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    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
    • China green-lights mass production of autonomous flying taxis — with commercial flights set for 2025 | Live Science WWW.LIVESCIENCE.COM The EHang EH216-S autonomous flying taxi is the first eVTOL ready for mass production and could lead the way for flying cars around...  
    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
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    • If you are buying a used car – you need to read this survival guide.
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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.

      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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
        • Like

Alasdair vs Lloyds TSB ** WON **


Alasdair
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Sent my prelim letter to Lloyds a couple of weeks back. Got an initial response to that which I am now replying in addition to send the LBA.

 

Got a laugh out of their argument

 

Quote "

 

You've mentioned the new guidelines from the Office of Fair Trading on credit card default charges. We don't agree with the OFT's thinking on this and were still talking it through with them. But the important point is that the guidelines are about 'default' charges that people pay when they break an agreement with us. The fees we charge for dealing with your request to go over your agreed overdraft limit are not default charges because you haven't broke your agreement. They are out prices for the service we provide in these situations.

"

 

Letter was from their recovery customer service. Not much a threat to a credit balance.

 

Alasdair

Alasdair

 

LloydsTSB - Settled unconditionally

 

 

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It doesn't matter what they call them, the charges are still unlawful and therefore reclaimable.

 

Good luck with your claim.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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Thanks Rooster-UK

 

I look forward to the day I can donate from the money I am reclaiming.

 

Alasdair

Alasdair

 

LloydsTSB - Settled unconditionally

 

 

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  • 5 weeks later...

:) :) Well thought there would have been a bit more delay before being able to post this, BUT last friday got the letter from LloydsTSB that they were settling based on the cost of defending an action, but without accepting the legal liability to do so. However no restrictions or confidence clauses were attempted either. Money was in the bank by the middle of the week. As most of my OD is interest free making the interest I pay nominal I think it may have helped offering to accept only full payment of the charges without interest if settled before the court papers were lodged.

 

Of to Donate my 5% now.

 

Thanks for all the info here and will adjust my sig tag later.

Alasdair

 

LloydsTSB - Settled unconditionally

 

 

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Brilliant - how much was your claim for?

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Thanks All

 

After I got the reply to the prelim which included the usual if we don't hear within two weeks etc they would close the complaint. I sent a reply to the person at the recovery department who wrote me saying no thanks to the FO as I didn't have confidence in them and had already chosen the route of action I would take. Told them not to bother closing the complaint as I would be persuing it to completion and informed them at the same time I had sent the LBA to the head office in Glasgow. Put to them that as the interest on the account is nominal if they settled before the two weeks was up I would waive any interest on the charges.

 

Was surprised to get the letter of settlement actually and had only been submitting the court papers on Cap1 the day before. I was also surprised that although they don't admit liability they never tried to impose any terms of their own on the settlement.

 

Next step is I will write accepting the settlement in writing but also stating I still agree with the legal argument I put forward & letting them know if they ever add charges at this level again I will persue the matter as a new case. Wanted to see the cash in the bank first before doing that & really surprised when by Thursday it had appeared. :-)

 

Keep going folks the only time they win is when you give in.

 

Alasdair

Alasdair

 

LloydsTSB - Settled unconditionally

 

 

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congratulations

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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**Well Done**

I hope mine is done that quickly......

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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