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    • 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.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.
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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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Child's DLA & DLA Migration to PIP


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Don't know anything about child DLA sorry , but with regards to your Mothers PIP application you will need to contact them and as you are an appointee there should be no requirement for a face to face interview it should be considered as a paper based review.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf

2.15.17. Where a claimant has an appointee, this will be flagged in the initial

referral to the AP. Where an appointee has been nominated to

represent the claimant, the claimant must not be instructed to attend

a face to face by the AP. This is because they have been deemed

incapable of engaging directly with DWP or its contracted APs.

Instead, and only if a face to face consultation is deemed necessary,

the AP must send the invite to the appointee – indeed the invite

should only go to the appointee – who in turn will provide the details

to the claimant. However, it should be noted that where the named

appointee is a corporate appointee, he can nominate another person

to represent him at any face to face consultation. That said, the HP

should make every effort to obtain evidence in order to conduct a

paper-based review in these circumstances.

taken from

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Thank you so much Flumps for your advice and the link. Can you please clarify for me what is an AP and a HP. There is no corporate appointee, only me. Again, thanks.

 

Sorry, just tried the link you provided Flumps and it does not work ;-(

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As an appointee you are the representative for your mother,

An AP is an assessment provider HP is the healthcare provider which for DWP is one and the same.

A corporate appointee is usually a private firm or local authority that act on behalf of a claimant in a larger scale and you are an appointee which is an individual appointment for a claimant.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

If that link doesn't work go to the gov.uk website and look for personal independence payment assessment guide for assessment providers. There is pdf download that you can access

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  • 3 weeks later...

Hello folks, so I have now made the phone call as my mum's DWP Appointee, gave them the info they requested on the phone and am now awaiting the arrival of the PIP2 Form. I was told that if I don't received it by 3rd week July to call them and chase it up. Now does the 4 week return period start from the date of the phone call or the date on the letter. If the letter is delayed, can I ask for an extension?

Last thing, is it a requirement that I complete a 'Diary' relating to my mum's daily illnesses. I have hardly enough time as it is without writing a diary, but if it is necessary I will have to do so. I do have loads of medical evidence and understand that mum will not be called herself for a Face to Face, hopefully it will be paper based.

 

Thanks everyone, any advice much appreciated.

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It's 4 weeks from the date of the phone call. You can ask for an extension.

 

A diary isn't required; but may help. However, when I did mine for my reconsideration, they ignored 99% of my evidence. (my diary backed up what my consultant said - but because I was seen on a good day, that was all that mattered, apparently)

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  • 3 weeks later...

Hi, so the PIP pack has at last arrived. Can anyone please advise as follows:-

 

Do you have to score 12 points on every section of the daily living in order to be awarded the Enhanced Rate.

Same question relating to Mobility do you have to score 12 points on each of the two sections to be awarded High Rate Mobility? or is it 12 points combined.

 

If anyone could explain please.

 

Thanks

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It is 12 points altogether for care and 12 altogether for mobility.

 

 

When completing the care section, remember that pretty much anything can be an aid if your mother uses it to compensate for a disability, even if it's something a lot of people have anyway. For example, taps with levers are an aid if you couldn't turn an ordinary tap, even though lots of people have them.

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RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi, so the PIP pack has at last arrived. Can anyone please advise as follows:-

 

Do you have to score 12 points on every section of the daily living in order to be awarded the Enhanced Rate.

Same question relating to Mobility do you have to score 12 points on each of the two sections to be awarded High Rate Mobility? or is it 12 points combined.

 

If anyone could explain please.

 

Thanks

 

You have to score a total of 8 points to get standard care (or mobility) and 12 to get enhanced. So, if you score 4 points on question 2 and 4 on question 3, that would get you standard care.

 

It's the same with mobility. I get enhanced rate because I scored 12 on the part about planning a journey. But, you can also get enhanced if you scored 8 on one section and 4 on the other mobility section, for example. As long as you get a total of at least 8 on both mobility sections, you get lower mobility and enhanced if you get 12 points.

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Hello again, so I am now onto Q14 Mobility of the PIP application. On Q14c it says 'do you use a wheelchair or similar device to move around safely etc'

My question is:- I'm sure I remember it being said that if you use a wheelchair, it stops you being awarded High Rate Mobility - is this correct?

 

Also just another quick question, Q13, three of the descriptors have changed, and it precludes people with psychological distress, so it looks like anyone with a mental health illness can never be awarded the 12 points. My mother has both physical and psychological disabilities. I have included both in the Q13d as the PIP booklet states 'it doesn't look at your physical ability to get around which is covered in the next section'. My mother's mobility disabilites are combined with both physical and psychological problems and I had to explain how they both interacted with her mobility. Tried asking the PIP helpline, and they did not know the answer.

 

Help please.

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Hello again, so I am now onto Q14 Mobility of the PIP application. On Q14c it says 'do you use a wheelchair or similar device to move around safely etc'

My question is:- I'm sure I remember it being said that if you use a wheelchair, it stops you being awarded High Rate Mobility - is this correct?No, if someone uses a wheelchair because they cannot walk (repeatedly and reliably) 50m, then they get the enhanced rate. You may be thinking of the rules for ESA where having to use a wheelchair means diddly squat.

