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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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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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failed esa assessment,


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im a 60 year old male ,

went to sign on today,

a couple of weeks after being moved from esa to jsa,

 

straight away i am being sent to a place called workroutes tomorrow, for a consultation, even though i need a walking stick as i can not stand for more than ten minutes,

 

my adviser says they will get me moving forward, as im creating barriers,

 

any one know what this workroutes entails.:-x

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arrived today for the interview,

the interviewer looked around 20 years old.

 

there was 6 or 7 people round a table mainly teenagers, all on jsa.

 

the course lasts for 12 months,

cv writing interview skills bla bla bla,

 

been there done it numerous times in the past,

 

got to go again next week to find out more.

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no was told there is no point appealing

 

my friend is 62 and as had three strokes and is now blind in one eye. and he failed his assessment,and failed on his appeal.

 

my jsa adviser even told me she has had to deal with lots of failed esa clients, who were a lot worse health wise than me, she said you would have to be at deaths door before getting esa,

]

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Each case is on its own merits. The idea of the Work Capability Assessment as you know, is to assess whether someone is incapable of any type of work.

 

If you search around online many of the charities that deal with these issues, have information on their websites about the assessments, how to appeal etc. They detail the descriptors ( evidence to support limited capability for work) that DWP want to see, when they consider that someone is unfit for work.

 

In regard to the organisation that is helping you with worksearch tailored to suit your health etc, ask whether there is a choice of provider in your area.

 

If you would prefer more 1-1 support there might be other options.

 

For example in many areas organisations that help with health issues e.g NHS mental health providers have employment assistance support teams. Charities/not for profit organisations that support older people and/or disabled.

 

You don't have to use the one DWP organise, you can find your own organisation to assist you and then you have better 1-1 support, without these group sessions.

We could do with some help from you.

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Ive had enough of work, im tired and exhausted and have lots of health issues, and worked most of my life in warehouses , now im shot,

just want to retire. but got six more years left.

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I was told that when anyone puts in a request for a mandatory reconsideration the decision makers are instructed to uphold the original result BUT you need to go through this insulting rubbish before being allowed to appeal.

 

It is only at appeal will your evidence even be looked at!

You will then have a chance to put your case face to face to an independent panel.

I have done this now twice with success.

I put together a file of evidence.

 

All my doctors, hospital notes, appointment details etc along with personal letters from friends to support my case.

I took with me a second file just in case the original had been 'misplaced'.

 

I am glad that I did because 50% of the file was missing!

I was then able to pass over my file to the panel so they had all my evidence for them to consider.

 

From the moment you send the letter to say that you want to appeal the decision, you will then be put onto a lower rate of ESA until your appeal has taken place.

 

Please consider jumping through the hoops that they put in our way to get the result you need, the result you paid your NI for, and are entitled to!

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no was told theirs no point appealing my friend is 62 and as had three strokes and is now blind in one eye. and he failed his assessment,and failed on his appeal.

my jsa adviser even told me she has had to deal with lots of failed esa clients,who were a lot worse health wise than me,she said you would have to be at deaths door before getting esa,

 

This makes me so angry, you don't have to be at deaths door to get ESA.

 

 

I was put in the Support Group last year after my assessment.

 

 

I wish these advisers would stop misleading claimants, GRRRR..... :mad2:

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Some of those advisors don't know what they are talking about I get esa with no problems and I'm not at deaths door,you should do the MR you might be one of the lucky ones that wins if you don't you can go to tribunal some people wait nearly a year for tribunal and in that time you will be paid esa assessment rate and wouldn't need to go to the job centre or workroutes.

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now im confused i have had no sleep in weeks due to nasal polyps blocking my nose, and i can not see a specialist at my hospital until April. then i will have to wait to have another operation to remove the polyps could take months. ,ive had ten opps over the years and they just keep coming back, i am constantly trying to blow my nose but its blocked solid and the polyps are hanging out of my nose. could i go back on sick until after the operation.on my nose, who the hell would want to set me on in my state.

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