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Just out of curiosity aesmith - are you a lawyer? -
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 I could initiate a claim. Or much quicker - the other entity - with a charge already - could use that to make an application for an order for sale.
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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. -
By lookinforinfo · Posted
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?
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
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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.
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