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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 
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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. 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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IB to ESA migration


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the annual letter iro of your yearly Increase to your DLA goes out manually, this means it automatically generated by the computer..

Its a bit worrying if it took over a month to arrive..

Do you normally get problems with your post.

 

I think the DWP needs to modernise and start sending things via electronic mail as well as consider using courier's instead of royal mail.

 

A DWP rep has came on here saying they have problems with their systems not fit for purpose and the royal mail is constantly under cuts trying to get competitive which is likely to cause issues with that as been a reliable delivery mechanism.

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Hi i am new to this site, i,m very worried i have my ESA medical on Weds 2nd May, iv,e been on IB for almost 27 years, and my last medical was about 20 years ago. i have failed back surgery been left in constant pain also suffer with depression. any help from anyone would be great many thanks.

 

Chrissy V

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worried33, it is my own opinion that the system is not fit for purpose although a number of my collegaues agree I cannot actually speak for them iygwim, the most worrying thing for me at the moment is the introduction of Universal Credits systems which on one hand we are being told everything is hunky dorey and on another hand those using the test programmes are advising of numerous issues, so are they going to replace a very old system with as new system tat still doesn't do what it is supposed to?

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yeah I do wonder what makes them decide to pass without a medical or call a medical, I assumed it was if sufficient medical documents were supplied but your post indicates you only just sent a form and it was enough?

 

I expect workload in the regional area may have a factor.

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  • 3 weeks later...

It is now 8 weeks since the ESA50 form was returned and I've still heard nothing. I have also learnt that I will be refused admission to my nearest Medical Assessment Centre because I can't walk down the stairs in an emergency.

The waiting is driving me nutty.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 3 weeks later...

Still waiting. Whilst I appreciate that the wait is extending the time before I have to appeal something, it's really getting to me. I seem to be spending an awful lot of time reading everything I can get my hands on about ESA and ATOS and I've done the 'how many points' exercise a dozen times. In theory I should get at least 80 points (and even someone trying to fail me couldn't get much below 45) and I meet the criteria for 3 of the support groups but I'm still expecting zero in the hope that I'll be pleasantly surprised.

 

Having said that I am, luckily, one of the fortunate few for whom getting or not getting ESA is not hugely important financially. My husband works full time in a very well paid job and we'd still be fairly comfortable if I lost all my benefits tomorrow. However, there is a principle here. I paid NI for 25 years. I worked in the public sector and originally became disabled as a direct result of my work though I've acquired several other problems since. When I was medically retired I expected the 'insurance' I had paid to provide at least a basic income for the rest of my life, but the bottom line is that if at any point I get sick of jumping through their hoops I can just give up. I can't imagine how much worse this process would be if I didn't have that option.

 

And I do know what it feels like to be a couple of quid short at the supermarket checkout or have to chose between paying the electricity bill or badly needed new school shoes. Been there, done that and it has made me profoundly grateful for how lucky I am now.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Apols, rmw, I've only just caught up with your thread. I'll refrain from commenting on earlier posts as those issues seem to have been resolved (payment wise).

There appears to be massive backlogs with ESA at the moment and I suspect both the DWP BDCs and ATOSH have been a bit overwhelmed by the volume of IB to ESA migration. This has a knock-on effect to us lowly ESA only mortals. I've not seen hide nor hair of my ESA50 yet. Only been waiting 7 months. Consider yourself most fortunate ... :D

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Apols, rmw, I've only just caught up with your thread. I'll refrain from commenting on earlier posts as those issues seem to have been resolved (payment wise).

There appears to be massive backlogs with ESA at the moment and I suspect both the DWP BDCs and ATOSH have been a bit overwhelmed by the volume of IB to ESA migration. This has a knock-on effect to us lowly ESA only mortals. I've not seen hide nor hair of my ESA50 yet. Only been waiting 7 months. Consider yourself most fortunate ... :D

 

I still think this isnt a nationwide issue.

