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    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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ESA and Carers Allowance


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I am on ESA for anxiety (GAD), depression and ocd and

 

last January won my appeal with the tribunal and was put into the WRAG group.

 

I have been attending for the past year and not missed an appointment.

 

Recently I have become my Mums full time carer and am in receipt of carers allowance

and a carers premium on my ESA.

 

I volunteer for a charity shop 2 afternoons a week on days when my sister

is not in work so she can sit with my Mum, just something so I can have a break.

 

I have recently got a new adviser at A4E and only met her once last month at my latest appointment.

 

She booked me on a CV writing class which was last week.

 

I called up to rearrange as from the Monday to the Friday

I didn't leave the house once as Mum was poorly so I needed to be there.

 

Today I got a letter to say she has rearranged the appointment for next Friday morning.

 

I told her last appointment when I met her my old adviser never booked me appointments on Fridays

as she knows it's the afternoon I work and apart from being incredibly anxious everytime I go to work

I cannot get anyone to sit with my Mum Friday morning and she said she won't book me in on Fridays for anything.

 

I am the only person who cares for Mum, my sister is the only other family we have and she works 4 jobs!

 

When I have notice of usually a month we can juggle something but this time I can't

as she is working till 12pm on the Friday and my appointment to do the CV class is 9.30am!

 

I am going to worry myself sick now for the next week as I have my next wri on the 28th

then the CV writing class 31st 9.30.

 

So worried as no one to sit with my Mum but if I don't go to the CV class I will be sanctioned.

 

Just feel under so much pressure when I am trying to do everything possible to every appointment.

 

I am so closed to being £120 worse off by going on income support

just to stop this added pressure even though I will be in massive debt if I did.

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I am on ESA for anxiety (GAD), depression and ocd and last January won my appeal with the tribunal and was put into the WRAG group. I have been attending for the past year and not missed an appointment. Recently I have become my Mums full time carer and am in receipt of carers allowance and a carers premium on my ESA.

 

So you are on the Work Programme as an ESA(IR) claimant - At the time of entry, you would have been a mandatory participant subject to the sanction regimes and other nastyness.

 

As you now have full time carer responsibilities (more on this in a sec), you move to one of the voluntary groups as listed in Annex A of https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264161/wp-pg-chapter-2.pdf - What you must do is to write to the DWP and inform them of a "change of circumstances". This need be no more than a simple:

I am now a full time carer for Mrs Anxious with all the attendant responsibilities. I kindly suggest that you inform A4e as a matter of urgency that I am now in one of the voluntary payment groups as per your provider guidance.
Now, the DWP will probably ask what level of care you are providing - Simply keeping an eye on an elderly and frail relative does not count. If your mum requires assistance in preparing meals, getting dressed, bathing, and other personal matters, it all counts. Are you registered with the local Adult Social Services department ?

If not, I'd recommend doing so as soon as possible.

 

As for the immediate problem of the CV writing course on Friday, you don't have much time. Write (either email or 1st class post) to your adviser (if using email, CC the branch manager) and state that due to care responsibilities, you are unable to attend and the session should be rebooked for another day (also point out that they are well aware of other commitments on that day, and ignoring them demonstrates a degree of negligence on their part) - If they say "yes", you should avoid a sanction, but that is not guaranteed... Or ask that they provide replacement care for your mum (the answer would be 'No'). One last question, does the appointment letter for this "course" conform to the example set out in Annex 4 of https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264163/wp-pg-chapter-3a-22-october-2012.pdf ?

 

If the appointment was verbal, via email, or text, then it is not mandatory - Appointments must be made in writing and the letter either handed to you or posted "in good time".

Edited by Mr.P

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Now, the DWP will probably ask what level of care you are providing - Simply keeping an eye on an elderly and frail relative does not count. If your mum requires assistance in preparing meals, getting dressed, bathing, and other personal matters, it all counts.

 

By awarding CA the DWP has already accepted that missanxious is providing 35+ hours per week of care for her Mum. JCP staff should be able to verify the CA award if necessary.

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By awarding CA the DWP has already accepted that missanxious is providing 35+ hours per week of care for her Mum. JCP staff should be able to verify the CA award if necessary.

 

Point taken regarding the CA award. The JCP/DWP should have also notified A4e that missanxious is now in a voluntary payment group and therefore not subject to the threat of sanctions. In her shoes, I would still be writing to the DWP urging them to notify the provider of the change.

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Point taken regarding the CA award. The JCP/DWP should have also notified A4e that missanxious is now in a voluntary payment group and therefore not subject to the threat of sanctions. In her shoes, I would still be writing to the DWP urging them to notify the provider of the change.

 

Agreed. They should have notified A4e, but odds are they haven't.

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Thank you so much for your replies and help, I appreciate it.

 

I just assumed because the DWP had adjusted my payments with a carers premium as I am now getting carers allowance the Jobcentre would know this? And because nothing has changed with A4E I assumed nothing would or could? I mentioned at my last appointment I am a carer for my Mum but didn't mention I was getting carers allowance. Should I mention it at my next appointment on Tuesday as I have been getting carers allowance for a few months now. Other than when I called the DWP ESA department to let them know so they could adjust my money I haven't told anyone else as assumed everyone to do with my benefits like Jobcentre and A4E would be informed?

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Follow Mr P's advice. While it's reasonable to expect that the DWP departments responsible will talk to each other and A4e, in practice it doesn't happen. However, now that you are a carer, you are no longer a mandatory participant in the Work Programme.

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Oh and do I write to DWP in Preston as that's one I deal with or my local Jobcentre please? Thank you again for your help

 

It's your local Jobcentre that deals with Work Programme issues, generally.

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You may need to find out if the local JCP office has a Work Programme liaison officer that normally handles this kind of thing. Failing that, go for the Third Party Provisions manager.

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