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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • 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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      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.

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JSA stopped incorrectly and HB stopped


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I'm slowly working through all the myriad of problems that are stored up and trying to get myself back on my feet.

 

Last year I was on JSA. It was stopped as I failed to apply for a job. I wrote back to say that the job had been totally unsuitable and that I did not have the required qualifications. I have been fighting with the JC since then about this but they lie, refuse to answer questions or deliberately misunderstand. I am now at the stage of taking it to the independant claims assessor.

 

However, the stopping of JSA triggered my HB to stop. Also fighting the council about this.

 

Can anyone tell me whether the council are right to stop HB when JSA is stopped, as my award of HB was income based and my JSA suspension didn't increase my income, it stopped it.

 

For information I am close to the tribunal stage with the local council.

 

Lastly, has anyone noticed that the lower you slip down the financial scale the more organisations rely on maladministration to try and make you go away? Sometimes I think I'm going insane because it is by far the biggest problem in my life yet almost nothing appears about it in the papers.

 

So to clarify, I really need to know about whether the council were right to stop my HB because JSA was stopped.

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Hi I am not talking law with this just experience I was getting incapacity benefit and due to IB sending a form to wrong address so that I was unable to reply my IB was stopped. They informed HB that I was no longer in receipt of IB, HB then assumed that I was working so stopped HB. I found out about this set of circumstances after talking to someone in HB I would assume that the same practise would occur with JSA and HB. I had a struggle to get IB reinstated, but HB just said that as long as I paid same amount of rent etc as when in receipt of IB they would back date HB when IB was reinstated. It was approx 6 weeks before all was sorted.

 

The council can stop your HB due to there being notified of a change in your circumstances by JSA

 

all the best dpick:)

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Jobcentre Plus gives what benefits can be claimed while seeking employment, are you now claiming income support now your JSA has been stopped, it pays the same amount of benefit but is payable to persons of no income, reading you thread your JSA was stopped due to you not attending a interview over a year ago , this benefit is payable to persons actively seeking employment,( you failed to seek employment by not attending the interview ) if you can proof you are seeking employment re-apply for the benefit, otherwise if not doing so by now, claim income support....see the website for what benefits can be claimed in your postion...

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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HB is not dependant on JSA, but if you are getting income based JSA it does guarantee you full HB. This might be why they stopped it — your income is still low enough to get full HB but it is no longer guaranteed by way of the JSA, so you will have to prove your income separately.

 

Have you tried the CAB?

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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When the JSA dept stopped ur payments/benefit, it automacally informs the HB depts, hence this benefit stops also, untill you prove to them ur new form of income, you would have received a letter from the HB dept, informing you of the intended stoppage of benefit, giving you the time to hind to there request of proof of income/benefit. if ur claim from JSA goes to income support ur HB will re-start and will be paid from the date of the JSA stopping. hence no loss of HB just a pause.

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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  • 5 weeks later...

I work 40 hours a week and get about £180 after tax. My rent is £85-£90 a week. My partner was on jsa as jobs are really hard to get round our area. However now he has moved in with me they have stopped his JSA. He has NO other income. Now i am having to pay for rent and for my self and for him. I personally think it is wrong for the JC to just assume i'll pay for him. I have my own stuff to pay for i.e debts ect.

Are they allowed to let 2 people like that?

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It depends if he was on income based on contributions based JSA - If on income based then I'm afraid your income will be taken into account now you are living together. It might be worth applying for housing and council tax benefit and maybe working tax credit - i'm not sure of the income requirements but you have nothing to loose by trying.

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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aye. well he says he was on contribution based but they stopped it anyway. I tried working tax credit but I'd have to be either; over 25 workin over 30 hours a week; Have kids; Or be working under 16 hours a week.

I definately dont have kids. I cant afford to work only 16hours a week and im only 21. so thats out the window. I pay alot of tax from my wages per week for people that could even just be conning the system, drunks, and drug addicts. u'd think i could get some kind of benefit. we have applied for housing benefit just over 2months ago. weve had one correspondence from them since asking for another copy of one of my payslips. HB will back date any money from the date we applied until the date it starts wont they?

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Thanx We handed all the stuff in on a tuesday but put reason for why we couldnt get down the day before. do they just give to you as a lump payment into your a.c or do they send a cheque. Our housing benefit will be paid directly to our estata agents. Not our choice but thats the way it is.lol :grin:

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I'm slowly working through all the myriad of problems that are stored up and trying to get myself back on my feet.

 

Last year I was on JSA. It was stopped as I failed to apply for a job. I wrote back to say that the job had been totally unsuitable and that I did not have the required qualifications. I have been fighting with the JC since then about this but they lie, refuse to answer questions or deliberately misunderstand. I am now at the stage of taking it to the independant claims assessor. If you did not have the rite qulifications then they sould not have been making u apply for the job in the first place. My Local does not with my brother. Also if they say u need to be experianced and you have never done the job b4 you should not be made to apply for the job.

 

However, the stopping of JSA triggered my HB to stop. Also fighting the council about this.

 

Can anyone tell me whether the council are right to stop HB when JSA is stopped, as my award of HB was income based and my JSA suspension didn't increase my income, it stopped it.

 

For information I am close to the tribunal stage with the local council.

 

Lastly, has anyone noticed that the lower you slip down the financial scale the more organisations rely on maladministration to try and make you go away? Sometimes I think I'm going insane because it is by far the biggest problem in my life yet almost nothing appears about it in the papers. Yes i have and i am currently fighting this my self for my partner.

 

So to clarify, I really need to know about whether the council were right to stop my HB because JSA was stopped.

 

Yes they can stop th hb but you can appeal as the suitation made your income worse as you had no money

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thanx We handed all the stuff in on a tuesday but put reason for why we couldnt get down the day before. do they just give to you as a lump payment into your a.c or do they send a cheque. Our housing benefit will be paid directly to our estata agents. Not our choice but thats the way it is.lol :grin:

 

Most HB forms you can nominate where the money goes. Some landlords/agents wont take the benefit so you can have it paid to you. You can also nominate to have it paid to you if the landlord gets funny about only being paid monthly and he wants it weekly or something.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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