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    • 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.    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. 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. 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) 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. 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. 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. 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.   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.  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. 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.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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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.

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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.

       

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esa and return to work credit


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sadone this is correct you have to provide proof of trading ie. invoices if you have purchased stuff for the buisness, recipets etc for work.

 

Suzibear i am sorted i hope lol im going self employed as a nail technician this has taken me 2 years to get this far, and last week i recieved confirmation from my council to work from home doing it, i have chronic back pain and at the moment have no car.

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Just check out that date on the final sick note before you do anything when you make the call

 

i will do mike, will phone them first thing in the morning and get that checked, then ring day after payment to close claim?

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i will do mike, will phone them first thing in the morning and get that checked, then ring day after payment to close claim?

 

you just need to be sure what date your med cert covers you to

then start the full timework next day :)

it must be continous to get HBRO and Job Grant :)

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I want to work at home too due to my mobility problems, but I was worried about the council trying to pin business rates on me. I've seen a few horror stories on the net that worried me.

 

I'd be using an old bedroom too, (the upper floors of my house are in bad state of repair and only really fit for storage anyway) so I was thinking of putting up a table in there.

 

I wonder If that would be okay with them?

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sadone my council just required me to fill a form in with what i would be doing, what hours i would be working, what i would have stored in the room for work use.

 

I then got a visit from my housing officer and he asked me two questions, then said he was waiting for the planning deptment and the roads deptment to get back to him, but didnt think there was any problems.

 

Business rates is payable if you use a room dedicated to work only, so as mine is a bedroom im fine.

 

Best thing to do is check on your council website and see what info you can find out as all councils are different.

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Thanks for that. I have a feeling as It's a room full of my old clutter/movie collections that they may think It's already looking like an art room. I may just stay low until I can figure out how much I'd need to work away from home and how much at home.

 

Why did they need to talk to planning and road? It's not like you were asking to build an extension or something.

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I've read up on the rules and as I was self employed before I claimed esa and I'm intending to go back to what I originally did for 20 years but at a vastly reduced hours that I don't need to present a business plan. I hope thats still correct.

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I will do, once i have spoke to them tomorrow will post up etc, i had no choice but to go selfmeployed i spent 10 yrs as a senior carer and nvq assessor, but because it wrecked my back when i moved to scotland it was impossible to get a job because of it, so i decided the way forward was self employment.

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sadone the questions were, would my business effect how many people came to my flat i said no as it was by appointment only.

 

and would it make a difference with extra cars etc parking and that was no again and the parking issue was why he got sent out by the boss to check it out

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Ok i have finally got through to DWP today ref ESA my 13th week was last friday, i am due a payment this thursday from them, the girl also confirmed this.

 

I asked if i ended my claim today will you pay me up to the sick note runs out, was told no, she said if i am closeing the claim to ring back on thursday morning, and close the claim then as i would loose money by doing it today.

 

So on thursday i end my claim for ESA and will claim reutrn to work credit and tax credits, plus job grant, just hope it doesnt take to long to come through.

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Ok i have finally got through to DWP today ref ESA my 13th week was last friday, i am due a payment this thursday from them, the girl also confirmed this.

 

I asked if i ended my claim today will you pay me up to the sick note runs out, was told no, she said if i am closeing the claim to ring back on thursday morning, and close the claim then as i would loose money by doing it today.

 

So on thursday i end my claim for ESA and will claim reutrn to work credit and tax credits, plus job grant, just hope it doesnt take to long to come through.

 

Please let us know how you get on. :) As I'm so close to having my medical I'm thinking of still sending off the form and then maybe ending my claim before I get any result back. I need to get onto that advisor first too.

 

Also let us know about your experience with Tax credits as although I could claim I'm still very wary of doing so.

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