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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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atos appeal with the tribunal


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hi i was claiming incapacity benefit from january 2007 ,it was stopped after a atos assesment in june 2009 ,i was not in the best frame of mind and didn't appeal in the required time allocated ! when i did try and appeal iwas ignored ,i had letters sent back answering the most menial part of my letter etc etc ! I have now launched an appeal with the tribunal , but have been told by friends not to attend without a legal/medical representative .

can anyone advise me as to what i should do .it has taken two years of stress to get this far (with no money ) i have drafted a letter to the C A B asking for assistance .can anyone recommend an advisor that can attend this tribunal with me and present my case ?

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hi nystagmite thank you for your reply.

no i haven't really tried anyone bfore ! i didn't realise how underhand the system can get ,for an idiot like me . thank you for your advise i will look it up !

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Hello there. I'm sorry to hear you're going through this, lots of us here have.

 

Good advice from Nystagmite. In some areas, Welfare Rights are working with CAB nowadays. I hope you find some help.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello again Andy. I have a sticky about tribunals in the yellow part of the titles page of this forum. I know that HadEnough used the template letter to draft out a case for Welfare Rights, I think it was, and that it helped him win.

 

Once you have a copy of your Atos assessment, you might want to use the template to help whoever advises you.

Illegitimi non carborundum

 

 

 

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Whether or not you have an adviser, you should attend. Many advice services, although they can help prepare the appeal, may have no funding for going to tribunal with you, and in fact in most cases there is nothing much that the adviser can do when there anyway. The most important things are good preparation, a good written submission (including ripping apart the atos report), written evidence from professionals about your condition, and attending the tribunal yourself so that you can answer any questions the tribunal has.

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thanks all, i wish i had joined this forum years ago !

since i have contacted the appeal tribunal ,and stated my case ,including mentioning that the one doctors finding were totally farcicle ,and the other two times ,atos never had a qualified doctor (their words not mine) i have been sent another questionairre which i have filled in ! i dont know if this is due to the tribunal people stepping ing or are they just getting their house in order for the hearing .i have been deceived so many times by these people i dont know what ! or who to beleive !

i realise that all these helpful agencies are short of funding so it will be hard ! does any body know if i am allowed to record the hearing (if there is one ) these atos people are not to be trusted in any way !

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thanks HB

just found the template letter you recommended ! brilliant i never knew the approach should be legal as well a medical ! great add on by bookworm as well .i just think i might be too far down the road for that ! my particular problem is that the dwp/atos have stalled me until i am out of the 13 months appeal date ! the problem was i wrote a few times not knowing they were going to be as underhand as they are ! i never recorded my letters or kept records ! ireally have been stupid think a good guy out there would pick up my letters and direct themin the correct way ! i dont really have a credible file except a few letters of exchange between us ! but in all i meantion the words my appeal so i am hoping any proper person will realise i have been steared away from what i am entitled to ! but who knows?

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Andy, I think you should take advice from CAB and/or Welfare Rights or the Community Legal team. I'm not expert in the system and you may need to apply again for ESA [don't take my word for it] but if you end up at the appeal stage, then this time you'll know what to do.

 

The template is based on what my OH drew up for my own appeal, using the DWP rulebook and it worked for me and since I shared it, for some other caggers too. I think you will get there, but you need people to guide you down the right route.

 

My best, HB

Illegitimi non carborundum

 

 

 

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It is not illegal to record Atos or the DWP. It is illegal (very unfortunately) to record an administrative tribunal such as hears benefits appeals. (Why on flaming earth shouldn’t we,?….but the law’s the law, and it would be a criminal offence.)

So the answer is to insist on taking laborious manuscript notes and typing them up immediately afterwards (keeping the original handwritten notes as well.)

That having been said, a cynical colleague of mine once observed that it is funny how those with the best mobile phones\MP3 recorders etc also seem to have the best memories for detail when typing up full notes. I don’t know what she can have meant.

Frankly with recent judicial announcement that some judges will now be using laptops in court, the law is making an ass of itself about this - but there it is.

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  • 1 month later...

hi all again ! thank you for your advice which i was in the throws of taking when out of the blue expecting and apperance date fron the first tier tribunal i have recieved a letter saying my appeal has ben struck off it says no further action can be taken on my appeal for i b ! does anybody know if i can appeal against the decision ! there are factual errors in their reasons for the decision !

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You can apply to the tribunal service to have the appeal reinstated within one month of it being struck out, giving them the reasons why you feel they were wrong to strike out your appeal.

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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