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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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Blue Badge discretionary rules **SORTED**

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I know if you are on DLA higher rate you automaticallty qualify for a blue badge, but if not you can still get one under discretionary rules, which basically means you either cant walk or cant walk far without severe discomfort.

It seems to me that pain is subjective, one persons pain threshold would be different to another persons.

So realistically how far would you be limited to walking before getting pain to qualify for a badge?

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The above is not quite right, you have to be on the higher rate of mobility to get a BB, the higher rate of care doesn't qualify you.

 

There is no answer to your question, any more that it is possible to define a threshold for pain, lack of mobility. Each council will have their own guidelines, no doubt, and how generous or understanding will probably depend on what budget they have set aside.

 

Cynical, moi? :rolleyes:

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Thanks for the reply.

I think I must have asked the question wrong, I know is high rate for mobility.

I came off DLA by choice but have had a blue badge for 10 years, having recently moved house the council which deals with my application has also changed. They are being difficult having rejected my application for a renewal because I dont claim DLA, so I have an appointment with my hospital for a stroll on the treadmill. This seems a little silly as I could walk 10 meters and say it hurts too much, how could they tell otherwise as only I know how much it hurts.

They rejected my renewal without even looking into my condition, I had the refusal within 3 days of sending off my application so they clearly made no enquiries. So I have made a fuss and got my OT involved, she knows my condition already but the council have told her to do a report on how I do on the treadmill.

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Then get on the treadmill with great difficulty, take 5 steps and say you can't do more than that. Get your OT to confirm that more than that would cause you too much discomfort. (Tip: "pain" is manageable by painkillers, whereas "discomfort" is not and is therefore a keyword for awards, so always use the word "discomfort" etc...)

 

Maybe you should try re-applying for DLA, or is that not an option?

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Discomfort.....got it....thanks ;-)

 

I stopped claiming the DLA because I started working, I drive so that is not affected by my dissability, I chose to come off DLA because Im quite young and was going crazy sitting around doing nothing, they withdrew DLA when I started work.

 

It all seems a bit silly going on a treadmill, I thought all I have to do is tell them it hurts after a short stroll. Its just the council being pedantic. They rejected me initially, I had to cause a fuss to get this far, I would have thought they would have asked for me to do this anyway as a matter of course. Not claiming DLA does not mean I am not disabled so should still be entitled to a badge as walking is difficult.

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I am not disagreeing, trust me!

 

I have a child with Asperger's Syndrome, he gets higher rate for care, but lower rate for mobility, as do most autistic claimants, depsite the fact that when in meltdown, he would roll in a ball in the middle of a busy street and would not move no matter what, and has to be physically picked up and removed, but apparently, that doesn't count! :rolleyes: My local council wouldn't even look at him, so I do know what you mean. :-|

 

More to the point, I find it incredible that they just stopped your DLA because you decided to work, and maybe you should consider re-applying (or appealing, depending how long it's been since they stopped it?)

 

Have a read here:

aidsmap.com | Disability Living Allowance

 

To paraphrase you, because you work doesn't mean you're not disabled, what kind of BS logic is that? Seems to me that the worst for disability discrimination are the people who deal with disability benefits. :mad:

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I think when I go on the tread mill I may as well lay it on a bit thick and swing it, that seems to be what they are encouraging me to do. Like your child, sometimes Im fine, but sometimes cant get out of bed.

 

Do you think I can still claim DLA even though Im working???

 

I remember ringing up to tell them im starting work and still want to claim and the bloke on the phone was shocked that i thought i could!!!

However the man who blocked my badge application at the council was adamant that I could.

I have had both hips replaced so its only me who knows how much it hurts. DLA was stopped approx 7 years ago.

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7 YEARS? Definitely apply again. Have you followed the link I gave you? It very much confirms what I said, DLA is not means-tested.

 

I mean, think of it: someone permanently in a wheelchair will get DLA, right, does that stop them from working? Or someone blind, deaf, etc... By that logic, Stephen Hawkins shouldn't be doing any work either!

 

Disabled, not dead, for crying out loud. :mad:

 

I'd say definitely apply again, and holler if you need help with that.

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OK thanks for your help.

 

I will do the treadmill thing and then apply, Im booked in for a week on friday.

 

Will let you know what happens.

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Just to confirm what bookie said, you can still get DLA if you are working. You may not get it all at the higher rate, but if you need any care and/or have any mobility problems you should be entitled to DLA even if you work. I worked full time for over a year before becoming unemployed and still received it. I still get it now, though I only work part time due to having kids.

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Its treadmill time tomorrow, seriously, how far would i be expected to walk to get

A...DLA

B...Blue Badge?

 

Thanks

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as far as you can at your normal pace stopping the minute you feel any discomfort. I might be missing it but I can't see what your mobility problem is? If it's something that's known to flare up and you happen to have a good day tomorrow then rather than "laying it on thick" which might look unrealistic and so prompt feedback that you're putting it on and not disabled at all just tell them, I'm having a good day usually i can hardly make it out my gate/make it to the corner shop etc.

 

Believe me if this shower think for one minute that you're acting it they will reject your claim and it will be the appeals process followed by the tribunal.

 

Good luck with tomorrow, let us know how it went.

