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    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  Irrespective he'd asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.  Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since. I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
    • Yes and will ask you if you are in agreement and or wish to add /remove any direction.
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Phone call from DWP a week after ATOS medical for ESA


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I never give out phone numbers to these people. In writing only it's the best way..

i had ESA medical 7th march a week later in the post a letter saying i was in the WRAG group, i took 5 working days to come to a decision.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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seems a lot here dont like talking on the phone, understandable I guess.

 

But bear in mind letters can go missing or delayed so if you dont talk on the phone you can miss information.

 

Worried33, i do it like that so they can't say this and that i always thought get it in writing is the best way and for me it is..

But i can see the point what you are saying.

It's all a gamble which is the right or wrong way..

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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well i got 2 examples.

 

my new atos appointment I still have no letter for, I do have the date/time due to the phone. Remember my last atos appointment I never got a latter and had got my benefit cutoff.

 

also my IB reconsideration I got a phonecall, even got my money, but got no letter.

 

in writing is always the best way for legal purposes for sure, its hard to prove something that you been told over the phone. But with the DWP they seem unreliable at sending letters out and recieving them.

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O Jesus!!!! now confused by that comeback Worried33 lol

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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Well the phone call was to let me know that I did not have enough points (as expected). I told him I am waiting on a phone call to go into hospital for approx 13 week and I was given two options:

 

 

  1. Claim JSA
  2. Stop claiming benefits

I told him I would be putting in an appeal and he said he would send me a GL27 or something in the post. I guess my benefits are stopped now?

I forgot to ask for a copy of my medical....when can I get this from? Is asking them to reconsider the same as an appeal? If not what form do you use for reconsideration or is it even worth the hassle?

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form gl24dwp os the form to appeal the decision, this will automatically be considered or a reconsideration and if the decision can be changed it will be rather than refer to the tribunal. You will need to send in medical evidence (fit note) from you GP for the duration of the reconsideration/appeal process.

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form gl24dwp os the form to appeal the decision, this will automatically be considered or a reconsideration and if the decision can be changed it will be rather than refer to the tribunal. You will need to send in medical evidence (fit note) from you GP for the duration of the reconsideration/appeal process.

 

 

My existing sick note that I sent is valid for another 3 monts. Do I need a fresh one to send with the GL24DWP form? thanks.

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Well the phone call was to let me know that I did not have enough points (as expected). I told him I am waiting on a phone call to go into hospital for approx 13 week and I was given two options:

 

 

  1. Claim JSA
  2. Stop claiming benefits

I told him I would be putting in an appeal and he said he would send me a GL27 or something in the post. I guess my benefits are stopped now?

I forgot to ask for a copy of my medical....when can I get this from? Is asking them to reconsider the same as an appeal? If not what form do you use for reconsideration or is it even worth the hassle?

 

did he tell you how you would sign on and look for work whilst in hospital?

 

funny DWP staff are telling people to fraudelently claim JSA to try and justify the decisions to remove ESA entitlement.

 

I had a DM tell me I would be able to get excused from signing on due to health as well as excused from looking for work. Unreal.

 

When you appeal and assuming they dont reconsider (so submit to tribunal service) you should get a copy of your medical report then.

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