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    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • 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.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations 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.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...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   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). 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.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
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    • Hello,

      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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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long term sick


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I have been off sick since the end of july due to the fact my knees starting giving way (I do a lot of walking in my job )

I had to wait for the op that sticks a camera in both knees and trys to repair the damage .

 

Had the op and the specialist comes in and says ive got good news and bad news ,

Good news is ive repaired the damage to the cartilage,

bad news is I found something I was not expecting so I took a biopsy

 

fast forward to just before Christmas and she the next specialist and he confirms it as rheumatoid arthritis, my scores they use were off the scale and it had spred to shoulders elbows writst to a lesser extent.

 

The company has paid me all I am entitled to due to SSP and sick pay and now I'm on contribution based esa .

However they do not seem to be in a hurry to get me back

 

when I talked to the union guy in November he said its because they are not paying you now it doesnt come out of their budget .

 

The problem I have is I cannot forsee me returning to the job I did before due to the damage done to the joints

however I would be capable of a desk job/office .

The problem being is they are few and far between .

 

Also if I return to work and have to go off again then they could get rid of me due to attendance ie sickness .

because they would count it as 2 periods of sickness .

 

They do not want to make me redundant due to ill health because it would cost them a lot of money due to a deal with the union at the company ,

 

I have asked the union rep to talk to the manager to see whether they could arrange something for me to return to work in the office that I could put in front of the specialist so he would agree for me to return to work at the end of the month but so far not a whisper .

 

I really need to push this issue because of financial pressures building as well as my sanity not being at work

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Hi, sorry to hear this

- you can't do your old job

- you could do a new desk job

- because you could do *some* work, you are unlikely to get ill health retired - that's for people who can't work at all. So probably nothing to do with the union. (Also the company does pay the SSP so I think you are being fed a line!)

- but your company doesn't have a desk job

 

I think you now need to look elsewhere. But also if you work for the largest postal operator, have you looked into their benevolent association to see if they can help tide you over?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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sorry apologies- esa is not paid by company, I misread!

np

 

At the moment I am between apointments for the specialist that's why I asked the union guy to see , but the problem is like you said I cannot do the old job but could do a office job , well what happens if they turn round and say there is none available ?

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np

 

At the moment I am between apointments for the specialist that's why I asked the union guy to see , but the problem is like you said I cannot do the old job but could do a office job , well what happens if they turn round and say there is none available ?

 

then I am afraid you will be looking for employment elsewhere. They are not obliged to keep you on if there is no job you can do available. Being mobile ie able to move towns may help. Offering to retain as eg HGV might do it if your health is up to that. But they do not have to find you work if there is none.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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well you see that is what I want to know , where do I stand is there a job or not if not then get rid of me

 

If the union aren't doing anything you had best ask yourself. Probably in writing. But I would assume not, and get on with finding something else.

 

Remember though you will be accruing holiday - so ask for that to be paid too! It may sharpen the thinking.

 

https://worksmart.org.uk/health-advice/employer-support/sick-pay/what-happens-my-paid-holiday-entitlement-when-i-am-sick

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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once you can give them aletter from your specialist as to what you are likely to be able to do the employer can then consult their OH bod and if they are in a position to offer you alternative work then you should be considered for any current vacancy.

 

If they dotn ahve any work then the chances are they will seek to dismiss you on capability grounds. Now your pension scheme may have conditions that will pay you a part pension based upon your disability or you may be able to take your pension early but not with the full benefits that being ill health retired brings. Schemes vary as to what they do around this and what level of disability is required for either full or part pension.

 

You havent said how old you are and how long you have worked for your employer, these will make a big difference to how much effort your employer will put into helping you

 

well you see that is what I want to know , where do I stand is there a job or not if not then get rid of me
Edited by honeybee13
Paras
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once you can give them aletter from your specialist as to what you are likely to be able to do the employer can then consult their OH bod and if they are in a position to offer you alternative work then you should be considered for any current vacancy.

 

If they dotn ahve any work then the chances are they will seek to dismiss you on capability grounds. Now your pension scheme may have conditions that will pay you a part pension based upon your disability or you may be able to take your pension early but not with the full benefits that being ill health retired brings. Schemes vary as to what they do around this and what level of disability is required for either full or part pension.

 

You havent said how old you are and how long you have worked for your employer, these will make a big difference to how much effort your employer will put into helping you

 

I am 48 and I have worked for them for 12 years . As far as I can see there are two outcomes

 

1 they find me indoor work ie front counter which would be the best outcome.

2) they make me redundant due to ill health which would cause problems finding another job considering how much time off I have had with this in the last 12 months

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You would almost certainly now meet the criteria for being regarded as disabled. Therefore your employer has a duty to make reasonable adjustments.

 

Have a read of this https://www.equalityhumanrights.com/en/multipage-guide/employing-people-workplace-adjustments

Start every day off with a smile and get it over with.

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1 they find me indoor work ie front counter which would be the best outcome.

 

 

My friend who does front counter walks 6 miles a day. It's not a desk job!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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they arent going tot make you redundant, it is the position not the person filling it so what about the pension scheme rules for incapacity? You cant retire on your own volition so you need to look to see if there is help for you in that direction.

Ultimately they can let you go on capability grounds if they dont have a suitable vacancy and that will mean no payput and the pension frozen until the scheme says you can have it, usually 60 or 66 and no monies added to the pot in the interim.

Dont have a copy of the pension scheme rules? ask for one, eevn if you just borrow it

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Just got a voice mail on the phone from a withheld number so I played the message it was from job center plus with a very arrangent person saying you have this appointment on the 8th march if you miss it you can loose you benefits , I am on contribution based esa at the moment I have not left my employer

 

The problem being is they have told me to go to a job center that is 309 minute away when there is one 10 minute down the road and a lot nearer . Cant see why I have not even received one payment yet from them as well . can I request a change to the nearer job center

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they do this, they dont seem to understand that you are still employed. You will probably ahve to phone the DWP centrally and try and find the right department to complain to and then kick off in writing as no-one will actually call you back when they find out that you think they are less then perfect.

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  • 2 months later...

well thought I would give a update I have returned to limited duties at the beginning of the month and I am slowly working my way up to a full shift while waiting for occupational health . so fingers crossed its going well at the moment

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well thought I would give a update I have returned to limited duties at the beginning of the month and I am slowly working my way up to a full shift while waiting for occupational health . so fingers crossed its going well at the moment

 

That's good news, I am pleased for you

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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