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    • It's genuinely amazing how you managed to rebuke pretty much all of my points without giving a single shred of evidence to prove it. When asked for evidence all you claim is that "it's clear cut" but how is anyone here meant to know if you won't show it?   I agree with this. If you can't convince us, how are you going to convince the judges when this inevitably goes to court?
    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
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dwp review to add chronic illnesses to dla


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hi everybody. my husband has mental illness and is getting dla high rate for care, and low rate for mobility.

he has been told that he has now got COPD, Angina & Emphisema. he has been granted a blue badge as he cannot walk more than 50yds without help. i want to add this to the dla so we can get the higher rate mobility, then he will be able to get out and about. i have been told that if i ask for a review the dwp could take away his existing benefits, i know that they will have to treat it as a new claim, but while i am awaiting the decision will they stop his benefits. these illnesses are none treatable so i am so worried about this, i wonder if it is worth the hassle, he has 2yrs left of his current dla. help!!!!!!!! rigbyp56

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It's not treated as a new claim, it's treated as a supersession - the new decision will supercede the old decision, so they don't stop his money whilst awaiting a decision.

 

They do review the entire claim and this can result in the award being decreased, increased or removed entirely, but the payments are not affected until the date that the new decision is made.

 

To do this, call 08457 123456 and tell them that your husband's condition has deteriorated and you wish the claim to be looked at again, taking into account the new information - ask them to send you the relevant forms. Complete the forms and return within the date specified. I would also stress that you should include supporting evidence of the deterioration; copy of entitlement to the blue badge, and a letter of support if you can get it from your husband's medical professionals.

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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

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thank you erika, i will try and get all the paperwork together before i ring them. my husbands gp has told me that when i get the forms i am to take them to him and he will fill them in. his chest consultant has made an appointment to see him in december, so i dont know wheher he will see him before then, his phsycologist may be able to help, and i dont know if the blue badge people would give me a copy of the entitlement letter. i will try tomorrow. thank you once again erika. rigbyp56

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They might not give a copy of the entitlement letter to you but they must give it to your husband. If there's a delay, photocopy the blue badge itself to show that he now has one due to his restricted mobility - you can do this for free at your local jobcentre and ask the staff member to stamp it "true copy".

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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hi everybody. my husband has mental illness and is getting dla high rate for care, and low rate for mobility.

he has been told that he has now got COPD, Angina & Emphisema. he has been granted a blue badge as he cannot walk more than 50yds without help. i want to add this to the dla so we can get the higher rate mobility, then he will be able to get out and about. i have been told that if i ask for a review the dwp could take away his existing benefits, i know that they will have to treat it as a new claim, but while i am awaiting the decision will they stop his benefits. these illnesses are none treatable so i am so worried about this, i wonder if it is worth the hassle, he has 2yrs left of his current dla. help!!!!!!!! rigbyp56

 

 

Hi, what Erika has said is correct.

 

In the past I was awarded High Rate Care & Mobility (1995 for life) and over the years I have put in many DLA Review forms. Each time the result was a withdrawal/reduction of benefits. This to be honest didn't bother me as I was glad that I was getting away from the stigma as I saw it of being classed as 'metally disabled'.

 

Anyhow, following a deterioration of my health over the past 6 years, my care and mobility needs have gone up. I decided a few months back to ask for another review as I & my GP felt that being on Low Rate Mobility only was not now relevant. Being optimistic and honest, and bearing in mind I had accepted the earlier reductions at my request, I thought the DWP would be fair and reasonable with me.

 

Nope, I have just been told that following a review of my form and a report from my GP that they asked for, I am not now entitled to anything. So I have lost the Low Rate mobility element and found that I do not have any Care related problems.

 

Been to see my GP as I was not happy that he had recommended that result. He said that he was asked for his comments to the questions asked which he did. This is maybe because although he suggested that I should have it increased, I am not the best type of patient. Either I don't go to see him when I should, and when I do, I tend to crack jokes to cover up nervousness and fear of my illnesses and what is happening to me..

 

I have considered an appeal but with my GP giving this evidence to the DWP, and the DWP finding me fit for work following a medical for ESA, I can't see how I can get it overturned. So I have put it down as experience and that I should not put trust and faith in anybody other than my own close family.

 

As a side issue to this I went for a DWP medical in Jan 2010 and was told then that I am fit for work and that there is nothing wrong with me. That was my fault because I failed to give them anything other than basic information and failed to disclose all of my illnesses. I have had help with an appeal for this, but was recently told that it would be early 2011 before it is heard. Given the anxiety I am under mainly caused by this appeal, and the way my family is suffering because of it, I have recently told them to cancel the appeal.

 

I am trying to find some work at present but not being lucky with the search. I have claimed JSA but that is short lived as the claim only lasts for 6 months. Hopefully something will drop in my lap within the next 5 months or so.

 

I do hope things go right for you.

Edited by ANDYANDFLO
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thanks andyandflo, i wont be making any decisions until i have all the paperwork from the various departments, dealing with my husbands illnesses, his gp has told me that he will back us to the hilt, as he knows what my husband is going through,

regards. rigbyp56

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Great stuff - let us know how you get on. Also have a look at this post for some links which may help with the form completion.

 

Dr's are very good at writing supporting letters but unfortunately I find that a large majority of them don't know much about what benefit entitlement actually entails; they tend to focus on the medical condition itself generically, which isn't enough on its own to support DLA. The information about his medical condition is useless unless it specifies in great detail what care and mobility needs arise from it, in his particular case.

 

Make sure that if your husband's GP is assisting with the form completion that he is aware of what is requried for a DLA claim to be successful - many (not all but many) Dr's aren't and think that the medical condition alone and its generic effects is enough.

 

If you need any more help, don't hesitate to ask.

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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thanks andyandflo, i wont be making any decisions until i have all the paperwork from the various departments, dealing with my husbands illnesses, his gp has told me that he will back us to the hilt, as he knows what my husband is going through,

regards. rigbyp56

 

You are very lucky to be having that level of support.

 

Glad that he will achieve all that he is entitled to.

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  • 4 months later...

That's fabulous news - I am over the moon for you. It's such a weight off to know that you can get by.

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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