in more deprived areas, addiction is of course an issue but it is not the cause. The vast majority of working people in deprived areas are in jobs where they are more likely to have injuries or wear and tear that would require these medications - manual jobs are likely to lead to back pain for example. People in deprived areas are far more likely to suffer from depression for multiple reasons, some of which are obvious but also reasons like a lack of facilities, a lack of green space, job stress, an inability to take time off work; there are tonnes of reasons. The social determinants of health are really interesting, 'the Glasgow effect' is fascinating, although old research now I guess. People in more well off areas are likely to have more money and perhaps go for a massage to relieve stress, go to the gym or any number of other things they can do to improve their health simply because they have the money and facilities that people in deprived areas are less likely to have. Those in deprived areas sit taking medication whilst they wait on ridiculous waiting lists for the services that do exist in their area which are usually few and far between. Research also suggests that people from more well off areas are more likely to actively seek alternatives to medication such as talking therapies or physio than someone from a more deprived area (off hand I cant remember which piece of research this was but it was fairly recent). 

 

I referred myself to physio some time ago, waited a while then someone pointed out to me that I had access to physio through my job so I referred there I was seen the next week and started my course of physio which gradually reduced my need for painkillers. I forgot to cancel my referral for NHS physio and eventually an letter came to tell me I was high enough up on the list to make an appointment for three months time - that letter arrived at least six months or so after my original referral so that means it would have taken the best part of a year to be seen. That would have been almost a year of strong opioid painkillers. I was fortunate to have access through work, people in deprived areas are less likely to have access like this so they need to stay on the painkillers whilst they wait - what choice do they have? Should the GP not manage their pain while they are waiting for an alternative? 

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