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    • Tangliss, if you can't upload the letter, could you tell us what the heading is please? My understanding is it should say 'Letter before claim' or similar. HB
    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Passed ESA medical AGAIN second time i was wondering DLA??


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Hi, I have passed my ESA medical for the second time for severe depression and anxiety. I have been told to apply for DLA aswell due to care and getting around the reason for this is as follows.

 

I have been with my partner for 5years and she has supported me through these hard times which i am truly lucky to have been given a partner like her. She is a carer at the moment going house to house looking after people. When she is off work or even when she is at work if i need anything i call her and she will take me places i need to go due to myself been paranoid to go outside.

 

She helps with a number of things ranging from taking me shopping, cooking meals, cleaning up and reminding me to do things when i forget aswell as cleaning my clothes.

 

I also get support of my mother alot when she is not around. I was wondering would i be able to get DLA as i have been on ESA for over 3years. I am currently in the WRAG group and have to attend interviews but my support worker is very helpful so i arrange times and can cancel times due to my partner having to accompany me to interviews.

 

Thanks and hope to get some help on this.

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DLA is a payment for expenses you have due to a disability.The government web site says:

 

"DLA is paid to provide a financial contribution towards the extra costs experienced by disabled people as a direct result of their disabilities."

 

If you have costs then claim.There are two possible areas,mobility and care.

 

Mobility covers anything to do with getting about.

 

Care is paid if you need more than 1 hours help during the day or i believe 20 minutes during the night.

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You can also get DLA if your only care need is help preparing a meal for one person. Your cooking ability isn't taken into account. It's more the safety side of things.

 

My girlfriend cooks meals, Does washing for me and takes me to my relatives or anywere i need to go eg my work focused interview.

 

Should i apply then?

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If it's washing clothes, then it doesn't count as care.

 

but as above i have said that she cooks meals because of my depression i forget about cooking times. The only meals i make are micro meals and they are not healthy to live on.

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