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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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      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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      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.

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ESA descriptors and points for epilepsy


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Does anyone know the new ESA points system for epilepsy or should I say the descriptors for epilepsy?

 

I have around 2 seizures per month and have just had a second ESA medical.

 

The ATOS medical rep learned nothing new about me except epilepsy is a neurological condition and is incapacitating following a seizure.

 

I explained that it is nigh impossible to plan a route back to employment when you're never quite sure when the next seizure will occur.

 

I suspect he thought epilepsy is a condition where you twitch a bit then wake up and then go about your normal business. It didn't realise its like being hit by a truck and affects every aspect of your being.

 

I think the DWP have changed the points system re:ESA and epilepsy so anyone any idea?

 

Thankyou and regards

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subbing. Hi stalin I have epliepsy too. The description of being hit by a truck fits the bill with me too and the time it can take to recover, my worst case scenario two weeks in bed after stopping breathing again. On another occasion found lying for a day next to blazing radiator after fit and burnt back as couldnt move.

 

Worry that they will see I have two legs two arms and say nothing we can see as they obvioulsy dont seem to record consultant reports on their stupid system.

 

They also have to understand how employers suddenly scrunch up when know you have epilepsy. They suddenly dont want to know when having regualr seizures as time recovering costs them money that able bodies person wouldnt. Frustrating.

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People see a healthy body and person but the problem lies deep inside the brain which of course is hidden from view.

 

Seizures can hit without warning, 'whack' and that's it your life comes to a halt for a week or so. An employer will not tolerate a person who cannot give consistency of attendance

 

I have no choice but to claim ESA. I have worked all my life and have had epilepsy all that time but have lost many jobs due to time off for seizures

 

If they take me off ESA i will go ballistic. It is a recognised neurological ailment. Unlike most other supposed ailments like depression, anxiety etc seizures mean you are UNCONSCIOUS! You cannot do anything because you are not 'alive'!

 

Even people with missing limbs etc know they will wake up in the morning. I dont have that luxury even with medication

 

Stress triggers my fits and lack of cash!

 

anyway chill and take care cos im off for a week

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the docs an cardio specialist have put me on GABOPENTIUM seems to be working only had a few attacks per month but my condition is vascular

oxygen starvation and to cure it would mean the skull coming of then a stint put into the blockage but it s a far to expensive an operation to perform plus risky because i could have a reaction brfore the operation begins ,so i just gotta take it easy and no stress,thats the killer stress yet it is hard to avoid huh...

patrickq1

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Just been told by the DWP that I have failed the ESA medical. Even though my epilepsy has worsened since Xmas they obviously have chosen to overlook that fact and simply rejected my arguments.

 

I am awaiting the actual letter and appeal form GL24.

 

How can I be fit for work when i'm having a grand mal seizure on the kitchen floor from which it takes around 5 days to fully recover only to have another one 4 weeks later and then another one and then another one!

 

mystifying but it seems they are now deliberately, as a matter of policy, and systematically failing people in contravention of overwhelming evidence

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  • 2 years later...

Hi loopinlouie I'm epileptic to i was diagnosed back in 2008 since I left school i have been for interviews for numerous jobs and they have all turned me down because of my seizures. I have applied for esa twice in the past year and have been told I'm not eligible as there are no signs that I'm unfit for work. What really has annoyed me is that my mate is on it for depression it really is ridiculous as he can get over that as us epileptics are stuck with our illness for life and its also a life threatening illness.

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What really has annoyed me is that my mate is on it for depression it really is ridiculous as he can get over that as us epileptics are stuck with our illness for life and its also a life threatening illness.

 

Wow, how ignorant. And some people don't have epilepsy for life.

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I sympathize with any ESA claimant who has such a serious condition and is denied benefit.

 

I think it is seriously wrong to suggest, however, that any claimant with a mental health issue is somehow less entitled. When it gets down to it, both epilepsy and depression (for example of a mental illness) are both caused by problems with the brain.

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Wow, how ignorant. And some people don't have epilepsy for life.

 

Nystagmite Whilst I agree with the sentiment of your comment and agree taht certainly the comment from andys12 seems to underestimate the organic and difficult nature of mental illness... epilepsy is a permanent condition, it is "for life".

 

Whilst the symptoms can be managed and some fortunate people control seizures completely with medication it is never cured, it can resurface at any time and medications may need adjustment over time. The medications also have some nasty side effects that can effect abilities also and in my husbands case he had to change medications completely as they reduced his white blood count and nearly killed him!

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I have never heard of anyone "outgrowing" epilepsy and in the literature it has always been pointed out that even if symptoms end the risk of them starting again is there..were they definitely epileptic seizures and not the other type?

 

I was always told that epilepsy is managed and not cured and although some can go without fits for years it is never safe to assume it has gone forever.

 

I am glad that your fits are no longer troubling you Nystagmite.

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Well, my mate Lee had epilepsy until he reached his teens. Then it seemed to vanish. Last week he caught a really bad chesty cold, a virus, and at 37 had a massive fit. He's devastated by it, not least because he smashed his front teeth out on the coffee table as he went down. I know very little about this disability, but he told me that as very young children both he and his sister had chicken pox and he was really ill with it, ended up in hospital whereas his sister was skipping around in a week or so. Anyway, his mum said that the fits started just after the chicken pox virus had gone.

 

And I agree, depression is a vile and dangerous mental illness, not easily shrugged off, and can cause a person to take their own life, harm others etc. There are several types of it, and none of them should be taken lightly.

 

I hope the op fights this all the way. I really feel for my friend, he spent all his school years being told not to bother studying this that and the other because his epilepsy would preclude him from many careers/ordinary employment, then he thinks he's free of it, trains to be a carpenter in his late 20's, gets lots of regular work, has a small business going, catches a cold, then bang, all of that is lost in a moment. I wonder how DWP are going to treat him.

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  • 1 year later...

Sorry to bump this old thread.

 

I'm also in the process of claiming ESA for epilepsy. Has anyone succeeded? Also, what descriptors apply to this condition?

 

I can only find:

 

9. Absence or loss of control whilst conscious leading to extensive evacuation of the

bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of

any aids or adaptations which are normally, or could reasonably be, worn or used.

(a) At least once a month experiences

(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder;

or

(ii) substantial leakage of the contents of a collecting device;

sufficient to require cleaning and a change in clothing. 15 points

(b) The majority of the time is at risk of loss of control leading to extensive evacuation of the

bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if

not able to reach a toilet quickly. 6 points

© None of the above apply. 0 points

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I seem to remember they have now decided that the criteria you quoted doesn't apply when having a seizure. So, if you have a bladder / bowel problem which happens when concious, you'd get points. But you won't get points if it only happens during a seizure.

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Just seen this also, that voiding bladder/bowels during a seizure no longer counts (the law changed Jan '13).

 

Just seen another descriptor that applies:

 

10. Consciousness during waking moments.

(a) At least once a week, has an involuntary episode of lost or altered consciousness

resulting in significantly disrupted awareness or concentration. 15 points

(b) At least once a month, has an involuntary episode of lost or altered consciousness

resulting in significantly disrupted awareness or concentration. 6 points

© None of the above apply. 0 points

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Hi

 

This link for the Epilepsy Society may be of help: http://www.epilepsysociety.org.uk/about-esa#.UytOQ6NFDZ5

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