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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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      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.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DWP Complience Interview


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I claim housing benefit, CT and DLA. I am mobility impaired/housebound and also suffer agorophobia and panic attacks.

 

 

Back in April I got a message to go to a compliance interview at local jobcenter about my HB. I wrote to explain that I am mobility impaired and suffer agoraphobia if I leave the house. I only go out to essential medical appointments.

 

 

The letter asked if there had been any change of circumstances I had not reported to the local council. If so I was to discuss it with them. On examining my paperwork from with local council I discovered that they did not receive the statement I believed I had sent regarding a new occupational pension. I quickly sent them the paperwork, they recalculated my entitlement and I had to pay back an over payment of about £300 which I have now done.

 

 

I was unable to reach him by phone (always voicemail) wrote to the compliance officer explaining all this and holding up my hands that I had been careless. I emphasized that I was too ill to attend an interview in a busy jobcenter. I sent all the paperwork they asked for and a full explanation. I emphasized that having to attend such an interview would probably bring on a full panic attack. I also emphasized that there was really no point as I had squared matters with the local council and the overpayment had been repaid. In due course the docs were returned and I heard nothing more. Obviously I thought I had heard the last of it.

 

 

Ive just received an identical letter asking me to go to a different job center- this time further away. I am pretty upset because there have been no other changes of circumstances I have not reported. I though this was all put to bed 6 months ago but obviously someone forgot to put a tick in the appropriate box.

 

 

In my previous letter I said I was willing to do a phone interview or a home visit but I never got an actual reply - just my docs returned.

Ive tried ringing the number on the letter but it just goes to voicemail. I dont really want to talk to anyone on the phone as I am apt to panic in these circumstances.

 

 

I am inclined to more or less write the same letter – emphasizing the risk to my health – and enclosing my previous letter which explained the circumstances of why and how I repaid the overpayment. I have a friend who says he can drop it in at the jobcenter so they cannot claim I did not contact them.

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Agree that you should write back as you suggest. If you have a Doctor who can write a letter on your behalf, you could offer to obtain a Doctors letter if they require one.

 

You could ask them why they require this compliance interview and what information they might require. Advise that if given this information, you can then request the information and send it to them or if they arrange a home visit, you can provide it, if enough notice is given of such a visit.

 

The interview request might not be connected to previous pension issue. It might be a review of your benefits to see whether you are claiming the correct benefits. 

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Ive already drafted a letter saying that I believe they were given the relevant documents and information last time so I can see no point in being put into a situation which will damage my health. Ive stressed my mobility issues and lack of transport and also offered to do a phone interview if they simply want to hash over old ground.  This just sounds to me like some jobsworth. And why a totally different office from last time? This one is even further away than the previous one they wanted me to visit.

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I phoned up the office just now and asked about the reason for the letter. The poster who said it might not have anything to do with my pension was correct - it concerns another issue which I was able to explain. The compliance officer was very nice and because of my mobility and agorophobia issues has swapped it to a phone interview at the same time. Because he explained to me what it was about I will have time to assemble certain documents before hand.  I can look through them and anticipate what he is likely to ask. I also told him I was happy to send him by post anything he wanted to see in person.

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