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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.
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      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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How long does it take DM to make Decision ?


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I'm still waiting since February, after sending in the GL24, from getting Nil points in my IB to ESA Migration, I'm still on the assessment rate, still sending in Med Certs, can anyone say if this means I'm going to Tribunal or can it take this long for a DM to make contact.

 

When I called DWP call centre they have no idea where I stand, just say keep sending in Med Certs, I only want to know will I hear from a DM, or is it done deal and I'm going for Tribunal hearing, it's been hell not knowing anything.

 

Is this the norm for people, the DWP site states during the process once you submit the GL24 you will hear from the DM if they been able to overturn the ATOS points, but I've had no definite details from them, just the usual letter saying they will pay assessment rate till my appeal is looked at.

 

thanks for reading, just feeling so ill with worrying

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There is a backlog with reconsiderations but I wouldn't think the backlog is that big! So in my opinion I think the decision has not been changed by the DM and your claim has been referred to the Tribunal, and the Tribunal can be approx 6 months before it is heard.

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I appealed via the GL24 in February, the DWP phoned me about six weeks later asking if I still wished to go ahead with the appeal, I said yes and the paperwork from the DWP arrived four weeks later, and the paperwork from the tribunal service a couple of weeks after that, My appeal hearing is not before 01/10/2012.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Thanks for your replies, I'm worried as it does seem to me I would have had something by now, but when I called them they said I will hear from the DM in due course, they could not tell me if I was being sent to Tribunal or not as it does not show on their system. I'm going to phone again, I just want to get an answer as to what the DM's decision is, not just left in limbo, I thought they had to tell you not just send you to Tribunal without letting you know their decision first.

 

Osdset you say you had a call from them, that's what I mean, I've not heard a thing.

 

 

 

thanks again for your help guys

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cocoriver,

Just a thought, did you state that you wanted to appeal on the GL24, or ask for a reconsideration?

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Hi osdset, I'm not sure because I was told by DWP to go into Jobcentre for help and the GL24 was filled out by the man I saw there, he then faxed it on to the correct dept, I had no idea there was a difference, I was just told to send in a GL24 within one month of getting nil points letter, they don't offer information so if you don't no what to do it's a mine field.

I'm going to phone on Tuesday and try to find out, thanks for taking time to read my post

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Hi osdset, I'm not sure because I was told by DWP to go into Jobcentre for help and the GL24 was filled out by the man I saw there, he then faxed it on to the correct dept, I had no idea there was a difference, I was just told to send in a GL24 within one month of getting nil points letter, they don't offer information so if you don't no what to do it's a mine field.

I'm going to phone on Tuesday and try to find out, thanks for taking time to read my post

 

Hmm, personally I would not have let someone else fill out the GL24, I take it you did not see what was written, for an appeal you normally state why you disagree with the DWP's decision, and ask for it to go to appeal.

 

I have no experience with claims migration but I know that in the case of a new claim for ESA, if a reconsideration is asked for benefits stop until the decision is made, you are still getting paid so I'm guessing he has requested an appeal.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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The problem was when I got the letter saying I had nil points, I phoned DWP and they suggested they make an appointment for me at Jobcentre where someone would help with the forms, as it has never happened to me before I was unsure of the process. I did see the GL24 as he asked me what I'd like to be put on the form as my reasons for appeal, basically that I disagreed with the ATOS medical, Nil points etc, so that's basically what he put on the form, then faxed it off, a couple of weeks later I got a letter saying it had been received, and they would look at the decision and if it could be changed they would let me know, then I got a letter saying I would be paid assessment rate until decision on my appeal had been made.

 

I phoned and ask did that mean I was being passed to tribunal but was told, as it was not showing on the system they could not tell me, but I should hear from a DM in due course, just to keep sending med certs, that's it, nothing since then. Now in May, and very worried indeed.

 

thanks again for taking the time to read my posts

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OK, so as others have said, it looks very much like the reconsideration has been done, the DM did not change the decision in your favour, so it has gone to the Tribunal. That's not great, but not a disaster either as the Tribunals do regularly find in favour of ESA claimants.

 

You may wish to read Site Team member Honeybee13's excellent sticky thread (the threads that appear in a kind of nasty greenish colour at the top of the forum) for more information about the appeals process.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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Hi Antone, yes very much looks to be that way, I realize now I never fully understood what was happening, I was waiting to hear from the DM and now think I already have, going by the letter they sent back in Feb. But when I called them to clarify either way they would not say if I was going to Tribunal as they just kept telling me it did not show on the system that I was, so it could go either way, seems to me the DM did not change the decision back in February and I've been waiting for Tribunal papers all this time without even knowing it.

 

It's just ever y thing I've read, ie DWP link to the Appeals process, states you will hear from the DM, so I stupidly thought I'd get another letter or phone call.

 

I feel really stressed that I failed to understand what was happening, it's really upset me. I don't know if I'll be able to attend the Tribunal but as everyone says, it's better to go.

 

Thanks again for your help everyone, and best of luck to you all

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hi,

 

just a thought here, have you when you have rung the dwp about this ever been offered a call back from the decision makers? If not ring and request one. They will be able to tell you whether or not it is going to tribunal.

 

Also have you seen a copy of the assessment report that would help you emensely in your appeal arguing.

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here is what I got told regarding the delays etc.

 

the time the appeal/letter is recieved by sorting office is recorded so they use that date to decide if you appealed on time, however fromt hat point it can easily be many weeks before a DM looks at it. Most likely your appeal is sitting in a pile waiting to be looked at, once my last appeal was looked at the DM made a decision the same day.

 

As I understand it you will know if they submitted to trbunal because when they do that you have to be sent a copy of the documents related to the case.

 

It seems the DWP have issues communicating via letters and too many people are just left waiting in silence.

 

Asking for a callback from the BDC in my experience speeds things up. As they usually will look for your stuff first before ringing you back.

 

I rememebr ringing up been told by the call centre staff not to worry as the tribunal service has delays, and I pushed to find out the DM hadnt even got to it yet. I knew from past experience of tribunals I would get documentation when it gets submitted.

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Hi, yes I've made several calls, mostly to the call centre staff, with different responses, ranging from it takes months for appeals to be looked at, to no your not necessarily going to tribunal yet, I had one call back with regard to being asked to send in a follow on med cert, I call to say it had been done but the call centre said it had not arrived so they gave me a call back, the lady that called me just took the details of the med cert and said she would update it there and then, but had no other information for me.

 

My last call, Tuesday this week, I was again told, nothing on the system saying I was going to Tribunal, can take months to be looked at and could go either way, but most people do have to go to Tribunal, just wait.

 

I may call again next week, and ask for a call back

 

thanks for your help

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