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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • 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.   House or Flat? 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. 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. 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. Again, points as above. 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) Why serve a delapidations 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. 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. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. 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. Redact and scan said evidence up for others to look at? 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. So this is dealt with then. 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.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. 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. 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. 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. 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. 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.  
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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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does anyone else struggle with autistic children

 

i have one autistic child and another thats going through diagnostics and may be unable to walk

 

im at the end of my tether alot of days

 

im not sleeping much as they always take my bed

 

the 4 year old only wakes twice a night

the 3 year old wakes 3/4 times a night

 

im not sure how to deal any help is appreciated

 

the 4 year old has forms in for dla, im pretty sure they will refuse tho this seems to be the case with most autistic children in our area

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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not realy no

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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I hear you labrat :-)

 

My 13 year old is autistic... So much hard work but worth it. What area are you from? I hate filling out DLA forms for my son as it's not until you start on them that you realize how much extra help they need, we just do it!

The best bit of advice anyone gave me is to pick my battles. I'm quite a strict mum and everything was a battle when my son was younger but I learnt to chill out a bit and things calmed down a lot. Don't get me wrong i'm still just as strict just in a different way. Concentrate on the important things. stick to one or two things at a time and once you have them nailed go on to the next.

Good luck hun and keep up the good work :-)

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thank you sometimes its enough to know someone else has the same issues

 

autism society wasnt much help, the toby henderson trust was

 

we are implimenting a new stratergy its cost a little more but now i have a spare bed for when they insist on getting in mine

 

sorry for the inital post its just overwelming some days

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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I have previously spent 13 years working with autism in adults as well as having a 9 year old son with it.

 

Every person with austism has different aspects to their personalities, and you cannot set standard rules for how to care for them. I personally had a terrible experience with the so called professionals at my local hospital. In the end I gave up using all their ideas and stopped going. My son is in main strean school and doing very well A/B grade student. The only issus he has is concentration, where he needs constant prodding to get on with his work.

 

You are the only person who knows your childrens behaviour, and what is likely to be good or bad for them. Standard methods cannot be applied, and I am appalled that hospitals try and practise them with autism.

 

Remember autism is mainly about how a persons brain processes information. You cannot forget that as a young child you will also get the usual bad behaviour, which is a normal part of growing up and testing the boundaries to see what happens. The main way a young child learns anything is by experience. Therefore if you mistake bad behaviour for autism, you could be creating more problems for yourself.

 

The main thing about dealing with your childs autism is how you communicate with him. Think about how he does things, ie repetitive operations, structured methods etc. I personally found that if I clearly explained everything in advance to my son then things went a lot better, ie what we were going to do and when. or why we were shopping. One of the most important things I did not do is maintain routine with the exception of bedtime, and even then I often had him sleeping in different houses just to change that. Routing is extremely difficult to maintain, therefore it is easier to constantly change things, but always remeber to clearly communicate in advance the change. Sudden change is always bad.

 

We were always very strict with our son, bad behaviour was never tolerated, therefore he never had a chance to develop into very bad behaviour. We did not allow autism to excuse bad behaviour, he spent plenty of time on the naughty step thats for sure. Bad behaviour caused by autism is usually triggered by something, and ive no doubt that you know what those triggers are, and you probably already work on diverting his attention before it becomes an issue.

 

As for sleeping in your bed, i gurantee you that its not an autism problem. You should explain to them that they are from now on going to be sleeping in their own beds. Remember to always remain calm, because this is going to be a battle. I have no doubt that when you put them in their own beds, that they will get up lots of times. For the first time they get up, just calmly say no, and put them back into their own bed. Every time they get up after that, do not say a word, just take them back to their beds, no speaking. You may have have to do this 20 times for 2/3 nights, but i promise you it will work. Remain CALM at all times.

 

Always be consistent, if you give a warning about something, always, always follow through. This is espcially important with autism, otherwise he will get confusing messages from you about what he can / cannot do. Remember he is always listening and learning, he just may not show it.

 

Remember you know your children best, not the doctors or specialist. Consistency/Love and patience will win through.

 

Best of luck.

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  • 2 weeks later...

Coping with a child with aspergers is tough during the day without having to do it with sleep deprivation also. When I was sleep deprived things seemed so bleak and I would start to cry so easily. You will be able to cope when you get some sleep and allow your mind to come up with coping strategies to make it through the day-thats what I did and things did get better!

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  • 2 weeks later...

thank you for all the advice

 

she is now receaving DLA on the high level they will be reassessing when she turns 5 on the mobility

 

this has allowed us to get several things that have calmed her down

 

she has got season passes for a place called snibston this is currently her favorite place in the world

 

the other thing we are looking at is talking to TTS supplies they are an education supplier and we are going to talk about equiping a foam room in the home this is something that has calmed her down considrably in the past, i mean foam shapes and safe flooring so if she throws herself around and wont hurt herself (it does help that we can get a staff discount from a friend)

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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If she has the higher rate of care, she may get the higher rate of mobility. This is payable from the age of 3.

 

To get this on severe mental impairment (SMI) grounds, the following must apply:

that your child must be entitled to the higher rate care component of DLA

 

that your child suffers from "a state of arrested development or incomplete physical development of the brain which results in severe impairment of intelligence and social functioning"

 

that your child exhibits disruptive behaviour which is extreme

 

that your child regularly requires another person to intervene and physically restrain them to prevent them causing physical injury to themselves or another or damage to property

 

that your child's behaviour is so unpredictable that they require another person to watch over them whenever they are awake

 

 

Source

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  • 4 weeks later...

does anyone ever get disability overpaid?

 

they have back dated this around 4 months and between DLA and raised tax credits it has paid around 1,500 in two months

 

we have used this to get

 

season passes for snibston (very helpful)

season passes for the zoo (helping with speach and walking as its the only place she will walk and she now talks, albeit about animals, alot better)

safety gates on stairs (fell down twice previosuly)

sensory equipment for rear room

treats to calm down, (this sounds bad until you realise that a 4 year old punched holes in a door by using a coke bottle as a battering ram)

 

apart from that the moneys in the account as we are worried they will ask for it back

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 1 month later...

You should get a letter off DLA with a breakdown of what you have been paid and your new weekly amount, and you should get a tax credit letter with a new disability element and severe disability element added on. You can also claim carers allowance as long as you don't earn over £100 a week - regardless of whether your partner is working and you can apply for the family fund for something for the child once a year (means tested charity but dla and tax credits are non taxable so do not count) holidays or computers for example! I know it can be daunting but the amount of money reflects the amount of work! Get in contact with your local social services and ask for a carers assessment - they will assess your needs as well as the childs and can provide respite for you to get a well earned break - my 7 year old gets 2 and a half hours a week and it leaves me time to spend with the other 2! I wish I could tell you it gets better but I cant, what it does is get different, at the moment the tantrums and meltdowns are not quite so bad as he has realised people are watching but when he refuses to move it is getting really hard as he's almost at my shoulder and before long I'm not going to be able to move him manually (then the fun will start!). And after many parenting classes I am happy to tell you it is not bribary if you give for good behaviour it is a reward it's only a bribe if you give before the good behaviour with the intention of good behaviour! Good Luck and btw we all have our days where we want to run for the hills its only natural!

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