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    • 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 ?
    • 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.🙂
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ESA and Carers Allowance


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I am on ESA for anxiety (GAD), depression and ocd and

 

last January won my appeal with the tribunal and was put into the WRAG group.

 

I have been attending for the past year and not missed an appointment.

 

Recently I have become my Mums full time carer and am in receipt of carers allowance

and a carers premium on my ESA.

 

I volunteer for a charity shop 2 afternoons a week on days when my sister

is not in work so she can sit with my Mum, just something so I can have a break.

 

I have recently got a new adviser at A4E and only met her once last month at my latest appointment.

 

She booked me on a CV writing class which was last week.

 

I called up to rearrange as from the Monday to the Friday

I didn't leave the house once as Mum was poorly so I needed to be there.

 

Today I got a letter to say she has rearranged the appointment for next Friday morning.

 

I told her last appointment when I met her my old adviser never booked me appointments on Fridays

as she knows it's the afternoon I work and apart from being incredibly anxious everytime I go to work

I cannot get anyone to sit with my Mum Friday morning and she said she won't book me in on Fridays for anything.

 

I am the only person who cares for Mum, my sister is the only other family we have and she works 4 jobs!

 

When I have notice of usually a month we can juggle something but this time I can't

as she is working till 12pm on the Friday and my appointment to do the CV class is 9.30am!

 

I am going to worry myself sick now for the next week as I have my next wri on the 28th

then the CV writing class 31st 9.30.

 

So worried as no one to sit with my Mum but if I don't go to the CV class I will be sanctioned.

 

Just feel under so much pressure when I am trying to do everything possible to every appointment.

 

I am so closed to being £120 worse off by going on income support

just to stop this added pressure even though I will be in massive debt if I did.

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I am on ESA for anxiety (GAD), depression and ocd and last January won my appeal with the tribunal and was put into the WRAG group. I have been attending for the past year and not missed an appointment. Recently I have become my Mums full time carer and am in receipt of carers allowance and a carers premium on my ESA.

 

So you are on the Work Programme as an ESA(IR) claimant - At the time of entry, you would have been a mandatory participant subject to the sanction regimes and other nastyness.

 

As you now have full time carer responsibilities (more on this in a sec), you move to one of the voluntary groups as listed in Annex A of https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264161/wp-pg-chapter-2.pdf - What you must do is to write to the DWP and inform them of a "change of circumstances". This need be no more than a simple:

I am now a full time carer for Mrs Anxious with all the attendant responsibilities. I kindly suggest that you inform A4e as a matter of urgency that I am now in one of the voluntary payment groups as per your provider guidance.
Now, the DWP will probably ask what level of care you are providing - Simply keeping an eye on an elderly and frail relative does not count. If your mum requires assistance in preparing meals, getting dressed, bathing, and other personal matters, it all counts. Are you registered with the local Adult Social Services department ?

If not, I'd recommend doing so as soon as possible.

 

As for the immediate problem of the CV writing course on Friday, you don't have much time. Write (either email or 1st class post) to your adviser (if using email, CC the branch manager) and state that due to care responsibilities, you are unable to attend and the session should be rebooked for another day (also point out that they are well aware of other commitments on that day, and ignoring them demonstrates a degree of negligence on their part) - If they say "yes", you should avoid a sanction, but that is not guaranteed... Or ask that they provide replacement care for your mum (the answer would be 'No'). One last question, does the appointment letter for this "course" conform to the example set out in Annex 4 of https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264163/wp-pg-chapter-3a-22-october-2012.pdf ?

 

If the appointment was verbal, via email, or text, then it is not mandatory - Appointments must be made in writing and the letter either handed to you or posted "in good time".

Edited by Mr.P

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Now, the DWP will probably ask what level of care you are providing - Simply keeping an eye on an elderly and frail relative does not count. If your mum requires assistance in preparing meals, getting dressed, bathing, and other personal matters, it all counts.

 

By awarding CA the DWP has already accepted that missanxious is providing 35+ hours per week of care for her Mum. JCP staff should be able to verify the CA award if necessary.

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By awarding CA the DWP has already accepted that missanxious is providing 35+ hours per week of care for her Mum. JCP staff should be able to verify the CA award if necessary.

 

Point taken regarding the CA award. The JCP/DWP should have also notified A4e that missanxious is now in a voluntary payment group and therefore not subject to the threat of sanctions. In her shoes, I would still be writing to the DWP urging them to notify the provider of the change.

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Point taken regarding the CA award. The JCP/DWP should have also notified A4e that missanxious is now in a voluntary payment group and therefore not subject to the threat of sanctions. In her shoes, I would still be writing to the DWP urging them to notify the provider of the change.

 

Agreed. They should have notified A4e, but odds are they haven't.

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Thank you so much for your replies and help, I appreciate it.

 

I just assumed because the DWP had adjusted my payments with a carers premium as I am now getting carers allowance the Jobcentre would know this? And because nothing has changed with A4E I assumed nothing would or could? I mentioned at my last appointment I am a carer for my Mum but didn't mention I was getting carers allowance. Should I mention it at my next appointment on Tuesday as I have been getting carers allowance for a few months now. Other than when I called the DWP ESA department to let them know so they could adjust my money I haven't told anyone else as assumed everyone to do with my benefits like Jobcentre and A4E would be informed?

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Follow Mr P's advice. While it's reasonable to expect that the DWP departments responsible will talk to each other and A4e, in practice it doesn't happen. However, now that you are a carer, you are no longer a mandatory participant in the Work Programme.

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Oh and do I write to DWP in Preston as that's one I deal with or my local Jobcentre please? Thank you again for your help

 

It's your local Jobcentre that deals with Work Programme issues, generally.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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You may need to find out if the local JCP office has a Work Programme liaison officer that normally handles this kind of thing. Failing that, go for the Third Party Provisions manager.

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