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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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Informed that DWP computer system lost my records


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I have recently been informed that towards the end of 2017 the DWP computer lost my records.

I experienced problems with payments in Jan 2018 but did not think any more about it as they sorted my ESA payments out.

 

However, last month I was informed that by mortgage company that they had not received any payments under old scheme prior to changes made in April 2018. I was contacted by Serco and completed the SMI loan agreement that was posted back early June 2018.

I have been informed that these completed documents were received by DWP early August 2018 who subsequently sent them Clydebank DWP centre.

 

I contacted the 0800 number ESA department who informed me that the paperwork was sent to Clydebank early August 2018.

I queried why I had not received an correspondence reference the SMI loan.

The adviser put through an emergency call back from Clydebank.

 

This is when I learnt the delay was because my computer records were lost sometime in Nov 2017.

Hence the delay as Clydebank did not have access to information they needed for my SMI loan application as not on the DWP computer system for some reason.

 

The adviser took the relevant information from me and was very supportive though bemused by my situation.

She is contacting me back reference SMI loan.

 

However, my concern is as the claimant of ESA and IIDB why was I not informed of the loss of my data by DWP computer?

 

Please, advise me on what I should do?

If it was the other way round and it was an overpayment scenario; DWP would be straight on to me.

Edited by dx100uk
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Register a complaint through your local MP. If you don't do this, then I suspect you will be give the run around for months by DWP. Complaints via MP's are given priority,

We could do with some help from you.

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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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  • 2 months later...
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  • 2 weeks later...

Thank you, everyone, who has read and replied to my post. I apologise for the delay in responding, but I have recently diagnosed by two clinical psychologists I am and have been suffering from Complex PTSD with Dissociative Disorders. 
For the past 8 years, the psychiatrists I have seen have tried to fob me off with psychotic medication that I refused to take. Social services failed to pick up on the signs. My children all under 18 years old at the time let a social worker into the house and showed her to my bedroom. I now know I was in a 'dissociative shut down'. These episodes of 'dissociative shut down' occurred regularly continuing for two/three days at a time  -  continue even to this date. 
The social worker on a visit at a later describes the following to me; she had witnessed on the above earlier visit. It still frightens me that my children had been subject to seeing me 'completely incoherent, very pale and waxy' exact words relayed to me by the social worker. Obviously to the above but I questioned what she meant by 'waxy' I learnt that a dead body looks waxy. My poor brave children had regularly been seen me in the above-described state; it makes me wipe and guilty(even though I had no control over these dissociative shut episodes.) 
However, having now learnt all this and other events that my children witnessed that fall within Complex PTSD symptoms. Social services failed in their duty of safeguarding of vulnerable minors who only had one parent that being me as my husband had passed away in 2006. 
I am a professional with a good honours degree and a Post Graduate Education. An independent, high functioning individual but it happened to me. I know I am not alone. There, are so many families who are experiencing the very same failures by an inept system. I could rant on and on, but I guess we all have our problems to cope with.
Thank you for taking the time to read this.
 

 

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