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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      
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    • 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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JSA stopped incorrectly and HB stopped


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I'm slowly working through all the myriad of problems that are stored up and trying to get myself back on my feet.

 

Last year I was on JSA. It was stopped as I failed to apply for a job. I wrote back to say that the job had been totally unsuitable and that I did not have the required qualifications. I have been fighting with the JC since then about this but they lie, refuse to answer questions or deliberately misunderstand. I am now at the stage of taking it to the independant claims assessor.

 

However, the stopping of JSA triggered my HB to stop. Also fighting the council about this.

 

Can anyone tell me whether the council are right to stop HB when JSA is stopped, as my award of HB was income based and my JSA suspension didn't increase my income, it stopped it.

 

For information I am close to the tribunal stage with the local council.

 

Lastly, has anyone noticed that the lower you slip down the financial scale the more organisations rely on maladministration to try and make you go away? Sometimes I think I'm going insane because it is by far the biggest problem in my life yet almost nothing appears about it in the papers.

 

So to clarify, I really need to know about whether the council were right to stop my HB because JSA was stopped.

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Hi I am not talking law with this just experience I was getting incapacity benefit and due to IB sending a form to wrong address so that I was unable to reply my IB was stopped. They informed HB that I was no longer in receipt of IB, HB then assumed that I was working so stopped HB. I found out about this set of circumstances after talking to someone in HB I would assume that the same practise would occur with JSA and HB. I had a struggle to get IB reinstated, but HB just said that as long as I paid same amount of rent etc as when in receipt of IB they would back date HB when IB was reinstated. It was approx 6 weeks before all was sorted.

 

The council can stop your HB due to there being notified of a change in your circumstances by JSA

 

all the best dpick:)

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Jobcentre Plus gives what benefits can be claimed while seeking employment, are you now claiming income support now your JSA has been stopped, it pays the same amount of benefit but is payable to persons of no income, reading you thread your JSA was stopped due to you not attending a interview over a year ago , this benefit is payable to persons actively seeking employment,( you failed to seek employment by not attending the interview ) if you can proof you are seeking employment re-apply for the benefit, otherwise if not doing so by now, claim income support....see the website for what benefits can be claimed in your postion...

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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HB is not dependant on JSA, but if you are getting income based JSA it does guarantee you full HB. This might be why they stopped it — your income is still low enough to get full HB but it is no longer guaranteed by way of the JSA, so you will have to prove your income separately.

 

Have you tried the CAB?

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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When the JSA dept stopped ur payments/benefit, it automacally informs the HB depts, hence this benefit stops also, untill you prove to them ur new form of income, you would have received a letter from the HB dept, informing you of the intended stoppage of benefit, giving you the time to hind to there request of proof of income/benefit. if ur claim from JSA goes to income support ur HB will re-start and will be paid from the date of the JSA stopping. hence no loss of HB just a pause.

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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  • 5 weeks later...

I work 40 hours a week and get about £180 after tax. My rent is £85-£90 a week. My partner was on jsa as jobs are really hard to get round our area. However now he has moved in with me they have stopped his JSA. He has NO other income. Now i am having to pay for rent and for my self and for him. I personally think it is wrong for the JC to just assume i'll pay for him. I have my own stuff to pay for i.e debts ect.

Are they allowed to let 2 people like that?

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It depends if he was on income based on contributions based JSA - If on income based then I'm afraid your income will be taken into account now you are living together. It might be worth applying for housing and council tax benefit and maybe working tax credit - i'm not sure of the income requirements but you have nothing to loose by trying.

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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aye. well he says he was on contribution based but they stopped it anyway. I tried working tax credit but I'd have to be either; over 25 workin over 30 hours a week; Have kids; Or be working under 16 hours a week.

I definately dont have kids. I cant afford to work only 16hours a week and im only 21. so thats out the window. I pay alot of tax from my wages per week for people that could even just be conning the system, drunks, and drug addicts. u'd think i could get some kind of benefit. we have applied for housing benefit just over 2months ago. weve had one correspondence from them since asking for another copy of one of my payslips. HB will back date any money from the date we applied until the date it starts wont they?

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Thanx We handed all the stuff in on a tuesday but put reason for why we couldnt get down the day before. do they just give to you as a lump payment into your a.c or do they send a cheque. Our housing benefit will be paid directly to our estata agents. Not our choice but thats the way it is.lol :grin:

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I'm slowly working through all the myriad of problems that are stored up and trying to get myself back on my feet.

 

Last year I was on JSA. It was stopped as I failed to apply for a job. I wrote back to say that the job had been totally unsuitable and that I did not have the required qualifications. I have been fighting with the JC since then about this but they lie, refuse to answer questions or deliberately misunderstand. I am now at the stage of taking it to the independant claims assessor. If you did not have the rite qulifications then they sould not have been making u apply for the job in the first place. My Local does not with my brother. Also if they say u need to be experianced and you have never done the job b4 you should not be made to apply for the job.

 

However, the stopping of JSA triggered my HB to stop. Also fighting the council about this.

 

Can anyone tell me whether the council are right to stop HB when JSA is stopped, as my award of HB was income based and my JSA suspension didn't increase my income, it stopped it.

 

For information I am close to the tribunal stage with the local council.

 

Lastly, has anyone noticed that the lower you slip down the financial scale the more organisations rely on maladministration to try and make you go away? Sometimes I think I'm going insane because it is by far the biggest problem in my life yet almost nothing appears about it in the papers. Yes i have and i am currently fighting this my self for my partner.

 

So to clarify, I really need to know about whether the council were right to stop my HB because JSA was stopped.

 

Yes they can stop th hb but you can appeal as the suitation made your income worse as you had no money

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thanx We handed all the stuff in on a tuesday but put reason for why we couldnt get down the day before. do they just give to you as a lump payment into your a.c or do they send a cheque. Our housing benefit will be paid directly to our estata agents. Not our choice but thats the way it is.lol :grin:

 

Most HB forms you can nominate where the money goes. Some landlords/agents wont take the benefit so you can have it paid to you. You can also nominate to have it paid to you if the landlord gets funny about only being paid monthly and he wants it weekly or something.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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