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    • Please see my comments in orange within your post.
    • 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.   House or Flat? 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. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. 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. Again, points as above. 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) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. 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. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. 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. Redact and scan said evidence up for others to look at? 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. So this is dealt with then. 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.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. 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. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. 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. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. 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.
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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.

      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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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Worried about the abolishment of class 2 NIC for self employed low earners


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I am currently on ESA SG and in the middle of being reassessed.

I am as always worried about losing my ESA.

I am also due to be moving in with my partner in a few months

and as they earn over the threshold I will lose all money anyway

but at least if I am on ESA my stamp will get paid so I will still qualify for my pension in future.

 

 

If I lose my ESA it won't change the fact that I am currently unable to work but I won't get my NIC paid. I

s there anything I can do to get round this issue?

Could I for example become self employed and just pay my stamp myself it it wouldn't be too much money each month.

 

 

My plan is to become self employed anyway but I think it will be sometime before I can make an income.

My partners salary also takes us over the threshold for anything like tax credits

so I won't be applying for anything like that.

 

 

My partner knows the situation and is happy to support me financially,

the main issue for me is to still keep my national insurance contributions up

without being hassled by the job center or work programme.

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Alot will depend on when you plan to actually become self employed from an earning point of view

 

You can declare self employment anytime but no later than 3 months from when you begin it, you will then pay class 2 contributions which you can also top up with class 4 contributions to make full NI contributions.

 

What neither i nor anyone else would recommend is simply declaring self employment with no intention of earning, this can only cause you problems with HMRC when theres nothing to put on a tax return, or worse, figures are fabricated to appear that you are earning.

 

now im not suggesting the latter is your intention but HMRC move in mysterious ways and you can guarantee that they know more than you think they do when it comes to your finances

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Well I am an artist,

that is what I trained as and I still paint

but I have no idea when someone might buy one of my paintings

or how much I can sell them for at the moment.

 

 

I would imagine that at least initially I would earn little to no profit as any money earned

would be spent on buying new materials to work with.

 

 

Even if I do earn it will be far below 10,000 you need to earn to start paying tax.

I also have ongoing health issues that prevent me from getting a "proper" job

so that would affect my ability to work consistently.

 

 

Ideally I need to be on ESA in the SG as I am now but I see so many lose this

I feel I must find some other way of keeping my contributions up if I lose this benefit.

 

If I become self employed and pay class 2 contributions will that entitle me to a full pension in the future?

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i can see no problem with becoming self employed on that basis, you would need to top up your NI contributions with class 4 contributions aswell to ensure full entitlement.

 

Even earnings of less than 10k under S/E would have to be declared on a tax return despite that generating no tax liability so to keep a full history

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i can see no problem with becoming self employed on that basis, you would need to top up your NI contributions with class 4 contributions aswell to ensure full entitlement.

 

Even earnings of less than 10k under S/E would have to be declared on a tax return despite that generating no tax liability so to keep a full history

 

Thank you for your help so far with this Martin. I am a bit confused about the NIC I would need to pay. I found this online:

 

  • Class 2: if your annual profits are £5,965 or more
  • Class 4: if your annual profits are £8,060 or more (this is payable in addition to your Class 2 NICs).

You calculate your profit by deducting your expenses from your self-employed income.

 

 

If I was earning below £8060 profit would I still have to pay Class 4 NIC even if my profits were only £4000 in a year in order to get full entitlment? If I might not even earn enough to cover my materials and NIC which would be difficult.

 

 

 

If this is how I need to proceed then I will get some face to face advice on keeping records and such.

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My accountant always advised i paid the class 4 regardless of earnings but the choice would be yours as long as you kept good record of income/profit.

 

he advised this because earnings levels can change throughout the year.

 

so basically for you, you may sell 1 piece of art in 6 months, then 10 pieces in the following 6 months, for the first 6 months your earnings would be below the class 4 threshold but the following 6 months fly you over, so to alleviate, keep the class 4 contributions available to pay at the end of the year if needed.

 

Of course if they are not needed due to earnings being below class 4 contributions level, then you effectively have a bonus pot!!

