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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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What am i entitled too?? WTC/CTC/IS??


bumblebee2009
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Hi,

 

I wonder if any one can help me!

 

My life has changed dramatically over the last year and trying to find out what I am entitled too has so far been a nightmare!!!

 

Brief description about me and the situation:

 

I was kicked out of my house by a family member when I was pregnant, and went to stay with my dad temporary! I will be moving to a new place at the end of this month through help from the homeless (Deposit scheme) and will be claiming housing benefit!

 

I was advised by CAB that I was not entitled to any thing other then child benefit and housing benefit!

 

I have now found out I am entitled to working tax credit, child tax and income support??? But im not sure if this is correct! And if so how it will affect the housing benefit!!

 

There is too much info, and I don’t seem to be able to complete one form that gives all the answers!! So please if any one can help that would be great!

 

Additional info: I was working as an account assistant full time (40 hours) and I started my maternity leave on the first of June, and my baby was born in July. I now only get statuary maternity pay and child benefit!

 

As I said my life has totally changed and I have always worked prior to this and I just want to get things back on track!

 

Sorry for the extremely long post! But im at my wits end trying to get some help!!

 

Thanks in advance!!

 

Also... i am now a single mother but do intend to return to work at the end of my maternity

Edited by bumblebee2009
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I get £123 per week for SMP, and at the moment i only get child benefit! I was told that i wasnt entitled to anything else but have just found out that i can get child tax benefit but im note sure whether or not i can get this with income support and working tax?

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Working Tax Credit (Entitlement and Maximum Rate) Regulations Reg.5 & 5A

 

If a claimant receives Maternity Allowance, Statutory Maternity Pay, Statutory Adoption Pay or Statutory Paternity Pay, they are treated as being in work from the date these payments began, as long as they were in qualifying remunerative work (of at least 16 or 30 hours, whichever applies) before going on the maternity/adoption/paternity leave. It should be noted, that whether or not they received MA/SMP/SAP/SPP, a claimant on ordinary maternity/ordinary adoption/paternity leave, is treated as in work provided they were in qualifying remunerative work before that leave began. A claimant undertaking a period of additional maternity/adoption leave is treated as in qualifying remunerative work during the first 13 weeks of that additional leave period provided they were in qualifying remunerative work before the initial period of ordinary maternity/adoption leave began.

 

A claimant who is already a parent before going on the ordinary maternity, ordinary adoption or paternity leave, can claim WTC if they worked at least 16 hours a week before the leave began. From April 2004 they can claim the WTC childcare element to help with the costs of eligible childcare for the new baby/child as well as for other children in the family. (For claims for the year 2003/04, claimants could not claim for the cost of childcare for the new child, for which they were taking leave, but could claim the childcare element for the costs of childcare for any other child in the family).

 

If a claimant is becoming a parent for the first time, WTC is available before the baby/child arrives if they were aged 25 or over and worked at least 30 hours a week before the ordinary maternity, ordinary adoption or paternity leave began. From April 2004, a first-time parent can claim WTC, including the childcare element, from the child’s date of birth or placement for adoption, as long as they usually worked at least 16 hours a week before the maternity, adoption or paternity leave began. (For claims in the year 2003/04, a first-time parent could not claim WTC when going on maternity, adoption or paternity leave unless they were aged 25 or over and usually worked at least 30 hours a week before the leave began. Childcare element for the new baby/child was not available).

Working Tax Credit (Entitlement and Maximum Rate) Regulations Reg.5 (4)

 

A person who is self-employed is treated as being in qualifying remunerative work for any period which would have been ordinary maternity/ordinary adoption/paternity leave if they had been an employee. The self-employed person must meet the work requirement before that "leave" began.

 

 

 

 

You can claim Income Support only when your SMP runs out and if you decide that you are not going back to work,

You would get £64.30 per week plus your child tax credits about £63 per week and Child benefit of £20

and full housing benefit entitlement

if you can claim WTC then you will have to cancel it before you make the claim to IS or it will nil your claim

 

You should claim child tax credits and working tax credits straight away :)

good luck with every thing

Edited by MIKEY DABODEE
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Thank you so much for your reply!

 

I spoke to job centre on Thurs regarding community care grant and was informed that i can claim income support, and made a claim that day. This was because i am only getting SMP and therefore my income is not high enough. I informed them that i have put in a claim for working tax and child tax and they said that was fine... now this is where i get confused!!

 

I would think that they would cancel each other out, however it does seem to look that i can claim working tax credit for 26 weeks as im on mat leave and it wouldnt affect the income support etc...

 

...Also if i claim WTC and CTC my housing benefit goes down, however on income support it is then paid!!

 

It would be great if there was a loop hole that let me get that as its like im being punished for having a baby especially as i have always worked full time but i doubt it!!

 

Sorry if i am babbling im just so confused, there is all this information but trying to get it together is a headache!! I just dont want to be overpaid and then they claim it back etc!

 

Thanks again!

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Hi

think you have been advised wrongly

Income Support is £64.30 for you as a lone parent.

You have SMP which is way over that amount, you would not be entitled to IS as your SMP would be classes as an income. Income Support is for people with no Income Unfortunately at the moment you have SMP. When that runs out you could claim IS then if you wanted to.

 

 

If you claim WTC then decide not to go back to work for what ever reason and claim I.S instead, you would have to cancel WTC because that would be classed as an Income for I.S purposes.

 

You can claim WTC now as you are still employed , and child tax credits because you are entitled to that for the baby.

Go to the site and get a calculation.

 

 

As regards to Housing Benefit, if you are on IS get then you get full housing benefit but you would need to claim Income Based HB at the moment as you have an income SMP

If go to your local council web page there will be a calaculator put in your figurbe entitled to and see how much you will get

 

Unfortunately you can not get SMP I.S and WTC at the same time. Why they told you to make a claim I dont know.

bit confusing I know

good luck ;)

Edited by MIKEY DABODEE
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