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    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • 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. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • 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.
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

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      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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IB50 confused


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I can understand why you would worry smithy 1, ESA is harder to get.

 

It's a good question because we should be migrated from March (me included) and I'd be interested to know if they send you an ESA50 or an IB50.

 

Which ever one it is, we are here to help.

 

My guess is that they will leave you alone until they are ready to send you an ESA50.

 

- dj

 

I am confused. Why is ESA harder to get??

 

Surely you are either unfit for any type of work OR can work.

 

If the poster is genuinely ill and has no work capabilities (including putting letters in envelopes at home as a job), then he/she will pass.

 

For people to worry about failing ESA does make me think that they may just be pushing their luck a little and really are able to carry out some type of work activity yet choose not to.

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I am confused. Why is ESA harder to get??

 

Surely you are either unfit for any type of work OR can work.

 

If the poster is genuinely ill and has no work capabilities (including putting letters in envelopes at home as a job), then he/she will pass.

 

For people to worry about failing ESA does make me think that they may just be pushing their luck a little and really are able to carry out some type of work activity yet choose not to.

 

That's not a very helpful attitude, satire. I can't remember if you've claimed benefit, but I have and it's not an easy place to be. Having been around the forum for over a year, I feel that the vast majority of people who come here for help are genuine.

 

I can't tell you the nitty gritty, but I think it's recognised that the Atos test for ESA is more stringent than the one for IB. I hope one of our experts will know more than me.

 

My best, HB

Illegitimi non carborundum

 

 

 

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unless your in that postion satire your comment shouldnt assume it will go ok . ive read many articles about genuinely ill people like myself and many others not passing medicals then having to go through a appeal process.

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I know all about the ATOS assessments. I failed mine, not because I am not ill or disabled but because I expected them to contact my GP/consultant and didn't bother to complete the ESA50.

As soon as they saw the evidence I had at the reconsideration stage, I was put into the Support Group and am re-assessed every 3 months.

 

I never worried about it as my failing was down to me not the assessment. If I had done what I was told to do on the form there would have been no problems. So it was my fault entirely.

 

On my medical report they sent to the DWP, they stated that 'Claimant is very obnoxious, sarcastic and complained about the assessment..........he asked if I had contacted his consultants..........Claimant is very unco-operative and makes the assessment difficult. He purposely took additional medication throughout the assessment.'

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