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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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      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.  

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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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ESA appeal issue


Nothericher100
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Hi I hope finally I might actually get a answer here as speaking to the DWP has left me frustrated

 

Here whats happened, hopefully someone out there can point me in the right direction

 

Back In November I received a letter saying that my ESA had been terminated as I had not attended a work assessment In mid October and I had not contacted the DWP to explain why I had not attend the assessment,

 

I contacted the DWP to explain that I had not received any corespondence from them probably due to the postal strike

I was advised to send a letter explaining the situation and a decision will be made quickly

 

a few days later the appointment letter for the appointment I missed turned up and the letter asking me why I had missed the appointment followed by an earlier ESA letter dated early September, I contacted DWP that the letter had arrived, I was advised to wait for a responce

 

week 2

 

2 weeks later I contacted the DWP, when I explained the situation that I had no money coming in a 3 children look after they told me that it usually takes a week for a responce, I politely told the operator that actually a fortnight had passed only to be told "well delays can happen" and "I don't know what you expect me to do" being slightly shocked I ended the call

 

week 3

A letter came explaining my letter had been received and they would look into the matter

 

week 4

 

now a month passed

I contacted the Dwp imediately and told them that a month had passed and finances were critical, I was advised that I would just have to wait

 

 

week 8

 

just before christmas I phoned again only to be told I will have to wait till up till the 24th of January before I would be informed if I could get ESA,

3 months from when my ESA was stopped,

at this point I have received balliff letters and other legal chargeable letters as I an not able to pay bills. the advisor tells me that I should sign on as unemployed and that I should ask the social fund for a loan (as far as I know I would need a income to repay a loan?)this is not a option as im disabled and housebound and when I phoned the Job centre they advised me I could not do this as I am unable to seek employment

 

My partner contacted C.A.B they advised her that once my appeal letter had arrived my benefits should have been reinstated and a decision should be made by the appeals section If I am still entitled or not on the Appeal date but I do not know if this is correct or not.

 

so Should I be receiving benefit or not? I have not received any benefit since Mid october, is signing on as unemployed my only option even though I'm clearly unfit to work?

I have been told to wait days weeks and months after each phone call

 

I am now waiting for a visit from the balliffs as I can not even offer them a minimum payment

 

I hope someone might explain what my next step should be

 

Thanks for looking

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Phew, nothe, that's quite a post. I can't help you with the DWP specifics but I'm sure someone will be along tomorrow.

As far as I know a crisis / social fund loan does not need an income as such and is repaid minimally from benefits. If you have no money at all it beggars belief as to how you're surviving! It can't be easy.

As for the bailiffs there is a very good forum on this site for that issue. Go to:

 

Bailiffs and Sheriff Officers - The Consumer Forums

 

and start a new thread [the buttons at the bottom left of the page].

Post as much detail as you can - no personal details as bailiffs tend to read it too. Name of the firm is fine, how much, what for - is it a court fine, council tax etc - as different rules may apply. Tell us a little about yourself. What is your disability and why are you housebound [just general details]. It's useful.

You will get a lot of help and I'll post some things that may be of use to you - though, to be fair, I'm not likely to be on line again before the evening.

Take care and I hope you get advice about the DWP.

Rae.

Edited by RaeUK
typoo
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Phew, nothe, that's quite a post. I can't help you with the DWP specifics but I'm sure someone will be along tomorrow.

As far as I know a crisis / social fund loan does not need an income as such and is repaid minimally from benefits. If you have no money at all it beggars belief as to how you're surviving! It can't be easy.

 

Rae.

I know its a long post but I wanted to put enough details down,

 

I know it's not the DWPs fault that there was a postal strike but its not my fault either

 

The way I have survived is by using my credit card but even that option is not possible now as I can't use the cards until I make a payment,

 

re Crisis loan/Social fund as I stands I would not be even able to make a minimal repayment as I don't have an income coming in

 

until I lost my job due to my health I did not realise how much some genuine people on benefits get treated like second class citizens, At no stage have I even raised my voice or verbally abused advisors, If I had spoken to customers the way a few (not all are rude) of the DWP employees and Housing Benefits advisors have spoken to me I would have been disiplined.

 

Sorry for the long rant but to be honest with you I don't know what I would do if I didn't get this off my chest

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Hi,

Although different circumstances, from my experience, when you call the DWP it's hit and miss whether you get the right info. With me, it was usually miss. I spent about 7 or 8 weeks calling these people, being given conflicting information and advice until I said I wanted to make a formal complaint and insisted that I was called by the Manager (stay very calm when you do this). After speaking to the Manager, everything was sorted out very quickly.

Don't be fobbed off. They wont put you through to a manager, but will take a request that you be called. If you don't get a call in 24 hours call again (and again).

I'm sure you'll also get a lot of help from the members of this forum. They were the only light in my little dark tunnel last week.

All the best.

BG

Edited by brighton gal
typo
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Yes it is correct that when an appeal is acknowledged, ESA should be paid at the assessment rate until a final determination on the appeal is made. However it is not clear if you have actually appealed the decision or simply sent a letter explaining the situation.

 

You can still apply for a Crisis Loan for living expenses, repayments would be deferred until you have an income, if you do begin to receive benefit repayments would be paid via dedcution from your benefit. If you apply for a Crisis Loan, they can actually help you get your ESA, because Crisis Loans should not be paid when benefit is due. Therefore if you should be receiving benefit, the Crisis Loan officer will liaise with the ESA section to sort this out for you.

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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Yes it is correct that when an appeal is acknowledged, ESA should be paid at the assessment rate until a final determination on the appeal is made. However it is not clear if you have actually appealed the decision or simply sent a letter explaining the situation.

 

 

Just to clarify one thing - ESA is paid during an appeal only if the appeal relates to a points failure of the WCA. It is not payable if the customer has failed to attend the medical, as this is regarded as noncompliance with the terms of the benefit.

 

Presumably what the original poster is hoping to do is show good cause for failure to attend. This would go to the decision makers as a request for a reconsideration, rather than an appeal. Each BDC has its own timescale for these, but 8 weeks does sound like rather a long time. If good cause is accepted, ESA will be reinstated and arrears paid.

 

I think you are spot on with your suggestion that the OP contacts the Social Fund for a crisis loan. I occasionally deal with their processors, as they will indeed call us if there is a question that ESA might be due, and this can sometimes speed up the process.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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  • 2 months later...

Hi, im in a similar situation. I have just filied an appeal.

 

When should i expect to get paid? and will i get back dated from when it stopped? (obviously with doctors paper covering that period)

 

any responce will be apprecited:-)

 

thanks

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Hi welshgirl. If you start a new thread on the subject, you'll get a better response that's custom to your case.

 

Are you appealing on the grounds of not enough points on the medical or did you not attend a medical? The benefit is only payable at the assessment rate on appeal if you are appealing against the result of the medical (i.e not enough points to qualify for ESA). If you didn't attend the medical, benefit is not payable on appeal.

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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my advice is get some help from a Disability Advocate, C.A.B, I had no help what so ever from the benefits agency until an advocate got involved, once they got involved my benefits were reinstated the next day

thankfully my situation is sorted out, i had the medical which put me as unfit for work

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