 

Also just another quick question, Q13, three of the descriptors have changed, and it precludes people with psychological distress, so it looks like anyone with a mental health illness can never be awarded the 12 points. My mother has both physical and psychological disabilities. I have included both in the Q13d as the PIP booklet states 'it doesn't look at your physical ability to get around which is covered in the next section'. My mother's mobility disabilites are combined with both physical and psychological problems and I had to explain how they both interacted with her mobility. Tried asking the PIP helpline, and they did not know the answer.

 

Help please.

 

DWP recently lost at the Upper tribunal as to whether all descriptors for q13 apply to mental health in general or only things like dementia or a learning disability. The tribunal thought that the reason someone can't do something is irrelevant so any descriptor could apply, but DWP didn't like that so they got the rules changed by parliament. The overall effect now is, for example, that someone with agoraphobia but who can sometimes leave the house, now gets nothing unless they have a physical restriction as well.

 

That said, I wouldn't worry too much about including something if it may not apply, better than not including something which you should have. I'm all in favour of if it's worth telling them, it's worth telling them as often as possible even if it's in the wrong bit of the form. Bottom line is that the assessor has to consider all the sections even if you filled in none of them, though whether they would is a different matter.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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A very big thank you to everyone who has given me much valuable advice. I have just finished the application and will photocopy it on Monday and get it off with proof of postage. My children have broke up for the summer holidays today and I'm so glad this is now done with. I've managed to get loads of supporting medical evidence and hope that they make a paper based decision as I am the DWP Appointee so it would be me having to attend a Face to Face, so I've asked for a paper based decision due to all the supporting documents and if they don't agree, then I want a recorded interview with plenty of notice so I can organise someone to look after mum and the kids.

 

I heard that sometimes they Capita call the day after receiving the application to arrange a Face to Face, I don't know how they can do this when they have not had the opportunity to read the application. Anyone heard of this before? and what shall I tell them if they call me?

 

Big thanks everyone

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Be prepared for no one to have read anything you submitted before sending an appointment. I can't speak for Capita as it's ATOS in this area, but they have admitted that everyone is sent the first available appointment in their general area and they rely on claimants calling them to complain if it's at all unsuitable, in my case that was over 40 miles away at 9 am on a Monday morning in a building with no wheelchair access and no parking nearby. I even included a letter from their own doctor who did my ESA assessment saying I had to be assessed at home.

 

As your case should be flagged as having an appointee and as I get the feeling Capita are more reasonable, you should be ok, but if you're sent an appointment just ring and explain and someone should have another look at it.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thank you for responding RMW. I have called the PIP so called helpline a few times to try to clarify certain questions, especially Q13, but they said the 'don't know'. I also asked if I could type up the responses and stick them in the information boxes - this was a big no no, everything has to be handwritten they told me as it goes through a scanning device. I would have thought that it would have been easier for them to read the typed info instead of my handwriting. I also cannot understand why PIP2 is not yet available on a PDF format which would make carer's lives so much easier if they choose to type these very lengthy applications. I did type the section where it states that as I am the DWP Appointee, every effort should be made to come to a paper based decision, and I stuck it down at the back of the application where it mentions about Face to Face interviews.

 

Anyway, once again, many thanks for all the input, I will update the forum as and when I hear anything.

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Thank you for responding RMW. I have called the PIP so called helpline a few times to try to clarify certain questions, especially Q13, but they said the 'don't know'. I also asked if I could type up the responses and stick them in the information boxes - this was a big no no, everything has to be handwritten they told me as it goes through a scanning device.This is an outright lie - many disabled couldn't write, me included, and they know it. I would have thought that it would have been easier for them to read the typed info instead of my handwriting. I also cannot understand why PIP2 is not yet available on a PDF format Again, DWP promised 2 years ago that electronic forms would be available soonwhich would make carer's lives so much easier if they choose to type these very lengthy applications. I did type the section where it states that as I am the DWP Appointee, every effort should be made to come to a paper based decision, and I stuck it down at the back of the application where it mentions about Face to Face interviews.

 

Anyway, once again, many thanks for all the input, I will update the forum as and when I hear anything.

 

Best of luck

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

Hi, another quick question please. I am my mum's DWP Appointee, I sent the PIP form off last week, but have since received an extremely detailed supporting medical letter documenting some of her illnesses. I have sent it to the address which was on the back of the PIP form with a letter asking them to put it with the PIP application which they received last week. In reality, do the DWP do this?

Thanks for any advice.

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  • 1 month later...

Hi

 

My child has been awarded DLA until February 2018. The renewal pack has arrived today with no date for return. I am in the throws of moving and then my child is having an operation and have not got the time to complete it for at least the next 6-8 weeks. I will be able to submit it by end November giving DWP 2 months to make a decision.

 

My question is, do I call them and inform them that I will send it back by end November, or shall I just send it back end November.

 

Any advice please.

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  • 2 months later...

Hi, my child's DLA renewal pack arrived a few weeks ago, I am now about to complete it.

 

Does anyone have a link of the Child DLA Descriptors please?

 

The DLA ends in February, I will send the renewal back this week, is this enough time for DWP to process the renewal?

 

Thanks for any advice/help

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As I understand it, there are no descriptors as such, like there is with PIP. You have to prove that your child has more care and /or mobility needs than a child the same age or the same needs as a younger child.

 

The mobility criteria for children is the same as the DLA mobility for adults.

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