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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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      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.

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      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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      This is good ethical practice.

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

       

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Work asking for GP letter - advice on working conditions?


Aaron85
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Hi,

 

I have been working in a call centre for almost a year. I have always sat in an area where there are no bright lights as the lighting would sometimes give me headaches. Prior to a couple of weeks ago, no one had questioned why I sat there. Two weeks ago, my team was appointed a new manager as the previous manager had moved to a different department. My new manager has made me move to an area where there are bright lights and the headaches have returned. My manager has told me she can let me sit in the designated dark area (area specifically designed for people that suffer with issues caused by lighting) as long as I can provide a note from my doctor.

 

I went to see my doctor but he just fobbed me off by saying he couldn't write a note to my employer as I had not mentioned the issue previously. He also advised me that if he was to provide a letter, it would be chargeable at £35 per letter as it's non-NHS work.

 

I told my manager I could get a letter from my GP but it would cost £35 and asked whether the company would pay for the costs, to which she said they would not.

 

I think my GP would write me a letter since I have explained I've had headaches since I've been sitting in the brightly lit area.

 

Is there anyway I could avoid the £35 fee, or somehow force the company to pay for it since they are the ones that want it?

 

Or any other way I could get them to allow me to sit in the dark area?

 

Are there any working rights I can advise my manager of that look into working conditions and safety of their employees?

 

Thx

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Nope the fee is what the doc decides to charge. It isn't an nhs fee. Some docs charge more.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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You could ask for your employer to refer you to the occupational health department

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Aaron, you weren’t fobbed off - asking the GP to write to confirm something they know nothing of and then signing it means that they’re confirming what they’ve written. In this case all they could write is “the patient tells me...” as they’ve no history to back it up.

 

The charge is about standard for such a letter, perhaps you can negotiate with your employer to cover some of the cost?

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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Thanks for the replies guys.

 

I've spoke to my employer, and they've basically refused to make any contribution to the cost.

 

Also apoke to my opticians, and they confirmed I was told I had astigmatism which they think could be the cause and asked me to use glasses more often and contacts less so. They said they can write a letter saying I have astigmatism but it'll cost me £55.

 

Renegade - how does it work if I ask employer to refer me to occupational health department? I had a uick Google search earlier and it seems it still means I would have to pay for their service?

 

I've just finished work with a blinding headache. I'm certain all the lighting is the cause. By the looks of things, I'm calling in sick tomorrow. Just want to cover my head in a blanket and bury myself in bed as soon as I get home. It's like a dull thud hitting everywhere around my eyes and the top of my head.

 

Is their any other way I can get my employer to let me sit in the dark area without having to provide a better from the GP/opticians?

 

Surely there must have been an employee health act or something that protects the employee from this.

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Okay - there’s one potential way around this. But first I need to ask something.

 

Did you, whilst speaking to your GP actually consult over the headaches you’ve been having? Did they discuss it with you in detail and document that conversation? Did they offer any medication or other advice?

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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I briefly told my GP about it, but as I had discussed another matter earlier, he booked me an appointment to see him on 21st Sep because I told him the headaches had returned since I had been sitting in the lit area if the office.

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Okay, so it’s unlikely that there’s anything currently documented in any detail on your medical records. This explains the GP’s reluctance to put anything in writing as they don’t yet know anything about it. But, after your next appointment on the 21st you’ll be able to ask for a copy of your medical records for free under GDPR. If during that conversation you explained exactly what was happening, what helped and how sitting in a less brightly lit area and after that made a SAR for a basic summary of your records then the most recent consultation would appear on it. You could then present this to your employer as proof of your GP’s understanding of your situation.

 

Worth a try.

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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Have a wee look at this link HSE link: http://www.hse.gov.uk/msd/dse/

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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