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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted.
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I failed my atos medical


cbbc
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CBBC

 

I think it would depend on what group you are placed in, i know someone who had esa appeal and one a few weeks later had another medical and she is in Work Related Activity Group (she is no way fit for work) they just grind you down to the brink of dispair.

Work Related Activity Group

If you are placed in the work related activity group you will be expected to take part in work focused interviews with your personal adviser, and will have access to a range of support to help you prepare for suitable work. In return, you will receive a work related activity component in addition to your basic rate. But if you refuse to take part in work focused interviews, it may affect your benefit.

 

Or

 

Support Group

If you are placed in the support group because your illness or disability has a severe effect on your ability to work, you will not be expected to take part in any work related activity, but you can do so on a voluntary basis if you want to. You will receive a support component in addition to your basic rate.

 

Then i think you go back to atos 3 years later i beleive.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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This is a must read for cbbc and you other caggers.

"Ministers are to change the way disabled people are assessed for benefits amid uproar over a "draconian" testing regime that aims to cut the welfare bill and get more people into work." (The Observer, Sunday January 3 2010) read article

It also tells you the amounts you get; JSA, Work Related Activity Group, and, Support Group.

Good luck cbbc. I'll have mine (ESA/WCA) coming up soon and I'm already in despair. If you get into one of the ESA groups they'll make up the £ difference and backdate it to the beginning.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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  • 4 months later...

Hmm I see Kelcou has commented on this thread, hi!

 

Just a couple of points, I can categorically say that the only way to detect a meniscus tear is by MRI!

 

This is because I have been messed around for years with my knee. Recently changed my GP young one to a more experienced one at another surgery. Young one referred to it as a funnyism after 3 years of asking her. New Doc said 'torn meniscus' and sent me for an x-ray. However, when I attended the surgery for the resul there was a stand in locum. He stated the X-Ray was negative. I explained the problem. He said it a meniscus tear and he refrred me for an MRI. I asked why it hd not showed up on the X-ray, he replied that X-Rays rarely show them up.

 

Hope thats of some help.

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Hmm I see Kelcou has commented on this thread, hi!

 

Just a couple of points, I can categorically say that the only way to detect a meniscus tear is by MRI!

 

This is because I have been messed around for years with my knee. Recently changed my GP young one to a more experienced one at another surgery. Young one referred to it as a funnyism after 3 years of asking her. New Doc said 'torn meniscus' and sent me for an x-ray. However, when I attended the surgery for the resul there was a stand in locum. He stated the X-Ray was negative. I explained the problem. He said it a meniscus tear and he refrred me for an MRI. I asked why it hd not showed up on the X-ray, he replied that X-Rays rarely show them up.

 

Hope thats of some help.

 

Hi, I had an MRI too and that didn't show anything either.

When I had an arthroscope it showed significant damage.

I have had two ops now but am still in a lot of pain.

I have osteoarthritis in my knee and hip but am too young for replacements so I just take lots of medication.

I was lucky enough to win my appeal but was placed on the work focused group and have to attend a meeting next month to talk about my work prospects.

You must insist on being referred to a consultant for an op.

Good luck.

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cbbc thank you

 

thats very very interesting and I am indebted to you for pointing this out.

 

I get stuck in my house for days and very recently for weeks!! Soo frustratig that they so called doctors do not undesrtand how difficult it is. However I have some hopes for this new one.

 

Well apart from the fact that when she realised I was on Oesomeprazole for 20 years whe wanted to send me for an edoscopy to discover what they had already discovered with two other endosopies previously lol.

 

I will let that one ride.

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As anyone on here already completed form GL24?

 

I need to know exactly what to write and what, if any, supporting evidence I need to submit also ie GP and Neurologist reports?

 

Can I submit supporting evidence separately after the GL24 submission?

 

thanks a lot

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Hi stalin's,

I can only advise for a GL24 ref ESA as that's the route I went down. The important thing is to get it back as soon as. Enclose whatever info you can but be aware that you can submit supporting evidence to the Tribunal Service up until about a week or two before your Tribunal date - usually 6 to 9 months away. Loads of time. That said, of course, the supporting evidence can only relate to your condition up until your [ESA?] stopped [Not the date of the ATOSH assessment].

Hope that helps.

Best wishes

Rae

 

PS: Hi allnights, hope you are well... :)

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kelcou

 

thanks for that

 

do you know the process once the GL24 form as been submitted?

 

i have heard they can simply reverse the 'failed medical' decision without even going to another medical or tribunal

 

I am assuming the tribunal is the final leg of the process once your appeal as been declined?

 

I get the feeling that no matter what is said or what evidence is offered that they'll still fail people

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  • 1 year later...

Ahhh the famous Atos.

 

Yes I heard about these people. Someone I had been chatting to sent me details about them.

 

Lo and Behold I have now had a questionnaire from them. However as people have come to realise in the past I am not that easy to deal with. As some on CAG would probably now guess about me.

 

In fact this is the first time I have been on CAG for some time due to some very serious matters I had to deal with.

 

Also since I was last on here a great many things have occurred and situations changed dramatically. Of these one is that I wrote two books and these are in the hands of literary agents right now. I have alreay had a great deal of lone agents express great interest in what they have read and stated that I added a bigger agency and that I would be published very soon. I hope so.

 

These two books have been about the many things I have talked about in previous posts. One of them is about something I could not post on here at the present time. I would not be believed anyway, so to save myself from being accused, or indeed labelled, a madman I shall not. Plus it is to protect certain individuals too.

 

SO I had a look at the Atos people after the DLA Help Group sent me information on them. I have a chapter prepared in one of my books just for them.

 

In the meantime I am sorry to hear of anyone who is having difficulties. I am sure this is now where I am heading, though they have a few shocks coming their way this time. I will keep you posted.

 

:-)

 

Be wary of people omn here offering help, lol. They are not who they claim or make themsleves out to be at times ;)

Edited by allnights
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Be wary of people omn here offering help, lol. They are not who they claim or make themsleves out to be at times ;)

 

Hi, allnights.

 

This comment gives cause for concern. As a public website, anyone can come on here under a guise of something else - that's why we warn about touts. That doesn't mean that they are welcome here, and we will not tolerate users who abuse CAG or other CAG users. If you know something specific about a member who is here with an ulterior motive, please tell us about it. You can private message me or any other member of the Site Team (Team members names are in orange text) if you prefer, so that we can look into it. We can't do anything about users abusing the site unless we are aware of who is doing it. We cannot be on every thread and often rely on members here to tell us when something is going on. If there are specific posts you are referring to, please hit the icon with the exclamation mark in the triangle of those posts to report them.

 

Thanks,

Erika

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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I've sent you a private message.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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  • 2 weeks later...

What is the advice for someone who was informed by the dwp that their case was going before a tribunal but has received no appointment for said tribunal but has recently been sent another questionaire from atos to complete ?

Any advice appreciated.

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Anyone able to advise? the person in question has today been told by dwp that they still need to fill in and send off the health questionaire even though they are awaiting a date for the tribunal in relation to the last time they were deemed fit for work following an interview with atos.

The person in question has bipolar, any advice anyone ?

Cheers.

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