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    • 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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Jsa+missed Appointment


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Hi,

 

Just a quick question on Jobseekers Allowance.

 

I recently claimed JSA, completed the phone interview and then attended an appointment at the jobcenter to sign all the documents.

 

They gave me a book with appoitment dates, the first one is on the 2nd of august and then on the 16th of august then every two week from the 16th of august.

 

My concern is i wont be able to attend the appointment on the 2nd of august, so is this an signing on day or just an appointment?

 

What will happen if i miss the appointment but phone them today to let them know i cant make the appointment? what are acceptable reasons?

 

Thank you in advance for anyone who replies.

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It sounds like your first signing day to me. If you miss this appointment without good reason you would lose a days benefit. If you go in the next day and sign on they would take reasons for not signing from you

 

You need to ring them and tell them you cannot make this appointment - if you are at the doctors/hospital etc I'm sure they can ask for an appointment card - but don't quote me!

 

generally the best thing to do is by hook or by crook make you signing day free as to not sign causes all types of problems.

 

i know they dont close your claim until there has been 5 days without contact from you and at that point you would need to make a Rapid Reclaim

 

Wait for Erika the Font of all knowledge when it comes to benefits to come online and she should be able to advise you much better than i can.

 

Hope you get sorted

 

TB

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Hi thanks for replying back.

 

I am not trying to [problem] the system or anything, this is the first time i have ever signed on, i have been studying for the past 5 years so i have been supporting my self through student loans and part time work.

 

I definately cant make the appointment on the 2nd of october, but from what i have read claims have been stopped for missing appointments.

 

Just say for example i call them on the 2nd of august two hours before my signing on time and tell them i am not feeling well and cant attend the appointment and wish to rearrange the appointment, what would happen? would you need to provide a doctors letter or something?

 

I will wait for erika to reply to me, and thanks for giving some advice.

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Hi linz22

 

im just going from my previous experience to be honest - I had a nightmare when i wanted to miss my signing day

 

and never in a million years would i say you were trying to [problem] the system - im sorry if i gave that impression.

 

good luck x

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Hi,

 

No i wasnt saying you were accusing me of [causing problems] the system i just wanted to let people know thats all i appreciate your help.

 

I dont really mind if they take a days allowance off just wondered what would happen as i have never been in this situation before, and my jobcenter works on the system, so the system generates the next avialable appointment which could be in 2, 3 days etc, so what would the procedure be in this situation.

 

Do you have any idea how often erika visits consumer forums?

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I'm a vampire - I only come out at night! :p

 

Is it 2nd August (as in, this Monday)? or 2nd October? (you've given two seperate dates). If it's October, that's an age away and rearranging it will be no problem.

 

If it's this Monday, contact them first thing in the morning (after 9am). Don't leave it until the last minute - otherwise you may get a million and one questions as to why you didn't contact them earlier in the day if you knew you could not make it.

 

Call them and tell them why you can't make it, and ask if you can re-arrange for later in the week (or the next day if possible). Depending on the reason they may lose you a days' benefit, do nothing at all or terminate your claim. They are unlikely to terminate your claim unless you fail to attend without providing any reason.

 

Without knowing why you can't attend it's very difficult to make a guess at what they may do; but I can appreciate you might not want to tell us why you can't go. Bearning this in mind, I can only advise you generally. In general if you have a very good reason why you can't make it (which I don't know), and this is the first time you have asked to re-arrange your signing (which it is) there should be very little problem. If you have a reason which is not considered good enough to cancel an appointment on that day, then you can have your claim sanctioned (money will not be pid for a period).

 

If you do happen to be unwell on a signing day, you phone them up at the earliest possible opportunity and tell them you are ill and unable to make the trip to the Jobcentre and ask to re-arrange your signing day. They won't ask for a Dr's note for a minor illness, no. They may ask you to complete a self certification of your illness when you do return to sign on, though I'm not sure if they do still do this - they used to. It was a form you completed (one A4 sheet) with the date you were ill and what your symptoms were. They do understand that people get sick.

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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If you miss this appointment without good reason you would lose a days benefit.

 

This has recently been changed to a week's benefit. This is now a big deal because housing benefit and council tax would stop for that week too. The reason you cannot attend now has to be an unavoidable issue which you can prove. Why can you not attend on the 2nd, linz22?

 

If you do happen to be unwell on a signing day, you phone them up at the earliest possible opportunity and tell them you are ill and unable to make the trip to the Jobcentre and ask to re-arrange your signing day. They won't ask for a Dr's note for a minor illness, no. They may ask you to complete a self certification of your illness when you do return to sign on, though I'm not sure if they do still do this - they used to. It was a form you completed (one A4 sheet) with the date you were ill and what your symptoms were.

 

Yes, the "self certificate" JSA28 is in use but remember that your sickness period cannot be longer than 14 days.

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Hi thanks for replying back.

 

I am not trying to [problem] the system or anything, this is the first time i have ever signed on, i have been studying for the past 5 years so i have been supporting my self through student loans and part time work.

 

I definately cant make the appointment on the 2nd of october, but from what i have read claims have been stopped for missing appointments.

 

Just say for example i call them on the 2nd of august two hours before my signing on time and tell them i am not feeling well and cant attend the appointment and wish to rearrange the appointment, what would happen? would you need to provide a doctors letter or something?

 

I will wait for erika to reply to me, and thanks for giving some advice.

