Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
  • Recommended Topics

Quick bit of advice needed


Pirus
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6209 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi there,

 

A used to have a bad gambling and shopping addiction and ran up debts of about £50,000 on cards and loans. The banks have stopped calling me, the letters about debt keep coming and saying they are going to take further action etc etc if they can not get hold of me will they declare me bankrupt without me being in court etc?

 

Its been just over a year since I stopped making payments towards the debt as I lost my job and couldnt afford to carry on paying them. Does anyone know how long it usually takes for them to declare you bankrupt and how long it will last for?

Link to post
Share on other sites

Pirus,

 

This is a very informative site about bankrupcy (link below).

 

The Insolvency Service Website

 

What you have to consider is how long is it really going to take you to pay all this back? Bankrupcy is an extreme final anwer to things, but if it suits your situation it might be the better option. I think a bankrupcy lasts for up to 3 years.

 

Have you checked out the Consumer Credit Counselling Service? (Link below)

 

CCCS - Contact Us

 

 

phone.gif

Consumer Credit Counselling Service,

Wade House,

Merrion Centre,

Leeds,

LS2 8NG.

 

They're a registered charity, I can't speak more highly of them, their service is free and they are completely respected within the finance industry.

 

Good luck & best wishes, Dave.

Link to post
Share on other sites

Hi there,

 

I have no way of paying the money back at the moment and after the way the banks treated me piling the pressure on when I needed a little time to get the funds together and adding charges to my cards, bank and loans I dont really want to pay them back now.

 

I have numbers for a few places that offer advice but I hate talking on the phone, I dont know just seems awkward for me and thats why I end up on forums :)

 

Thanks for the advice though, I guess I will just have to push my self to call one of these places and see what they say.

 

If the banks didnt declare me bankcrupt what would they do? Just keep bugging me for the money?

Link to post
Share on other sites

Yes they probably would or may apply to court for a CCJ.

 

You mention charges - how much do they think the debts could consist of unfair charges? It could potentially considerably reduce your debt. Why don't you SAR your creditors to find out exactly how much the debt consists of charges and then claim them back? Although it won't give you money in your pocket, it may significantly reduce your debt and once it's a smaller amount, they may be more inclined to take a smaller amount monthly in order to pay the remainder off.

 

It's highly unlikely that the situation will go away, but if you act now you may be able to get yourself into a better bargaining position with your creditors and stop the stress and worry.

 

You can also visit the CAB with an income/expenditure sheet and they will help you negotiate an affordable amount to pay back each month.

 

Remember, they cannot pressure you to pay more than you can actually afford - even if that is a token payment of £1 per month.

 

Do you know how much you owe each of these guys?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

I think my debts were:

 

HSBC: 23,000

Egg: 18,000

MBNA: 5,000

Capital One: 200 :)

Citibank: 1000

Littlewoods: 1250

 

I am unemployed at the moment, not even signing on I am living at home with my parents and they have been good enough to support me through this bad time.

 

Maybe 6 months ago I was stressed and worried but I am no longer, I realise that the worst that can happen to me is that I will go bankrupt, you get all strange ideas into your head when the first letters start coming through but I am past caring now.

 

I have sent letters to 2 banks for bank accounts only nothing to do with the credit cards or loans. The way I see the loans is I cant afford to pay them so even if I did try and claim the charges back to reduce the loan I still wont be able to afford it and the same outcome will happen.

Link to post
Share on other sites

hello there.

 

if you do choose to go down the bankruptcy it is likely that the official receiver will impose a Bankruptcy Restriction Undertaking (BRU) on you. This is due to the gambling, it is viewed as culpable conduct. Usually you would be discharged within a year, however you may have further restrictions imposed on you from anywhere between 2 and 15 years. The insolvency service website is a really good resource and well worth a read.

 

You should also contact CCCS or one of the other debt help charities too.

 

The Insolvency Service Website

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...