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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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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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Incapacity Benefit: DWP appealing the tribunal's decision?


ee-bee
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hi i`v just found this forum so not sure where to start,i received a letter today telling me my is had stopped 4 days ago,and i`m at a total loss as what to do now,i`v got spondylitus,in the spine and neck,and i was asked stupid questions like can i answer the phone!where would i find out about a welfare rights worker,many thanks

hi all, well i went to my appeal on tuesday and won,i was awarded 20 points instead of the 3 i originally got,great news i thought,except today i received a letter off thejobcentre plus saying they have requested a full statement of the tribunals reasons for this decision, this means that implementation of the tribunals decision will be suspended while an appeal to the commissioner is considered,i`m so upset and worried,has this happened to any one else on here

ee-bee

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They will be requesting a statement of reasons for the decision so they can see exactly why the decision was made; If they believe the first tier tribunal has erred on a point of law, they can apply for permission to appeal to the commisioner. They have one month from the date of the decision to request a statement of reasons and a further month to apply for permission to appeal from when the statement of reasons were sent to them.

 

If they do submit a request leave to appeal, to the upper tier will decide whether the DWP appeal can go ahead.

 

Whilst this is being considered, they can suspend any payment due as a result of the first tier tribunal's decision.

 

They can only appeal to the upper tribunal on a point of law, not on findings of fact or the first tier's medical findings.

 

I have moved your post to its own thread to attract more traffic.

  • Haha 1

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.

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You're not "thick". You just don't know what it means, that doesn't mean you're thick. Don't put yourself down.

 

It means there is an error in the way they have applied the law to a case.

 

When a decision to award benefit or decline benefit is made, it is made in accordance with the law that has been set for that particular benefit.

 

So if the DWP feel that the tribunal has wrongly interperated the law or feel the law should be further clarified, they appeal to the upper tribunal.

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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  • 5 weeks later...

i have received the statement of reasons from the tribunal, so i assume the dwp have received theres as well, i`v spoke to my representative and he`s also received one,everything seems okay in the statement but we`ll have to wait and see,i`m assuming they have a month now to decide what their going to do? god its like waiting for christmas:)

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well its now been 2 weeks since the the statement of reasons was issued,i`m getting really frustrated ,waiting for the post every day,i`m begining to think this is going to be a very long drawn out appeal

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Hello ee-bee,

Same thing is happening to me with the DLA appeal I won. I,m on a countdown and will contact Tribunal Service a couple of days after the month has expired and if an appeal has not been lodged in time things will get interesting.

 

Let us know how you get on.

 

Cheers MelissaTeddyBear

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Hello ee-bee,

Same thing is happening to me with the DLA appeal I won. I,m on a countdown and will contact Tribunal Service a couple of days after the month has expired and if an appeal has not been lodged in time things will get interesting.

 

Let us know how you get on.

 

Cheers MelissaTeddyBear

i`m gutted, i thought it was only me it had happened too,it seems its quite an unusual thing for dwp to do,when is your 4 week dead line?

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Hello ee-bee,

 

The statement of reasons is dated 2/11/09 so I think that the decision maker has to get the appeal in to the tribunal service by 2/12/09. I contacted Tribunal Service and they said that if an appeal by DWP was received late then it would be very unlikely for a late appeal to be admitted.

They tell me it is quite rare for an appeal to be made to the Upper Tier Tribunal after a Statement of Reasons has been issued but each case is individual therefore there are no guarantees.

 

My claim was made in March this year so I will complain of maladministration. The RNID website says most hearing impaired people get turned down with the initial application for DLA and most are successful on appeal but the DWP no not seem to want to learn. Probably the money saved on refusing applications outweighs the cost of appeals.

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my case has been a nightmare from beginning to now,first in feb i lost my pca,was given only 3 points,then when asked to look again at my case they said it had gone for re-work as there was a discrepancy with the points,then after several phone calls by me because of the time it was taking they admitted they had lost my file!!a copy was issued to the dm and then they found my file,i ended up with 2 lots of appeal papers,its been one horrible year and i feel like giving up on the whole thing

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Hello ee-bee,

 

Sounds like you have had a lot to contend with. Sometimes you might imagine the DWP searching for reasons to refer your case to an Upper Tier Tribunal and putting a lot of time and effort in to that. In reality the DWP is understaffed and under resourced to properly do the volume of work they have to process and often in arrears with work. Therefore if you have not heard anything by the end of one month from the date of the statement of reasons it is probably sitting in a pile of work to be processed.

Give up after what you have already achieved getting the tribunal to overturn the DM's decision. Not on your nelly.

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thanks for the support,my statement of reasons was issued on the 4th nov,but because i`v not heard of anyone else having this problem i`v took it quite personal and yes your right i visulize them spending hours trying to find a reason not to give me my money,

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Hello ee-bee

 

Goes from 1st November to 1st Dec. Goes from date sent rather than date received.

 

You may find the following useful :-

 

www.appeals-service.gov.uk/

Left of page How to appeal Guidance on how ....

Click How to a appeal leaflet

Page 30.

 

The leaflet and website give a good background to the appeals process.

 

No post today.

 

All the best.

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hi, thanks for the link,no post here either,i`m sure one of these days someone will go to the papers or press about these medicals,etc,there must be hundreds of appeals going on,it has to be costing someone somewhere a lot of money

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If you have a look around CAG, you'll find lots of people complaining about these medicals, some are taking action.

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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:-?What kind of action weneed to take?

 

Alf:roll:

 

That's a good question. If some people are trying to take matters further it would be good to know. I'd certainly volunteer to help. There are two things that appall me.

Firstly, the low standard of the Atos medical assessment. They had no equipment to assess pulmonary disease, therefore no means to figure out how it would affect my work capabilities.

And secondly, having read all my tribunal papers from the DWP, it is so biased against people like myself who feel they can do some work but just need that bit of extra support.

I will confess to being very annoyed at not getting that extra £25pw premium. Not a lot to someone on fulltime work, but a life changing sum to me. And, lets be honest - should any member of the Government be reading this - it's not as if you're going to have to pay me a state pension, my lungs are saving you money in the long term! :p

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Have a look around by typing ATOS into the search facility to see posts on the subject. You will also find plenty of stories by googling. If you want to discuss this though, please start a new thread in the appropriate subforum rather than cloud over this member's thread, where advice is being sought on the appeals process.

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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