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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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      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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Pension Credit £212 overpayment?


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Any overpayment by the DWP due to official error is nor recoverable under social security law - as long as they have all the correct info, if they make an error they can ask for the money back - but you don't have to pay it.

 

Please someone correct me if this has changed recently?

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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what does the entry say on the bank statement, does it give a national insurance number.?

Have you been on Pension Credit long?

Where you in receipt of IB or your partner?

It has my NI number and states it is from DWP. Have had PC for 2 years and spouse was on ESA up to end of April 2012. ESA stopped and PC increased for cover both of us. We just do not feel right about having a benefit that we may not be entitled to have when every one else is struggling.

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Thursday is a weird payday too. And if its got your NINO on to then its definately something that belongs to you.

They have your bank details..

I would just hold on to it, if its been paid incorrectly and they try to recover it then, no, its an official error.

so no OP

The amount I would say is two weeks couple rate of some benefit maybe...

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We have never applied for Income support and no to NINO. DWP checked and it is not an IS payment. It has us flummoxed and we feel as if we are hitting our heads against a brick wall. We have even asked them to stop the payment until it is investigated but the payment keeps coming!

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ISCS is Income Support Computer System.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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ISCS is Income Support Computer System.

Never heard of it and obviously neither have the DWP and why we would we be getting it if we had never applied? On checking payments into our account since starting this thread, when the ESA my wife received was stopped at end of April, my Pension Credit increased to £212 exactly the same amount as the DWP ISCS amount currently being paid as they never took into account that she was entitled to carer's allowance but not in payment. It seems strange that the two amounts should be exactly the same. My PC has since increased to £238 from £212 after adviing them about the carer's allowance.

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If you are worried about it and think you arent entitled to it, ask the DWP to remove it from your claim or payments and start a full investigation.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If you are worried about it and think you arent entitled to it, ask the DWP to remove it from your claim or payments and start a full investigation.

I have done this several times on the phone and twice in writing but they insist I am entitled to it. I have not had any paper work from any one advising of the benefit payment. I am inclined to agree with others that it is an official mistake that for some reason they do not want to rectify. I have exhausted all avenues to get it rectified.

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Well, teh best thing to do now, is to let them pay you, but keep the money in your bank. Write an official complaint stating that you have contacted them multiple times, and you have been advised you are fully entitled to it. However, you have no knowledge of what benefit it is actually for. Demand that they tell you exactly what benefit the payments are for, and if they cant, to start a investigation.

 

Address it as high up as you can, and since you will be heading it, official complaint, they will be forced to look into it for you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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ISCS is Income Support Computer System.

 

Yes, and Pension Credit uses the Income Support Computer System to process claims and payments. Seen it on numerous SARs.

 

If it's an official error then it is not recoverable. Some DWP payments are recoverable as a result of official error but Pension Credit and Income Support are not. If it shows ISCS then it will always be IS or PC

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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How can you be if you receive PC / ESA? You can't (as you probably know) receive both.

 

It is only income related ESA that you can't get with PC, I am in the ESA Support group (wich is contribution based), and our PC is reduced £ for £, I am also have an underlying entitlement to carers allowance for my wife so we actually get the same money as the OP, exept we don't get the £212. As correctly identified by others on your bank statment each payment has a code, and from DWP they include ones NINo and a code for the kind of benefit followed by a load of numbers.

 

Pension Credit = PC

State pension = SP

DLA = DLA

ESA = EESA

 

All I can suggest is to put the £212 in a high interest account and leave it alone unttill someone can say for certain what it is.

Edited by count orlok
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Yes, and Pension Credit uses the Income Support Computer System to process claims and payments. Seen it on numerous SARs.

 

If it's an official error then it is not recoverable. Some DWP payments are recoverable as a result of official error but Pension Credit and Income Support are not. If it shows ISCS then it will always be IS or PC

 

Really confused as at no time did we complete any forms verbally or in writing claiming IS. Strange that DWP does not know code and continues to pay the £212. Not even sure how they would come up with that figure.

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As mentioned before, keep the money safe, and write a formal complaint to the DWP, and state everything that has happened. Remember, if it is their mistake, then you will be allowed to keep it. However that is up to you, as they will ask for it back, but they cant pursue you if you say no.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Really confused as at no time did we complete any forms verbally or in writing claiming IS. Strange that DWP does not know code and continues to pay the £212. Not even sure how they would come up with that figure.

 

If you haven't claimed IS then it must be Pension Credit that is processing the payment; IS and PC are the only claims that can be put onto the ISCS. That doesn't tell you what benefit it is because sometimes if more than one benefit is in payment, it is one department that will deal with the payment for both.

 

For example when IB was active, a person could have IB with an IS top up. Sometimes both the payment for IB and IS was paid by IS so it came from ISCS (the income support computer system) but each department still held control over each claim.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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