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    • I spoke to a pro-bono entity this afternoon.  They advise I must initiate a claim in the court v the receiver if I want to then file an application for an order for sale.  I must have a claim/ proceedings to be able to force a sale. The judge in the current proceedings  has told me that I cannot force the lender to sell and the lender cannot interfere either.   If the receiver isn't acting correctly and isn't selling - this means I must make a claim against the receiver
    • Thanks Dave It's not too far away, about 8 or 9 miles, so I will probably venture over on my bike if I can't think of a good reason to drive there again! I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park. The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.
    • As they have failed to deliver their original PCN you will need to send them an SAR where they should provide that PCN. It should show the address they used . If it is not your current one that would explain the non delivery. If it was correct then perhaps the Post office messed up. A more cynical view would be that UKPC didn't send it so that you couldn't claim the reduction. It appears that UKPC have been there for some time  but I have been unable to find any pictures of their Notices.The leisure park itself is pretty big so while some parts maybe give 5 hours free parking other parts may have restrictions like permits. I haven't been there for years -I went  to Nandos and the bowling centre . I am surprised that they are now infested with UKPC as the place is plenty big enough not to require their dubious services. If you live not to far away it would help if you could get some legible pictures of their signs. Be carful to park in an area that doesn't require a permit and take photos of the entrance signs, the five hour sign and the permit only sign as well as any other signs that are different from the previous signs. Also if their is a payment machine could you please photograph that.
    • This other entity doesn't know what's going on.  To be clear I had huge equity.  No-one would ever expect a lender to erode all my equity.  The question is - if anyone knows the legal answer - on the basis they have a charging order - could they make an application for an order for sale?  
    • Is this place near to you? I ask for two reasons. If you can easily go back, then get photos of the signs.  On GM and Parkopedia there are various comments about the signs being pants. Also go back to the school uniform shop and ask the manager there for contact details for the retail park (which I've Googled & Googled and got nowhere).  The school uniform shop will just be tenants of the retail park, they won't be able to do anything.  It will be the retail park that called EPC in, and we've seen loads of cases where the organ grinder has intervened and called off the monkey.  As for EPC, aye, ignore them until LoC stage.
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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  • 2 weeks later...

Just a little update - been away on holiday for the past couple of weeks so haven't had any progress whilst away. I called the courts today and they have made a note to get it hurried up a bit. She said there are big delays at the moment due to the amount of claims, but I should expect to hear something in the next 5-10 days. And DG haven't submitted their AQ either, so have called Kate and left a message to ask why. :)

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  • 2 weeks later...

I'll post a nudge letter today, hadn't posted one in a while. I've left messages for Kate/Rachel too. Called the court, it's finally been referred to the judge for his order, which happened on the 26th of April, anyone got any idea how long it'll be before the order will be received?

Thanks!

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ringing is a bit self defeating - we decided this awhile back - it can almost become harassment if done too much. so, nudge again.

as for anything coming from the courts - it is up to each individual local court as to how they deal with these claims - you may or may not get a court date, an order to produce info, an aq, etc. and some courts are requiring the aq fee if the court allocates the claim into a track even without doing an aq - so if it's been "allocated" you should ring your court to see if an aq fee is due. (add it to your claim - if you happen to end up paying the aq fee)

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Kattah - I am ringing and leaving messages, I am emailing and writing and getting no response at all - my court has now outsoursed th admin because there are too mnay claims for them to deal with - so though the district judge looked at it and made an order on 17th April I still have no idea what he said... I want/need this money - I am collecting further charges because of this delay!

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I have just (16.00 on 2.5.07) had a lovely call from a lady called Michelle at DG - she was polite and nice natured and said she has dug my claim out - it was not far from the top of a HUGE pile anyway but they will look at it in the next couple of days and I should have an ofer by the start of next week.

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Helen,

I had exactly the same call today, after I'd called and left a message. Makes me wonder whether they're using it as a 'get us off their backs' technique or whether they mean it. :)

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i've been thinking the same thing, pete. maybe they got some help in there - and i've also seen a couple of wins this week from hsbc offering before the claims are filed with full offers - that's a change!

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They have a few more people in the office, I've spoken to 2 different people who aren't the usual rachel/kate/debbie etc.

 

Lets hope it's true and I'll be getting an offer through, would be great! Especially as we've just bought a house, could do with the extra cash. :D

 

Helen (whatawoman) and myself are on the same timeline with our claims, so it could be why we had the same response. :)

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