 

oops sorry, just saw you're going for blue badge not DLA or incapacity! councils can be horrible, imagine a hospital test for this!


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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Oh and I'm on middle care yet I work part time and study full time. That doesn't stop me needing walked to work, accompanied across the road, someone to cook for me, someone to watch me in the bath (not actually sit and stare at me lol) etc.

 

Having a disability doesn't make you a write off it can actually entitle you to disabled element of tax credits (which you need DLA to claim which confirms you can have DLA and work).

 

Again, good luck!


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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Thanks for all your comments.

My mobility problem is exactly what the discretionary rules say, that if I didnt have the badge I would have difficulty visiting shops etc.

Some days I could walk probably quite far, another day not very far at all. When Ive had enough, I am stiff as a board because of lower back pain and wouldnt be able to drive as my legs seize up. I would think my pain threshold is high, Im quite determined and would keep going till I dropped! That is where the problem is, some people would stop a long time before that, so where should I draw the line?

 

Im not really interested in claiming the DLA I just want my badge renewing. Its my own OT at my hospital Im going to see, and she is sympathetic with me and assisting my claim for the badge renewal. Its the bloomin council thats insisting upon making me jump through hoops. She contacted the council on my behalf and they have asked her to do this with me. They turned me down flat without even looking at my history, now she is involved they want some form filling in.

Im not [causing problems] this, it is genuine, but its very true what was said about good days. If I have a good day they will probably think that theres nothing wrong with me. If its a bad day then I probably wont make it to the treadmill to be assessed.

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well your own OT should be supportive and might already have the form filled out when you get there! (apparently it happens).


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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Well that was fun.........NOT!

 

I got to the hospital, met my OT and we went up to the gym, by which time I was shattered, she sat me down and when I was ready got me on the treadmill.

Then after having explained what I needed to do, started walking. She said tell me when it starts to hurt to which I replied that it already was, so we stopped. Total distance........50.75 meters.

I must have looked bad because she sat me down and proceeded to fetch me cups of water. We had to go back to the clinic and I told her I would make it despite saying I should use a chair and she would call a porter.

I declined, and after about half an hour, we had a steady wobble back, I

said I would do it if it killed me, they want to know what happens when I walk so I would show them.

Then it started, I must have looked bad at this point.

She called a nurse to do my obs after lying me down, I had pulse, blood pressure and god knows what else checked, I was hyper ventilating. After it all clamed down after about 30mins she said she would write to the council saying I was eligible for DLA and brought my next clinic appointment forward.

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Oh starsky

 

Slow down hunny

 

The idea of OT is for you to do what is actually manageable. I went through OT a few a years ago, and pushed myself to the limit, suffering terribly for it afterwards each time.

 

You need to pace you self and be realistic about what you can actually do as opposed to what you want to do.

 

I receive lower level disability living allowance on which I am currently appealing but under discretionary rules I have and am entitled to a blue badge.

 

The rulings have tightened recently but I got my new one with no problem.

 

As from what I have read your disability levels vary from day to day, when filling in forms you need to put what you can do on a "bad day" not the best day of the week and I get the impression you are tending to detail your activity at your best. Dont worry this is quite normal and is part of the transition and acceptance between what you used to be able to do and what you can actually do.

 

Distinguishing between the two is very difficult and you have to be very honest with yourself - and i can assure you - that bit is very hard to do.

 

So good luck and I am here for you xxxxxx

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I am just annoyed that the council are making me jump through hoops to get this. According to their rules, when someone applies under discretionary rules, they are supposed to look into it through their records etc, but they didnt do anything other than reject me. If they dont grant my badge after fridays episode then they never will. I didnt mean for any of that to happen, it just did, because I did too much.

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Hi all,

I had a phone call today from the council and they are reinstating my badge.........RESULT

 

Thank you all for your support. :)

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congratulations.jpg

 

 

(I still think you should re-apply for DLA. :razz:)

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Hi,

 

i just wanted to ask a question regarding DLA and BB.

 

Bookworm you said

you have to be on the higher rate of mobility to get a BB,
are you saying that you need to be on DLA to get BB ect.

 

My husband has a BB and also a disabled bay out side of our house for him ,but he is not entitled to DLA.

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No, as OP clearly showed, you don't have to be on DLA to get a BB, but if you're applying on the basis of having DLA, then you need to have the high rate mobility element. High rate of care and low care of mobility won't do it.

 

Hope this clarifies things. :-)

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Thanks bookworm for your fast reply.

I understand it now lol

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Hi

 

You can get a blue badge without DLA higher rate , If you look at the application forms for a badge ,you should see it states you may be eligible for one , or look up on internet "blue badge" etc you should find the info about somewhere, I applied for one and stated on the form my medical conditions etc, , I waited a week or two then phoned them up asking if I had been granted one, and they said yes i had and that it was in the post, it came thro the letter box before I even put the phone down ,hows that for timing,

 

Apparentley they ask your doctor to fill in a form like dla, and he stated i needed a blue badge.

 

Two weeks later I went for A EMP medical examination at DLA offices,

 

two weeks later I had my dla awarde low care , high motobility.and backdated too. great , so get in touch with badge people .

 

Dozy

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