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    • 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.  
    • 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.
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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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Odd payment of ESA


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I believe ESA is normally paid every fortnight but today I was due my first payment of full esa after coming off the assesment rate. My assesment priod ended in the middle of last week so I seem to have go one weeks money for this week plue have a weeks money from last week does this mean I will get two weeks money next money? and go on from there as nomal?

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have you had your medical? if not you should continue on the assessment rate until you do.

if you have had the medical and the payments have stopped, you can assume you failed to get the 15 points, this happened to me.

 

contact your local DWP office and comence an appeal to get your money re-instated

had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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Yes I have had my medical and I have been placed in the support group. I get a letter saying I would be getting ESA support group from the 20th of April except I get paid on Mondays. I seem to have got paid one weeks ESA support group from today plus three days of last week (friday, saturday and sunday). This is fine however I thought that normally you got esa paid fortnightly? Do you know if this means I will get paid fortnightly from next week?

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Under most normal circumstances, ESA is paid fortnightly in arrears. Your payment date is determined by the last two digits of your NI number.

 

If the last two digits represent an even number your next payment will be due on the 30th April; if they're odd, it will be 6th May. Without knowing precisely what period is covered by the payment you received today, it's hard to say what you will receive on your next payment date.

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

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Under most normal circumstances, ESA is paid fortnightly in arrears. Your payment date is determined by the last two digits of your NI number.

 

If the last two digits represent an even number your next payment will be due on the 30th April; if they're odd, it will be 6th May. Without knowing precisely what period is covered by the payment you received today, it's hard to say what you will receive on your next payment date.

 

My national insurance number ends with odd digits which means I should get my next payment on the 6th of May.

 

I am a bit confused as I was expecting to get two weeks money today and what I actually got works out to about £70 less than that so if they don't pay me agan until the 6th of may then just pay me 2 weeks as normal then that would like missing out a big chunk of a weeks benefit money. I really hate to complain about it but money has been so tight that I really need every penny.

 

My claim letter does say something about the amounts on the page applying from the 24th of April which may have something to do with it even though the letter also says I will be paid ESA at the rate of £119.85 a week from the 20th of April.

 

At first when I checked my account I thought they had paid me one weeks money from today plus the three days from friday the 20th of April but what will happen with next weeks money if they are unlikely to pay me again until the 6th of May now?

Edited by Zarbafi
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could the part payment be the arrears? and you will get the new level from xxxx

 

It could be and I did think that at first and thought they might start paying as normal from next week but if they start paying me two weeks from the 6th of may that means they will just skip a week altogether and I will lose that money as far as I can tell. I hate having to call the DWP up but I guess I might have to just to find out what is happening here.

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It could be and I did think that at first and thought they might start paying as normal from next week but if they start paying me two weeks from the 6th of may that means they will just skip a week altogether and I will lose that money as far as I can tell. I hate having to call the DWP up but I guess I might have to just to find out what is happening here.

 

You shouldn't lose any money as long as you have sick notes to cover you until the day you were placed in the Support Group. It would be worth calling them to find out what today's payment was.

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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have they just paid you then, a week at the old rate remember it has gone up due to the annual increase, and three days, and then not paid you anything for the 20th to the 23rd, things like this happen... especially if you have had a change... if the amount you have received is about £104 then I would say this is whats happened

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You shouldn't lose any money as long as you have sick notes to cover you until the day you were placed in the Support Group. It would be worth calling them to find out what today's payment was.

 

I have a sick not that covers me until July I think, well beyond the assesment period in any case. I will give them a call tomorrow then, something to look forward to :)

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have they just paid you then, a week at the old rate remember it has gone up due to the annual increase, and three days, and then not paid you anything for the 20th to the 23rd, things like this happen... especially if you have had a change... if the amount you have received is about £104 then I would say this is whats happened

 

Yeah I just got paid today. I wasn't worried about getting paid for the 20th to the 23rd really but that just weemed to make the most sense really figures wise. I seem to have got paid about £169 which makes no sense as it isn't the old rate or the new rate it only makes sense as the new rate and three days. but then next week is missing. I guess I just have to bite the bullet and phone them.

 

When did the rates actually change over for ESA? My letter says rate stated should be paid from the start of my payments but perhaps they are only from the end of april.

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save you a phone call the money you have had today is spot on

broken down roughly

10 to 16 april £71

17 to 19 £30

new rate 20 to 23 at your new assement rate 4 days £68. you said you were going to be getting £120 so total paid £169

figures not rounded up or down lol

 

next payment due friday 4th as its bank holiday £240 due then

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I seem to remember that benefits are paid in arrears; not advance.

 

save you a phone call the money you have had today is spot on

broken down roughly

10 to 16 april £71

17 to 19 £30

new rate 20 to 23 at your new assement rate 4 days £68. you said you were going to be getting £120 so total paid £169

figures not rounded up or down lol

 

next payment due friday 4th as its bank holiday £240 due then

 

Ok that seems to solve the mystery then I was thinking that I was getting paid in advance but I am getting paid in arrears? That solves it thanks so much everyone!

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