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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.

      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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DWP demand access in your home & documents


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I agree. I would far rather take my documents to be copied and keep hold of them myself. When I really couldn't avoid that recently, I reluctantly sent them special delivery and they did come back, but I was worried until they arrived.

 

HB

 

My office (Glasgow BC) managed to lose someone's passport. Luckily it was not my section that was to blame, but jeez. So I can quite understand people not wishing to send valuable original documents.

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

 

 

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

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The council I work for will send a visiting officer to collect documents from someone that can't get out and about. They are taken back to the office, copied and then dropped back off.

 

It's a service- they ring up & ask for it.

Please do not ask me for advice via PM as I will not reply.

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My office (Glasgow BC) managed to lose someone's passport. Luckily it was not my section that was to blame, but jeez. So I can quite understand people not wishing to send valuable original documents.

 

Agree totally.... I wouldn't send mine in.

Please do not ask me for advice via PM as I will not reply.

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My office (Glasgow BC) managed to lose someone's passport. Luckily it was not my section that was to blame, but jeez. So I can quite understand people not wishing to send valuable original documents.

 

Not the DWP but the DVLA lost my friends birth certificate - to add insult to injury she had to pay for a replacement - the DVLA shifted the blame over to the PO and they - well you get the idea.

 

The worry is/was that someone has used it and at some time this person will surface.

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I agree. I would far rather take my documents to be copied and keep hold of them myself. When I really couldn't avoid that recently, I reluctantly sent them special delivery and they did come back, but I was worried until they arrived.

 

HB

 

 

last time I was asked to post my documents (BC and MC) I did photocopies of both and paid my GP a tenner to certify they were true copies of the originals he then signed and stamped both with the surgery stamp and I sent them off they were accepted.

 

 

My point is that living on the isle of Wight my post goes through more points then the mainland post (including the hovercraft) and post often goes missing I wont compromise my personal security for anyone.

 

 

My husband did the same thing when he had to send his off to his pension provider, again these were accepted - worth noting if anyone else has the same concerns

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The council I work for will send a visiting officer to collect documents from someone that can't get out and about. They are taken back to the office, copied and then dropped back off.

 

It's a service- they ring up & ask for it.

 

 

 

 

WHAT???? there's no way I would allow that to happen by all means send someone to look at the documents and say they have seen them but take them away - oh dearie me that will never happen with me

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WHAT???? there's no way I would allow that to happen by all means send someone to look at the documents and say they have seen them but take them away - oh dearie me that will never happen with me

 

It's not compulsory.. And they won't take passports or driving licences (photos are taken of those).

 

 

I do agree with your stance - ID fraud is on the rise.

Please do not ask me for advice via PM as I will not reply.

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Was just browsing the whatdotheyknow site and came across this FOI response, dated 16th July 2014;

 

https://www.whatdotheyknow.com/request/we_know_where_you_live#incoming-539693

 

If you read the response from DWP Central, it clearly states you don't have to do the interview in your house and can arrange for it to be done in the DWP's office with no penalty to your benefits. Straight from the horses mouth :)

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Was just browsing the whatdotheyknow site and came across this FOI response, dated 16th July 2014;

 

https://www.whatdotheyknow.com/request/we_know_where_you_live#incoming-539693

 

If you read the response from DWP Central, it clearly states you don't have to do the interview in your house and can arrange for it to be done in the DWP's office with no penalty to your benefits. Straight from the horses mouth :)

 

Which is more or less what we've been saying all along. You absolutely can turn down an unannounced CO visit. But thanks for digging that up - hopefully it will put an end to this silliness.

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

 

 

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

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  • 2 weeks later...

This is an interesting thread - a lot of scaremongering and hostility!

 

I come at this as an ex DWP worker (including compliance visits!) some years ago, and now as someone disabled, living with my disabled pensioner husband, so can see all sides here, It is true, as a previous poster pointed out, home visits are actually less common than they used to be, simply because the DWP now have access to many things, such as bank accounts, tax records, credit agencies etc.,

 

Compliance is, obviously, to check the validity of a claim, but, on some occasions, it has also helped those who gave been under claiming, and they have ended up better off.

