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    • 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?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
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Really need some advice - having a home visit.


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Hi all,

 

I am not sure if i should be worried about this or not.

I am a lone parent and i am currently house sitting for my ex land lord.

He now works over seas and he is currently going to be away for the next 2 years approx. He is a non UK resident, so pays no tax etc.

 

As i was a good tennant at a property of his last year, he asked me if i would be willing to move into his own home and look after his dog and home and do bits and peices of admin for him - rent free while he is overseas.

 

I agreed and my daughter and I moved in at the end of last year.

 

In the property i was previously living in i was claiming Housing Benefit and Council Tax benefit - both of these I now no longer claim as he pays the council tax himself and i don't need to pay him rent as i'm sorting out his dog.

 

All of his belongings are in the house still (in a separate room from mine) and he still gets mail delivered to this address.

He even lets me use his car. ( so long as i pay for the upkeep of it, MOT's tax etc)

 

I have had a letter this morning saying that DWP have tried to visit me on two occasions, but i was out and that they are now coming to visit me at home next week " to make sure you are getting the correct amount of Income Support you are entitled to"

 

It says i need to provide 2 forms of ID and proof of birth date for my daughter.

 

It says its from the Performance Measurement department, from the Multi-benefit Review Officer.

 

I am just wondering why they want a home visit? Even though the owner of the house does not live here, can i still get into trouble if his things are still here??

Will they be checking for things like that??

 

Any feed back would be greatly appreciated.

 

Thank you.

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Hi Holly,

 

with a bit of luck someone more savvy than myself will come along with better advice, but in the meanwhile I'll give you my tuppence worth.

 

There shouldn't be anything to worry about, and, the "we tried to visit you" is a common ploy/lie to get you to ring and arrange a firm appointment - if only I had a quid for each time I've heard that old chestnut!

 

Whether your Landlord is in occupation or not should be an irrelevance as far as I.S. is concerned seeing as you are not his wife or girlfriend, if the DWP try to pursue this you can cover yourself by getting a signed "License to Occupy" or a "Tenancy Agreement" with your rent set as nil from your LL.

Hopefully your LL is actually paying the Council Tax, otherwise they could shift the liability onto you unless your License/Tenancy actually states that he agrees to pay the CT for the entire property, if CT liability is passed on to you then you should claim full CTB as your entitlement.

 

Try to down-play the helping with admin thing, what they don't know can't hurt them or you, I would imagine the admin side is basically just ensuring that the utilities bills get paid on time - something which most tenants have to do anyway.

 

Regards, Paul.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Hi there.

Just one thing to say - do not worry - you are not hiding anything and I feel that this is just a target driven thing.

I claim various disability benefits and I had one of these visits and all he did is go through my situation, check what I was receiving and made an enquiry about a benefit premium on my behalf.

Thee were no trick questions or interrogation so you have nothing to be concerned with at least in my humble opinion!

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I wouldn't worry about it too much. I was on IS between periods of employment a few years back.

 

I had very much the same letter. A DWP person just came out and just checked all my details were correct.

 

I was worried about it at the time, but everything was fine.

 

-Marie

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