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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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ESA medical UPDATE post #30


phil76
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Thankyou, yeah it is i dont have to worry about if doctor will give me a sick note or not,what would happen next? would i have another assessment at a later date and how often do they want to see you?

 

I just hope i can start feeling well again soon

 

Thanks

 

Phil

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Thankyou, yeah it is i dont have to worry about if doctor will give me a sick note or not,what would happen next? would i have another assessment at a later date and how often do they want to see you?

 

I just hope i can start feeling well again soon

 

Thanks

 

Phil

 

Whilst you now don't have to produce anymore sick notes, there will come a time when you will be re-assessed. In my case re-assessment is every 3 months. I too am in the Support Group and quite rightly expect to be reviewed at regular intervals, just in case I fail to notify the DWP that I get better.

 

The only drawback is having to fill out those ESA50 forms with up dated information every time, and have the assessment.

 

With the odds stacked against a 'win' at the assessment (sometimes you can fail completely even though three months earlier you went straight into the Support Group), I prefer to keep my 6 monthly sick notes up to date. I get 2 a year and send them in to the DWP even though they say they don't want them. With four re-assessments a year I am likely to fail two of them! Law of averages!!!

 

I do it this way because I don't fancy trying to convince my GP every few months to start issuing them after a failure whilst waiting to go to the Tribunal appeal.

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Whilst you now don't have to produce anymore sick notes, there will come a time when you will be re-assessed. In my case re-assessment is every 3 months. I too am in the Support Group and quite rightly expect to be reviewed at regular intervals, just in case I fail to notify the DWP that I get better.

 

The only drawback is having to fill out those ESA50 forms with up dated information every time, and have the assessment.

 

With the odds stacked against a 'win' at the assessment (sometimes you can fail completely even though three months earlier you went straight into the Support Group), I prefer to keep my 6 monthly sick notes up to date. I get 2 a year and send them in to the DWP even though they say they don't want them. With four re-assessments a year I am likely to fail two of them! Law of averages!!!

 

I do it this way because I don't fancy trying to convince my GP every few months to start issuing them after a failure whilst waiting to go to the Tribunal appeal.

 

Ok thanks for the info:-)

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Hi everyone,

don't be put off , I had an esa medical by ATOS in february last year, I was and still suffering with severe back problems and due to have surgery this month. I suffer with spinal canal stenosis and scoliosis of the spine together with misplaced discs which gives severe back and leg pain with instances of pins and needles and numbness in legs, back, and groin.

The medical was a farce, the doctor would not look at any off my medical notes from my doctor or neuro-surgeon, he just asked a few questions .

he then asked me to lie on a couch and lift my bad leg which i couldn't without his help and also to squat down and then rise and i had to ask for his help because i was in agony.

He ignored my request to put spinal stenosis on his report.

He put backache and said it was easier to understand.

Needless to say in may I received a letter from the esa saying my benefit would stop and was fit for work

I appealed and asked for a copy of my medical report which scored me zero, and was full of conflicting evidence, missing out my symptoms, the tablets I was taking etc, he even said that he had done a thorough medical of my back.

I didn't even take my sweater off because i wasnt examined.

I sent the appeal back together with my notes on the medical report and lo and behold I was denied again and told if I wanted to take it further it would be a tribunal.

So I did and game them the same medical evidence I had and was told the tribunal would be in november but eventually a date was given for february 9th this year.

I passed this time with a score off 18, at the medical it was 0 and was told all extra money due to me from last year would be re-imbursed which is around £1000.

So if you have any medical evidence whatsoever, from doctor, surgeon, physio etc send it in to the tribunal, ask your doctor as well to write a personal letter on your behalf and forward that to the tribunal as well.

All I want now is my spinal operation and to recuperate and i now know the esa won't be on my " back" every few months.

I will get regular reviews after the operation but the judge at the tribunal said it would be through my surgeon and doctor

 

good luck everybody

 

John

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  • 6 months later...

Hello everyone dont know if you remember me but i suffer with anxiety and depression had this for a while now and had my first medicak back in january i think it was,had another medical last week and this time have failed :( this has really made me feel really low again,im going to appeal because i still suffer the same problems,do you think i have much chance of winning appeal and will i still get any money while appealing? thanks

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Assuming its ESA you're claiming, your payments should resume soon after your appeal form is received.

 

It is difficult to know whether you have a chance of winning, it depends on so many things, like how well you can show the ATOS assessment did not adequestely assess you, what medical evidence you can collect and how well it relates to the descriptors you meet - indeed whether you actually meet enough descriptors to score 15 points or meet the exceptional circumstances criteria. Also how consistent you have been through ESA50, ATOS assessment and Tribunal, and whether you do well at presenting your case on the day, and how receptive the Tribunal are on the day.

 

Without more info, its impossible to say - all we can say is we're here to help.

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Do they not realise by stopping people's money they make us feel alot worse than we already do? I already have high anxiety/depression without worrying about my money being stopped and now I feel alot worse because of the letter I received today :( :(

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