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Thanks for that, I don't really believe I will earn anything but it makes sense to keep anthing I do earn to the side so I don't get caught out with a big bill. I really need to get some proper advice on this as I don't want to end up in trouble.

 

Thanks again.

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If you are not confident in tax and NI issues then i would recommend you seek a good accountant when the time is right.

 

yes they charge you but they are invaluable in my opinion and can claim things the ordinary man cannot so this usually means they save you more than you pay them.

 

And of course it takes the worry of your tax and NI affairs away, leaving you to concentrate on working and earning, just keep good records

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Even though its not illegal not to have any money, (as far as I know) there is often the suspicion of hidden income, don't know what the law says on such issues..

 

In the OP's case as they are soon to be be moving in with their partner who is happy to support financially, i can see no reason for any suspicion, many couples, married or otherwise, live this way

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We could do with some help from you.

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Ahh thanks Andy, the system has indeed changed since i was S/E.

 

Class 4 are now Class 3 contributions but amounts to the same thing from a threshold point of view

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I am currently on ESA in the Support Group but looking to move to self employment in the future if possible. My health hasn't improved in the 5 years I have been on ESA but my partners earnings are over the threshold so I will no longer get any money and of course I may lose my ESA at any time when reassessed.

 

My concerns are this I want to go self employed and at the moment I believe I could pay Class 2 NIC, £2.80 a week to maintain my eligability for state benefits in future regardless of what I actually earn. I would expect my profits to be very low to nil in the 1st year perhaps beyond at most I'd expect to earn maybe £200 a month. Paying £12 a month for NIC isn't too bad to keep up my stamp.

 

I am worried about the changes in 2018 when Class 2 NIC will be abolished, I won't have to pay the £2.80 a week but unless I earn over £8000 I won't pay the class 4 NIC which is 9% of profits. I am very unlikely to earn £8000 or anywhere near it. If I don't pay at all will I lose months or years of my stamp / eligability for benefits and state pension? It seems I could pay class 3 NIC which are currently £14.10 a week which would be £56.40 a month which is likely to be a massive chunk of my earnings, possibley even more than my earnings.

 

This seems very unfair as I am too sick to work normally and too sick pursue fulltime self employment so I need to either give up my right to a pension or just stay on unemployment benefits for the rest of my life.

 

Can anyone clarify how the abolishment of Class 2 NIC will affect my access to benefits in the future?

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Ahh thanks Andy, the system has indeed changed since i was S/E.

 

Class 4 are now Class 3 contributions but amounts to the same thing from a threshold point of view

 

Just realised that due to changes coming in in April 2018 NIC 2 will no longer be an option. I will have to make £8060 a year profit to qualify for NIC Class 4 of 9% which I know is impossible. The only way to maintain my eligability for benefits such as a state pension will be to pay Class 3 NIC which are currently £14.10 a week totalling £733.20 even if I only make £1000 in a year which is actually higher than the 9% of £8060 I could pay if I made that amount equalling £725.40.

 

It seems very unfair for people who want to work but are unable to do a normal job due to ill health. I feel like I have no option but to stay on ESA for as long as I can now which makes me feel very trapped and sad. I am not due to reach retirement age for another 25 to 30 years so who knows what will happen in that time but right now I just don't know what to do, is there any way round this?

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If your health is that bad then PIP may be a possibility except it doesnt count as taxable income, you may well need to claim income support/jsa as well

 

Not entirely au fait with the latest benefits rules

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If your health is that bad then PIP may be a possibility except it doesnt count as taxable income, you may well need to claim income support/jsa as well

 

Not entirely au fait with the latest benefits rules

 

Thanks, with my condition is is quite difficult to get PIP although I haven't tried, I know of no person who has managed to get it. My partners earnings take us over the threshold for any other support.

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your class 2 NI contributions never helped you anyway, only class 4.

If you are in a position to put away even £12 a month you can put it into a pension scheme and the Govt will give you tax relief on your contribution even though you dont pay tax. This means that your £12 becomes £14.20 being invested in the fund. A unit trust based pension is cheap to run as far as management fees go (not more than 1%, typically 0.75%) and all gains are tax free.

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