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    • Please see my comments in orange within your post.
    • 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.   House or Flat? 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. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. 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. Again, points as above. 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) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. 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. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. 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. Redact and scan said evidence up for others to look at? 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. So this is dealt with then. 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.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. 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. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. 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. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. 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.
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      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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DLA - Can I appeal against decision and is it worth it?


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Hi,

 

I put in a claim for DLA on the 8th of May this year due to the fact that I have several problems that restrict my mobility and balance. All of which came on since around November last year.

 

I received a letter dated the 29th of July, today saying I am not eligable for any of the components of DLA.

 

I have two dessicated discs in my lumbar region and facet joint disease in the same area which was diagnosed when I had a MRI scan of my back after the Back Specialist I see up the local hospital was examining my back when I was sent up there for physio by my GP and I nearly went through the roof with how much it hurt.

 

I have a copy of the MRI report which states this problem.

 

I also see a Neurologist about poly neuropathy which the cause of at this time is unknown but I have had several tests to find out the cause including, MRIs, Blood Test, Nerve Conductivity Tests repeatedly, all which havent shown the cause yet except for the blood tests showing a lack of B12 in my body which now means every 3 months I get an injections of the vitamin from the nurse at my GPs.

 

I've also had a Lumbar Puncture and a sural nerve biopsy to try and figure out what the cause of the neuropathy is. I haven't received the results of these tests yet but I told the DLA that they were coming but apparently they couldn't wait on them.

 

I also have alot of trouble with my right hand now. I can't write for more than 5 minutes without my hand seizing up which means cooking a meal is fun as is cleaning and washing up.

 

I have a diagnosis for my hand not including the neuropathy which doesn't help matters. I've been told by the Orthapaedic Consultant who I see who specialises in hand/arm problems that it is DeQurvains Syndrome. I have tried everything to get this treated, I've worn splits, had a cortisone injection which made no difference except for my hand/wrist to hurt for 7 days non stop.

 

Apparently the decision maker made the decision that I can get up and down the stairs fine in my own time. Which is wrong I have to use either the stairlift if I am at home or if I'm out and there is a lift avaliable use that. If no lift is avaliable I am unable to get to where I am supposed to go.

 

Walking is a task an a half since my back hurts when I walk and I cant walk for long because of the neuropathy in my legs which makes them feel numb and my balance is affected.

 

I used to be able to walk to the bus stop to get into town. Now I have to get a taxi since walking to the bus stop which is a 5 minute walk for healthy people takes me about 25 to 35 minutes now.

 

Apparently they contacted my neurologist and my GP yet they didn't seem to be bothered to contact the Back Specialist I see up the same hospital. I only know this since they had me nag the both of them to get the letter to them faster when my Neurologist took a month to reply to their letter.

 

I also have asthma and my right kneecap likes to wander off in it's own direction at times (aka Patellofemoral Maltracking) which means it swells up and hurts some days worse than others. I mentioned all this in my claim yet I was still turned down.

 

I should mention I never once saw a DLA doctor to talk about this.

I also use a stick to help me walk now as I can't walk far without it as I look like a drunk when I do. My balance is messed up since I can't feel my feet properly.

 

Can I appeal against the decision or is it not worth the trouble.

 

Thanks in advance for any help.

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You certainly should have had ahome visit from their Doctor although it does depend what you put on the application. When filling it in you have to concentrate on your worst days.I you say that youhave good and bad days it will not help. Try and get a local Social Services rep to go through the form with you before you appeal but it sounds like you need to. Good luck!

IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

 

ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!;)

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Thanks for the replies.

 

I've also now got an ESA Medical tomorrow with ATOS (Yey isn't that going to be fun.... Especially since they've cancelled on me once when I had already been in the waiting room half an hour already.)

 

Anyway, can/will they take the ATOS medical into consideration if I put an appeal to DLA. Even though it's not nothing to do with DLA and it's ESA it's all still part of the DWP...when they get the report that is. Can they use this?

 

Thanks again.

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I had a home medical at home for my DLA and got high rate mobility low care. I then applied for ESA and have to travel 15 miles to have a medical assessment. I questioned this and bought up the subject but they don`t seem able to liase with each other. I also supplied them with a 28 page Harley Street Consultants report confirming my condition and inability to work (he came down to a local hospital to see me) but I still have to go!!

IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

 

ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!;)

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By the way I`ve been cancelled twice,once as my friend who had taken time off to take me was getting me in the car!!

IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

 

ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!;)

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DLA is turning down more claims than ever before these days. The light at the end of the tunnel is that a large proportion of these refusals are overturned (in the claimants favour) at appeal.

 

So yes, it IS worth appealing, however I'd get representation if you are finding it difficult. You can enlist the help of CAB or your Local Welfare Rights representation unit for free. You can find these services through your local council.

 

It is worth bearing in mind that DLA isn't paid on the basis of your diagnosis, as it is awarded based on the level of assistance a person requires with care or mobility rather than what the diagnosis is.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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  • 7 months later...

Sadly, yours is a common story with DLA applications. I had a similar experience with a claim for my daughter. Fortunately, I am a writer and researcher by trade and I took it upon myself to do my research and write a compelling appeal letter. 12 weeks later she was granted DLA at the highest rate and payments were backdated to the date of the original claim.

 

Since then I have been helping others with their appeal letters through my business. We have been very successful with the appeals (6 out of 8 have had the decision changed) but unfortunately, I am not able to provide this service free of charge yet because it is a very lengthy process and takes time away from my other work, but I hope to do so in the not too distant future.

 

You are absolutely entitled to DLA mobility and I recommend you stick with it and appeal. Research the Decision Makers Guide (this is the guide used to determine claims) and write a concise and detailed appeal letter providing any documentary evidence (doctors reports etc) to evidence that you meet the criteria from the DMG.

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Yes I would appeal, my son is currently appealing his refusal at the moment, and I would strongly reccommend that you contact your local Welfare Benefits officer and they can help you put the appeal together.

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