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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Incapacity Benefit appeal pending but no payments while waiting?


jigsawpieces
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Thanks for looking at this as so frustrating. Basically on incapacity benefit but after another medical been told that i dont have enought points. I have appealed and have been awaiting for a tribunal date. This has been going on for over six months. What happened that shocked me was that they did not reduce the level of payment they just stopped paying all together. As i assumed the tribunal would not take long although worried i was able to live of the back payment which was a large sum after winning a previous tribunal. (I have won two tribunals) However now that money is gone and i have relied on friends and family to help me with food and bills. I have not wanted to sign on at the jobcentre but now looks i will be forced too although not sure how this will affect my appeal. All the stress has exsparated my condition and have spent nearly every day and sleepless nights worrying about. Is it legal for them to cut all payment to me while waiting for an appeal? Is there anyway i can fight for them to pay me the reduced rate until appeal decision? This is my last chance as in my area it is impossible to get any advice from CAB as they are closed you have to wait months for an appointment.If anyone has been in the same position and have any helpful advice it would be most appreciated. It looks like i will have to attend my tribunal alone with no professional help which is intimidating enough. In the intervening months twice they have said we will look at your case again and then said you will still have to appeal as we agree with the decision. Thanks for reading.

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Hi Jigsawpieces

 

Sorry to hear of your struggle

are you a single person

 

If so you can claim Income Support while your appeal is being heard,

JSA but of course as you are appealing you are not really fit for work,

or ESA

you do not have to go with out benefit.

 

If you have a partner does she work ?

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Thanks for replying. I am single and live alone. I wonder if i can backdate the payment til the time they stopped paying me as i have been using the money i had saved knowing that i would be put through this stress over again. Certainly learn how to be frugal with everything although i'm months behind on some of my bills. I suppose i have been put off with all that bureacracy of going to the social who ask questions i cannot answer as they wont really be resolved until the appeal has gone ahead. Ive had six letters off the housing since december. They are still paying but keep asking me what is happening as if i am in charge of the slow response from the social security department. They have squeezed the last drop of patience out of me. I darent go down there in person to speak to anyone as i think i will really lose my rag. ( I know not a good idea) I have sent them infomation and got reciepts and then two weeks later they ask for the information again.

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You need to apply for one of the benefits as soon as possible. :)

JSA i know you cant get backdated, I.S you can.

With Income Support you will be paid at what they call appeal rate rate, at the moment its £51.45. If you make a claim to I.S then ask for backdating to the day after you failed your PCA.

 

Few questions

Do you have DLA? .

Do you have a pension ?

Do you have saving over 16K?

all three could effect your claim

 

You Can claim ESA and ask for back dating up to three months, but you would need a backdated medical certificate off your doctor to cover this period

 

Jobcentre Plus - Making a new or repeat claim

 

 

If you get awarded any of these then you should get housing benefit.

If you win your appeal you can go back on I.B

appeals can take months longest I Have seen is eighteen months but I dont think that is a record :)

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Thanks no i dont have any of the three listed. No savings the only money i had was the back pay from winning last appeal. I will try income support as i have no choice. I am still recieving Housing Benefit as it seems they cant cut me completely. Will that affect the forms i need to fill in? Thanks for being helpful i wont be able to get the other ESA as my doctor and i dont see eye to eye at all and ive been looking for a new surgery as he told me if i dont like it i can go elsewhere.

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Jigsawpiecies

now you have decided :)

dont forget when you ring the helpline ask for backdating,

what date did you fail your PCA?

well you need to ask for backdating to the day after,

if you dont ask your claim will go from the day you phone up, and you will have to put the request in writing at a later date,

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You need to apply for one of the benefits as soon as possible. :)

JSA i know you cant get backdated, I.S you can.

With Income Support you will be paid at what they call appeal rate rate, at the moment its £51.45. If you make a claim to I.S then ask for backdating to the day after you failed your PCA.

 

Few questions

Do you have DLA? .

Do you have a pension ?

Do you have saving over 16K?

all three could effect your claim

 

You Can claim ESA and ask for back dating up to three months, but you would need a backdated medical certificate off your doctor to cover this period

 

Jobcentre Plus - Making a new or repeat claim

 

 

If you get awarded any of these then you should get housing benefit.

If you win your appeal you can go back on I.B

appeals can take months longest I Have seen is eighteen months but I dont think that is a record :)

 

You can get JSA backdated but you would need a good reason on why you didn't contact the JCP sooner to make the claim. It would then go to a decision maker.

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You can get JSA backdated but you would need a good reason on why you didn't contact the JCP sooner to make the claim. It would then go to a decision maker.

 

 

You are very much right Nick. Backdating of JSA is possible for 3 months but only in exceptional circumstances. Jigsaw you can either go for appeal rate IS or make a new claim for ESA (depends if you have sick note).

:-|Impossible is I'M Possible:lol:

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Well problem with GP then jigsaw can try seeing other GP in the surgery or speak to PALS.

:-|Impossible is I'M Possible:lol:

If you think the advice given is useful then show your appreciation by clicking on the scales.

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Thanks everybody. Went down there today after recieving another letter from Housing Office. Sorted them out and was able to pick up an income support form which is the route i will take and try to get money backdated. I know that it will take them weeks to sort out but its better than being in limbo struggling to put money in the electric meter.

 

I will be looking for new doctor/practice but will do one thing at a time. It does actually take a long time to find.

 

Thanks for the help i will let you know how it progresses. I used my friends computer and have bookmarked this website on her computer as she is having lots of hassle too after recovering from hospital surgery. Im sure that she will get good advice on here.

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