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    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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Dwp pension a week late help


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Later in the week. I could not even get hold of the Social Fund today. What gets me is the Job Centre issues a crisis loan straight into the bank as they did on Friday. However if your pension is not paid the Job Centre can issue a Counter Credit but you have to get someone to go into the job centre to collect the cash but not a payment into your bank account! Where is the logic in that. As I am disabled I need the money in my daughters account to pay for food deliveries.

 

Clearly the Disability Discrimination Act does not apply to DWP?

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In hindsight it would have been better to have the giro placed in your bank, it could have been cashed by wednesday, then you would at least know your money was there.

It is possible that they may not get another giro out to you until thursday/friday. Then getting some one to cash it, then putting it in your bank. It would have been less hassle for you.

However do complain, because of their mistake they have disrupted your routine and it has obviously caused you some distress.

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They have said they will replace it and will send a first class envelope for me to return the old one. Why the hell they cannot cancel I do not know. Sorry but this all their errors, they admit that yet all they do is cause major inconvenience and leave people without any access to money.

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Hi.

 

As I understand it, the pension service do not have the facility to process FEP payments. That may be the reason why they cannot pay you into the account on the same day - it may simply not be possible for them to do if they do not have the facility. Benefits, Social Fund and Pensions all come under DWP umbrella but they do not all have the same systems or access in place.

 

The reason that they won't replace the giro before it is returned is because of the possibility of it being cashed. But is is not possible for this giro to be cashed. They cannot 'cancel' a giro once it has been issued. All they can do is send a stop notification to one particular post office. However this should not apply - because the giro is crossed, it cannot be cashed at a post office, or a money shop, and it can only be paid into an account with the name of the payee which will be you - so it can't be paid into your daughters account. A crossed cheque can only be paid into an account which is held by the same payee named on the cheque.

 

Should they then replace it? Morally speaking, and in my own opinion, yes they should. Can they? Honest answer, I don't know. They probably have very stringent policies about when they can and cannot replace a cheque and I would guess that if a claimant has recieved a cheque that it cannot be replaced until the original is returned. But again I would guess that any guidelines about replacing payments probably also have a factor of 'reasonability' about them. If I were your advocate, I would put that to them.

 

The quickest way to get your funds is to have someone return the payment on your behalf and have that same person collect a payment on your behalf. They would need your ID and the person collecting the payment's ID to do this and a letter from you giving permission for them to collect it. I know that is in not convenient and isn't ideal but it seems that it will be quicker for you with the way things are going at the moment. If the payment is returned to the jobcentre then it is perhaps possible for the finance staff to check it as returned on the computer system on the same day and for a replacement to be issued reasonably quickly. By post, it's going to take longer to sort out.

 

Getting the money is the priority for now but you absolutely must complain about this formally in writing, and submit a case for redress for maladministration.

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.

 

 

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The problem my nearest DWP Pension Centre is apparently Cardiff I am in Berks so not feasible.

 

They have in fact made two errors one not paying my monies into my established (daughters account) on Mon and then made the error of issuing a crossed check.

 

Plus they are taking no account of my disability under The Disability Discriminations Act. I have cancer so it falls under the Act. Yes I have a letter from my PCT to prove this.

 

Why do they push you to have monies made into a bank account when if they make an error they have no mechanism of quickly remedy it?They are leaving vulnerable and disabled elderly people without access to any money. Virtually all banks accept Faster Payments or CHAPS. Again being unable to cancel a cheque is just not on it this day and age.

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I dont know how much the giro is but I am pressume it must over £449.95, if this is the case then it will be crossed because its to much to cash at a Post Office they will not cash anything over this amount.... If this is the case then the processer who sent the giro should have inhibited crossed giros this would have sent out two, you would have had no problem then the PO could have cashed them..

 

If you send the cheque back by post it may take days, and they will not reissue if their finance has not marked it returned... They can put a stop on a giro but this makes it just uncashable at Post Offices so you will have to return it I am afraid...

Why did you change over to your daughters bank?

Also they can send you out an invitation for a POCA thats a post office account to have your money paid into in the future

Edited by MIKEY DABODEE
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My daughters account as my is hideously overdrawn. Natwest have closed it. Its her spare account she does not use. Pension has been paid into for a while now so all official with DWP. Post Office account is useless as I am totally immobile and need card/account to have food delivered.

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Have you got someone to help you,

I think you need to make a complaint, the giro shouldnt have been sent out crossed, they would know its going into a thrd party account and wasnt cashable..

I just wish I could help you more, but as you state you cant get to a jobcentre for a counter you will have to wait untill they get it back.

and then they can reissue..

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Yes I live on my own. No no social services would not want them involved thanks! I am thinking of making a complaint by getting my MP involved. I usually have a good system in place and GP who will visit at the drop of hat. But this has totally flawed me through no fault of my own.

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To be honest I do not want home care. I have two nervous rescue dogs it would be a nightmare. A neighbour walks them. I can potter from room to room to do what I need to, albeit slowly. I just cannot walk any distance.

 

I am quite happy with the system I have in place. My issue is purely worrying about my pension.

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