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    • 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 ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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esa and return to work credit


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Hi all i am currently on esa my sick note runs out next week.

 

I have been currently getting ready to go self employed, so as of next week i will end my esa claim, i was due to have a medical last week, my firend had agreed to take but their car had broke down so i couldnt get there.

 

I rang and rearranged my appointment for today, except yesterday i hurt my back while trying to some work in the garden, i rang first thing this morning to sy i couldnt get to the medical, and was told i was not able to change the appointment and i still had to attend, i informed the girl on the phone i could not even stand up straight let alone attempt several bus journeys and then a walk to the centre.

 

I am now in a bit of a panic as i was coming off esa next week anyway, but i know i will hear from the esa people as to why i didnt attend the medical, i am worried as once i come of esa i was going to apply for return to work credit as i will have no money until the business gets going.

 

 

Would they stop my esa from today?

 

Would be greatful of any help

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They may do, you failed to attend your medical and will have to show good reason for not attending,

If they do suspend and close then you will not be entitled to your Job Grant HBRO etc etc.

You will have to give them a ring and see what they say Monday, what a shame you didnt start your self employment last Monday :(

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i did think that my claim was up this thursday but when i rang them they said my sick note runs out on the 21st.

 

i am confused with sick notes, i was first signed off on march 16 th for 4 weeks

 

then april 13th for 4 weeks

 

then may 11th for five weeks.

 

does my claim start from the day i was signed off? when was/is my 13th week incase i have got dates wrong

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i have no idea thats what they told me when i rang them up on thursday to find out when my sick note ended.

 

Tink i will give them another ring in the morning to find out what is going on, does this mean i may be in the clear and be able to get my return to work credit?

 

and thanks for your help x

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i have no idea thats what they told me when i rang them up on thursday to find out when my sick note ended.

 

Tink i will give them another ring in the morning to find out what is going on, does this mean i may be in the clear and be able to get my return to work credit?

 

and thanks for your help x

 

If they are saying you are ok to the 21st and you bring your S/E start date forward to start before the 21st , you will be enitled to it all if its accepted :)

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Return to Work Credit is a tax-free payment of £40 per week for people that have, or have had, a health condition or disability.

It can be payable for up to 52 weeks as long as:

 

  • your job is expected to last at least five weeks
  • you are working on average over 16 hours a week
  • your gross earnings do not exceed £288.46 per week, or £1,250 per month
  • you are earning at least the National Minimum Wage
  • you have been getting an incapacity benefit for 13 continuous weeks or more
  • you have started work or will be starting work within the five-week period immediately after being entitled to a qualifying benefit

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ok so would i end my claim say the 20th , the lady i spoke to said i will get my 2week payment on the 21st and to ring back then and end the claim or could i do it from say monday that i went self employed?

 

Sorry if im confusing you x

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no problem we got a number from jc phoned them answered a few questions she sent form out we filled it in sent it back then got award notice saying it could take 5 weeks before we got any payments might take longer for self employed but just fill it in and see how u get on

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Before you dive in I would ring up and confirm what indeed is your last date of ESA that covered by your sick note first..

If you are owed benefit you WILL be paid up to the date your sick note covers.

If you ring up and end your claim they can pay you by FP, same day banking for your last paymrent.

 

If you are starting full time work you need to start it the day after your med cert runs out , to get job grant and HBRO

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i was told by a mate that the return to work credit takes about 2 weeks to get sorted and the job grant took a month to come through.

 

Im still not sure what day to end my claim.

 

JOB grant is paid the same day you notify the office takes three days to credit

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suzibear already got the forms from jobcentre, and my business advisor as signed them so just need to get them in the post on monday morning, also need to ring for tax credits to confirm date of self employment as i have already been in touch with them.

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I've seen that those going self employed have to fill out a weekly working hours sheet, and that you have to go in and review your situation after the first 10 weeks, and then after 26 weeks. Anyone know If this is correct?

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