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    • 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
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    • 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! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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discussion thread - Judgment granted then DG tries it on....


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It does not say what the hearing is for on the notice but attached to it are the n244 application and the witness statement which says "Dg solicitors itnd to apply for an order (1) the order dated 9th august 2007 (apparently issued on (9th august 2007) requiring that the defence be struck out and judgement entererd for the claimant ( in response to the order dated the 24th july 2007 requiring that unless the defendant files at court an allocation questionaire by 4pm on 6th aug the defence be struck out be set aside and the defence reistated on the basis of CPRr3.3(5) setting aside order made on courts own motion or CPRr3.9( relief from sanctions or CPRr3.1(2)(a)(extension of time )or CPRr3.1(7) (power to revoke or vary order)--------------Because they are saying that they filed their A/q on the 9th because of the volume of cases they are having to deal with and that the court told them to file an AQ on the 24th july and th test case was announced on the 27th july and that the strike out order was made onthe 9th aug and that to the best of teir knowledge they received it on the !6th that they had made the application in the time allowed --7 days

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and the court will probably allow it - the request - that is - now it's up to you to show the judge (hopefully a sympathetic one) that this is just their way - they have never responded and had no intention of responding until their hand was forced and now they are relying on the oft waiver - well it doesn't fly with me - let's hope the judge sees it that way too. again, i'd include a detailed list of deadlines, communications, etc. showing how they just plain don't do anything until forced to.

and here's a link to the oft q & a where it says the it's up to the judge - it's not a matter of the judges must stay every case by no means and also (and i don't know the link for this) where the mor says cases already in the system should be adjudged on a case by case basis with no automatic stays.

 

Questions and answers for OFT test case announcement 26 July 2007

 

12. What happens to those wanting to, or in the process of reclaiming charges while the case is going on?

It will be for the courts to decide in relation to claims made to them.

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"Following a request from the OFT and the banks to put a stay on all Bank Charges cases (i.e. to halt them until the test case is finished); the Master of the Rolls decided not to issue an order staying all outstanding cases.Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate.

 

Designated Civil Judges are the senior circuit judge responsible for a group of courts. (S)he may agree arrangements with the district judges sitting at each individual court. Therefore whether as case is stayed or not is a matter for the Judge in the individual case."

Is that what you were looking for Lat?

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OMG!!!!!:eek: Audrey, can you edit that picture out? It is giving me neck ache trying to read this thread!!!! I have the settings to show 60 posts per page so there is only 1 page to this thread and its 14 feet wide!!:D

 

what the hell are you using for a VDU... 14 feet wide ???

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Haven't you sobered up yet, Auburn ?? LOL

 

How was it for you?:D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I dont drink johnny..............lol very very rarely................ and I had to drive back this monring....... so even then I owuldnt have had a lot ........... it was awesome............ all i need to do is find out how you put a quot perm on my profile.:):) hope you had a good weekend.........:)

rockin all over the world

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it was bril freaky:):)) i lvoed every min of it and hey any excuse to get a pair of leathers on................ actually my ears were fine.......... even although I was very close to the fornt............

 

i meant permant quote............lol...... did ntothign for my typing eh? how are you feeling dear boy?

rockin all over the world

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