 

I have had 6 appointments sent to me in the past month all of which are around 2 weeks notice.

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Appointment has arrived.

 

Do they read what's on the form at all?

 

I gave them a huge list of convenient dates, this one isn't on it.

I asked for a recording. They have no record of this.

There are a few other necessary adjustments. Not possible at this centre.

I will be refused admission. They've never heard of that before.

 

So what are they going to do?

 

They will write to me to let me know if I should attend at this appointment (difficult as I will be in hospital) or if they will rearrange.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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They have letters from 3 consultants who are queuing up to stab me. I should have had major surgery 2 days before the appointment, if it isn't cancelled at the last minute again.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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This is beyond belief.

 

Envelope lands on the door mat this morning, easily identifiable at ATOS, so I think they're ultra efficient and open it to see what they've come up with now.

 

My appointment has been rescheduled - good

For the same date and time - ?????

And the same place - the one where they won't let me in.

 

Helpful young man (with a delightful Welsh accent!) on the phone explains that where an appointment has been cancelled they have to send another letter out even if it's rebooked for exactly the same time. So I mention the 'I will be in hospital' thing. He says, if you are phone up on the day and we'll cancel then. When I suggest that having just had major (and I mean major, I will be in intensive care) surgery might preclude such a call he tells me to get the staff to phone. As if they have nothing better to do.

 

We move on to if the surgery is cancelled how are they going to get me in and out of the building at which point we start going through the same routine as on Tuesday only this time he does make an effort to find an assessment centre I would be allowed to attend. The nearest one is over 80 miles away, clearly too far. He is stumped and says he'll email medical services for advice, but if they do a home visit I won't be able to have it recorded. It suits me not to argue that point at the moment.

 

So, it's back to waiting again but allegedly had I been able to keep the appointment given, my assessment would have been recorded. In fact I suspect that I'd have turned up at the assessment centre to be offered the choice of rescheduling when a recorder was available or carrying on anyway.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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That is ridiculous. It's a waste of time and the appointment could have gone to someone else. Reminds me of my DLA tribunal last year. I said I couldn't make it and they wouldn't cancel it. That slot could have been used for someone else.

 

it's not the job of hospital staff to phone up ATOS either.

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That is ridiculous. It's a waste of time and the appointment could have gone to someone else. Reminds me of my DLA tribunal last year. I said I couldn't make it and they wouldn't cancel it. That slot could have been used for someone else.

 

it's not the job of hospital staff to phone up ATOS either.

 

Totally agree. I also think it's wrong that they are prioritising reassessment claims when there are plenty of people out there on the assessment rate way beyond the 13 weeks. They should put reassessments on hold whilst they get that backlog sorted.

 

Didn't there used to be an exemption under IB rules for anyone expecting to have surgery in the next 3 months? I wonder what ATOS would put in the report if they came to see me in ITU? Probably that I refused to answer their questions so must be fit for work!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

My appointment has now been officially cancelled, with no reason given.

 

The letter is a 'form letter' with name, address and date handwritten on. They haven't so much as misspelt my name as written in an almost completely different one though to be fair the first 3 letters are the same. Whoever wrote it also hasn't bothered with any capital letters in either name or address. Many moons ago I wouldn't have accepted that from my Year 4s.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

My new ATOS appointment arrived this morning.

 

They have decided to do a home assessment.

 

The letter quite clearly says 'this will be recorded assessment as requested'.

 

Unfortunately it is for one of the dates I gave them as 'unavailable' so it will have to be rearranged again, but never mind. They did at least get my name right this time.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 1 month later...

I cancelled my appointment at least 3 weeks in advance otherwise it would have been yesterday.

 

I got a letter this morning telling me the doctor couldn't attend, dated yesterday.

 

So they are ignoring the fact that I cancelled and, if I hadn't, I would have been waiting in all afternoon for a doctor that didn't show up. Back to waiting.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 3 weeks later...
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