Unless you have a cast iron good reason for not attending you will get your benefit stopped. The system is that inflexible and it is monitored by people who will prosecute the rules unfailingly. Expect nothing less from the jobcentre and you won't have problems. Ring them up a couple of hours before and they will think you're swinging the lead.

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Hi thank you for the replies.

 

Ok i will be honest the main reason why i cannot attend the appointment on the 2nd of august is because i went to see my boyfriend who lives in norwich, he is not well at all, suffering from depression and i had to see him. I am in norwich at the moment, my jobcenter is in manchester and i dont have any money to get back home, so i am waiting till monday to get some money from brother who will be transferring some in to my account, he doesnt get his money until monday otherwise i would have travelled back earlier.

 

I dont think the jobcenter will see this as a valid reason, what do you think?

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If you had contacted the jobcentre and explained that you wanted to go away from home then you could have completed a Going Away From Home form and been treated as available for up to 14 days. Now that you are out of the area you can't do this. You could contact them and say that you have had to leave the area due to an emergency and request to sign out of the area at the nearest jobcentre.

 

This would mean that you would have to contact the local Norwich jobcentre and make an appointment to sign on an ES90 and show evidence of a jobsearch but it would mean no late signing appointment on your return to Manchester.

 

Your jobcentre can refuse this request though they usually don't.

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My son was ill with a stomach upset on a claiming day, I rang up first thing and changed appointment and it was fine. They didn't ask for anything. It's unreasonable to expect someone who can't stop throwing up to go and sign, however inflexible they are!

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Hi,

 

Well my boyfriend tried to commit suicide so things are pretty serious, but he hasnt been to any doctors or anything so i cant really prove anything and i wont ask him to provide me with evidence that he tried to commit suicide thats just wrong.

 

If i phoned the jobecentre and asked them if i could sign on at the norwich jobcentre due to an emergency, will they ask the specific reason and evidence?

 

what are the chances of them actually accepting this and not deducting any allowance?

 

If anything id rather lose the allowance my boyfriend needs me more.

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Hi,

 

Well my boyfriend tried to commit suicide so things are pretty serious, but he hasnt been to any doctors or anything so i cant really prove anything and i wont ask him to provide me with evidence that he tried to commit suicide thats just wrong.

 

If i phoned the jobecentre and asked them if i could sign on at the norwich jobcentre due to an emergency, will they ask the specific reason and evidence?

 

what are the chances of them actually accepting this and not deducting any allowance?

 

If anything id rather lose the allowance my boyfriend needs me more.

 

There's a degree of discretion available to JCP officers in these sorts of cases, so it's hard to say what the response would be. I'd suggest you should phone them. They will ask about the nature of the emergency, but I don't think it's very likely that they would ask for supporting evidence in a case like this. If you would sacrifice the allowance if it was necessary to do that in order to be with your boyfriend, then it seems to me you don't have much to lose by making the request.

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Thank you for replying to my post.

 

So wouldnt it be better to just call in sick and say im not well enough to sign on?

 

I really dont want to go over things with the jobcentre and explain everything in detail im not really bothered about the payment just dont want to get the benefit stopped, of course if there is a chance of getting the payment then that would help.

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It's the best option but be aware that if you are signing on in the future and you are genuinely sick that would be a second period of sickness in the claim, one more and the claim would be closed and you would need to reclaim.

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Hi

If you called your jobcentre you shouldn't have to go into specific details - maybe you could just say your boyfriend is seriously ill. It's possible to be "treated as available" under certain circumstances - this should be classed as a "domestic emergency", after all, they can happen to anyone!

 

You should be aware that you only get two "periods of sickness" (of up to 14 days each) I think in a rolling year, so you don't want to actually be ill and end up getting your claim closed.

 

You could try the ES90 form at the jobcentre in Norwich - they'll have to call your jobcentre in Manchester to see if they'll accept it, and then a copy should be faxed through, However this form is specifically intended if you were "Going Away From Home To Look For Work", so you may be asked for evidence of any job search in Norwich.

 

Good luck, let us know how you get on.

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  • 4 months later...

Hi,

 

I have a question about JSA claims. I went on JSA in july this year up until november where i worked for a week which i told the jobcentre about and when i went to sign on i was told because i had worked over a certain amount of hours i had to sign off and do a rapid reclaim. Well the jobcentre signed me off and i phoned DPW to do a rapid reclaim and everything got sorted out within a week. I am now signing JSA agian and i have attended the first sign on for the rapid reclaim.

 

My question is my rapid reclaim a whole new claim where i can have 2 sick periods agian? I have already used 2 sick periods before i did the rapid reclaim.

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The general rule here is that your old and new claims will be "linking claims". I used to process benefits, but not JSA, so you may wish to verify this, but in general linking claims are treated as if they were continuous. In other words, your previous sick periods may well still be considered for your new claim.

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

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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If you have more than two periods of sick within a twelve month period then on the third period you have to sign off and claim ESA until you are fit for work again.

 

It doesnt matter if it is a whole new claim or if you have had a couple of rapid reclaims. They look at the number of periods of sickness during a year.

 

The rolling year starts the date of the 1st date of your 1st period of sickness, for example if you were claiming and had your first period of sickness for one week from 2nd January 2009 that starts your rolling year period. You can have another period of sickness but if you have a third period before 1st January 2010 then you have to sign off and claim ESA.

 

Hope that helps.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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