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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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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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JSA advice needed.


tauran121
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I have been out of work for 3 months and have decided to make a retorspective claim for JSA. I was told i could make a claim retrospectively by one of the telephone agents. I've filled out the form online and have had a call to attend an interview.

 

question i have is, ive just had news and been offered a job, which i have accepted, so can i still go ahead with the claim, obviously i'll tell them i've got a job, but can i still go ahead with the claim for the 3 months i was out of work?

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I have been out of work for 3 months and have decided to make a retorspective claim for JSA. I was told i could make a claim retrospectively by one of the telephone agents. I've filled out the form online and have had a call to attend an interview.

 

question i have is, ive just had news and been offered a job, which i have accepted, so can i still go ahead with the claim, obviously i'll tell them i've got a job, but can i still go ahead with the claim for the 3 months i was out of work?

 

Yes you can...PROVIDED that it was recorded as proof that you were indeed registered as unemployed at that time 3 months ago,otherwise you shall not be entitled to the retrospective claim..

 

All the best in your new Job Tauran and well done.

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what do you mean by "registered as unemployed"? is this something i should have done or the company that i worked for?

 

What I mean is can you SHOW or PROVE that 3 months ago you were unemployed.For example did you pop into the Jobcentre and make a claim on that date 3 months ago even though you received no money.Are the Jobcentre or Glasgow aware that you were unemployed 3 montns ago.

 

Or have you only NOW 3months later told them and is it ONLY NOW 3 months later that they are aware that you were unemployed 3 months ago.If this is the case then you will NOT be entitled to RETROSPECTIVE claiming.

 

M2ae:confused:

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the answer to that question is no, i did not inform anyone of my redundancy from work 3 months ago, but it is something my P45 can prove. i have been asked to bring along my p45 as well as details of my previous employer for them to contact and they may use these means to confirm this.

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You will be required to show "good cause" for failing to claim at the time.

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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ok, i'll go along and answer their questions, and hopefully things go my way.

thanks for the help guys.

 

 

You have to show that in the period of your unemployment you had no 'proof of income'.

 

That is because they will wonder how you managed to support yourself..i.e cash in hand work...relatives...friends etc..unfortunately the burden is on you to prove that you were not being helped or did not fall into any of these categories.

 

Your P45 will only go to prove that you left/made redundant etc work on a particular day in addition to your tax details.

 

It does not give any information as to what or how you sustained yourself in the interim 3 months until you contacted telephone agent.

 

If you had spoken to that telephone agent 3 months before you actually did then that agent would have recorded the fact that you did make a claim on that date.In those circumstances you should be entitled to backdated claim.

 

Hope that helps

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well i just lived off my redundancy pay to be honest, its wasnt huge but it was enough, not sure what they'll look for but hopefully my bank statements will show enough activity for them to realise i did just live off my own money. there was no other money going into my bank account apart from moving money from my savings into my current account whenever needed.

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well i just lived off my redundancy pay to be honest, its wasnt huge but it was enough, not sure what they'll look for but hopefully my bank statements will show enough activity for them to realise i did just live off my own money. there was no other money going into my bank account apart from moving money from my savings into my current account whenever needed.

 

 

If you can demonstrate this then you may have done just enough to discharge the burden and be entitled to claim for backdated JSA...But then you must make sure that any savings do not reach the threshold that disentitle you to that backdated JSA.or from making a claim at all..but no doubt these questions would already have been put to you and it appears from the content of your answers that the only issue is as ERIKAPNP said ''good cause for not claiming''.

 

In other words if you can show and it does seem to show through your documentary evidence that you were being sustained through your earned income from previous work and any savings you had did not amount to the 'relevant amount' then you may be legally entitled to back-claim.Make sure you take absolutely all relevant paperwork with you to the interview otherwise it will be delayed.

 

rgds

 

m2ae

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