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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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    • 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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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Any advice please?


callumsgran
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i have suffered with a bad back for 25 yrs since having an epidural when giving birth to my daughter.

Also have recurring ligament trouble and the odd bout of sciatica.

I recently went to my new doc (as ive recently moved) because i have had a different back pain in recent months (it feels like i have something pressing on my spine) and was worried. My doctor after doing various tests said i now have arthritis in my spine.

My concern now is i wont be able to continue my work as a care assistant, the only thing i have experience in, so what do i do?

I am currently claiming JSA as i have been unable to find work since moving, but i know with the back problem i will not be able to work full-time with it

Any advice appreciated

TIA

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Incapacity Benefit

 

There are 3 types of incapacity benefit that determine how much benefit you can get; all amounts depend on your individual circumstances. Incapacity benefit can be claimed if you aren't able to receive statutory sick pay from your employer or you are out of work. The types of incapacity benefit are:

  • Short term incapacity benefit at a lower rate - when you have been off work for a period of 4 days and aren't able to claim statutory sick pay, you could expect to receive approximately £57.65p/w.
  • Short-term incapacity benefit at a higher rate - you could claim approximately £68.20p/w if you have been unable to work through illness for more than 28 days but less than 52 weeks.
  • Long term incapacity benefit - approximately £76.45 paid each week if you have been off sick for more than 52 weeks.

Disability Living Allowance

 

Disability Living Allowance or DLA is offered to those who have mobility restrictions to help those who require help getting around. Anyone after 5 years old and up to the retirement age can receive disability living allowance. You must have required help for at least 3 months and are likely to need it for a further 6 months, in order to claim. The amount you would receive largely depends on how much your disability affects your day-to-day life.

 

If you receive either of those, you should also apply for housing/council tax benefits. If you get DLA, an adult living with you may be able to claim carer's allowance, but that is a taxable benefit and the carer can only earn a small amount (£80-something) per week on top of CA (should they wish to do so)

 

If you choose to apply for DLA, you need to send for the CA forms separately, and not delay, they are treated as 2 separate things (which they are, really). I have seen lots of parent carers missing on CA for weeks and weeks, assuming that they went together, hence my warning.

 

I'm sure I have forgotten plenty of things, hopefully, someone else will fill in the gaps. :-)

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DLA and Incapacity seem to be the best options in this case. Do remember that they don't seem to like awarding DLA so if you're knocked back make sure you appeal it! They'll get the message eventually and if you need help with the wording on the forms pop down to welfare rights or CAB. A few things to remember when filling out the form: always make sure you're writing about your worst day, get someone who knows you well to fill in the statement from a carer (my mum done mine) because doctors will just write generic statements and if they want your doctors input they'll ask for it. Don't worry if it seems to be taking forever, they're about as fast as a week in jail that lot and they backdate it to the date you first applied.

 

If you're in Scotland and get the care component of DLA then you're entitled to a bus pass regardless of your age, if you get middle or high rate you get a plus one card to let you travel free with a carer.

 

Remember that DLA is not a taxable benefit and it doesn't matter how much you have in the bank or how much you or your partner earn. If you do work part time in the future you can claim the disabled element of working tax credits when you work 16 hours or more per week.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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For filling in forms, remember to say "severe discomfort", not "pain". Pain is seen as manageable (painkillers), severed discomfort is not. Believe it or not, it makes a difference in how a claim is viewed.

 

As Jen says, make sure you describe the worst case scenario. If it takes you sometimes 10 mns to go to the shop, sometimes 20, write down 20. If sometimes you need help to get out of bed, sometimes not, write down that you do. Etc... A lot of the questions are repetitive and by the time you're finished, you'll want to cry at how badly you make yourself sound, but it is the only way. Trust me, it is worse when you have to describe your child and that the only way not to get knocked back is to describe him as a helpless monster. :-(

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Thanks a lot Bookie and Jen.

I think i may try for incapacity benefit as i do think i could go back to part-time work because as of now my back isnt too bad (i have good days and bad) but i know if i did a full day in a nursing home i'd be crippled myself at the end of it.

The Jobcentre said to claim JSA i have to be prepared to work full time, and i honestly dont feel i could so i think incapacity is the way to go!

Thanks again you two!:)

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Good luck CG, if you need help along the way just post up and someone will be along to help, we've all been there at some point.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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  • 4 weeks later...

It's worth trying - follow bookies advice on telling them about your worst days and not your best.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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callumsgran - have you thought of trying to get a HCSW job in a hospital? I'm sure they would snap you up with your experience and the moving and handling requirements are very different to nursing homes. I bu**ered my back in nursing homes but have been 100% better since working in the hospital. I worked as an agency carer for many years in many different nursing homes and found the manual handling required absolutely shocking :-o I would never work in one again.

Poppynurse :)

 

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

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It might be worthwhile checking out the new RCN website - it has a lot more about empoyment and diversity - if you have a look or give them a ring, they may well be able to give you some "careers advice" as it were.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 2 months later...
  • 9 months later...

Just to update this

 

 

I have been on IB for nearly a year now and am signed off until at least next june after seeing a doctor from Atos Origin

 

I recently applied for DLA as my mobility is really not good and my husband (bless him) has to do a lot of things for me now, ive also last week been told i have a mild case of IBS

 

Well i have been turned down on both components and am going to appeal it

 

I have an appointment with an advisor at CAB next friday, the same lady who helped me fill the original form out

 

Any advice anyone can give will be gratefully received

 

Many thanks

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Our natural instinct, unless a raging hypochondriac, is to play down one's difficulties. With DLA, that is sadly counter-productive. :-(

 

Where they say "how long does it take you to...", if sometimes it takes you 10 mns, sometimes 1/2 hour, write 1/2 hr. Where they ask "how many times a night/week..." if sometimes it's once, and sometimes it's 5, write 5, etc etc... Don't overlook the small stuff as unimportant, it's what builds up the picture.

 

Sorry, just realised I've already told you this higher up, that will teach me to re-read threads first, lol. If you did it that way, then you can't really add much to it, in which case the appeal tribunal is probably going to be your best bet. :-(

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PS: IBS is unlikely to help you with your case, loads of people have it and whilst a bloody nuisance, it's hardly likely to be debilitating in a manner that would support your application for DLA, unless of course, your existing condition makes the IBS less manageable than if you were fully able-bodied (toilet issues, for example...) in which case do add it as yet another way in which your disability makes it harder for you to lead a regular life.

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You should definately see someone from welfare rights if you can, I want to say that IBS with lowered mobility due to back problems may be an issue but you never know how they'll look at it. Best you can do is appeal and get them to relook at the award

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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  • 9 months later...
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