 

We don't claim means tested benefits, so, no compliance visits, just the DLA and ESA medical checks, which are fair enough (and which, to be fair, have been hassle free).

 

We don't have to subject ourselves to submitting medical evidence, as we can just stop claiming. We choose to claim our entitlements, as we paid in, so we have to accept the checks!

 

As a taxpayer, I am more than happy for the DWP to check up on those claiming, because it is just not fair on the rest of us, when people sca* the system. It's also voluntary - no one is forced to claim public money!

 

I am also a bit weary of disabled people constantly being referred to, patronisingly, as 'vulnerable' and therefore, somehow incapable of dealing with a claim. We are not all sitting whimpering behind the front door, dreading the brown envelopes, phone calls, or doorbell!

 

Being in a wheelchair buggars your limbs up, but not necessarily the rest!

 

I do, of course, understand, that many people have been treated badly by both this lousy government and a few lairy DWP workers, but there are complaints procedures, which should be used, and that situation should not mean we just throw public money around with inadequate checks.

 

It is much less hassle just to show the DWP official your paperwork, because nothing to hide, nothing to fear.

 

If you don't want them in your home, fir whatever reason, (and they just turn up normally dressed, in normal cars, not as storm troopers!) then make an office appointment. However, if you fail to keep the appointment, they can and will stop paying the benefits.

Edited by morgandlin
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I am also a bit weary of disabled people constantly being referred to, patronisingly, as 'vulnerable' and therefore, somehow incapable of dealing with a claim. We are not all sitting whimpering behind the front door, dreading the brown envelopes, phone calls, or doorbell!

 

Being in a wheelchair buggars your limbs up, but not necessarily the rest.

 

I so agree... I know of people without any disability at all that can't handle such things, and I know of disabled people that have no issues whatsoever.

 

The FOI reply seems to answer many of the objections raised.

Please do not ask me for advice via PM as I will not reply.

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I so agree... I know of people without any disability at all that can't handle such things, and I know of disabled people that have no issues whatsoever.

 

The FOI reply seems to answer many of the objections raised.

 

 

Yep, my view with the medical checks element is to prepare - get reports from consultants, GP's, health care professionals, and attach your own statement, to the forms, giving full details of how your disability affects you. The more (proven) detail you provide, the better.

 

Same as means tested benefits - supply ALL applicable financial details, accurately give details of your household, and who lives there, and don't work for non declared income. Do not try to hide bank accounts, because they do (always!) come to light now, with the links between banks, HMRC, and the DWP.

 

Credit reference agencies now give info to the DWP, as do credit card companies.

 

Don't run around telling neighbours how much you get (one malicious phone call can cause no end of hassle!)

 

It's simple really - claim truthfully, and nothing can ever be proven against you.

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@morgandlin Having worked in mental health I can tell you that it aint patronising to say that some adults are vulnerable.

Ever heard of POVA? Any suggestions on what to call it without sounding patronising?

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@morgandlin Having worked in mental health I can tell you that it aint patronising to say that some adults are vulnerable.

Ever heard of POVA? Any suggestions on what to call it without sounding patronising?

No it's not patronising at all- it's a truth that some adults are vulnerable. Some vulnerable people have a disability, some vulnerable people are because of circumstance has made them vulnerable.

 

I think the point is not all disabled people are vulnerable in the sense of being unable to manage their affairs. I have a disability but am fortunate in that I am able to work and it's a mobility issue which does not affect my ability to manage my affairs. Possibly the most intelligent person I know is in a wheelchair...

Please do not ask me for advice via PM as I will not reply.

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  • 2 weeks later...

Of course some adults are vulnerable, and not all are disabled. Many disabled are not especially vulnerable.

 

However, there are too many 'blanket statements' like 'vulnerable people such as elderly and disabled' - not all of us are, and not all of want to be thought of as such lol ;)

 

Of course, anyone vulnerable, whatever the cause, should seek support, with dealing eith agencies, from either an advocacy service, welfare rights, social services, voluntary groups, or the CAB.

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