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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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housingbenefit rental family members


emma brand
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i have been in my home for 2 years, i rent of my boyfriends mother my boyfriend does not live with me, i have an x partner that is saying i am making a fraudulent claim and he s going to report me to authorities.... my bfs mum put in to buy this property several months before she completed on it, two months before she completed i was given a notice to quit from the property i was livng in at time i was 7 months pregnant with her grandchild and she asked did i want to rent her property i jumped at chance nd we signed a full tenancy agreement and i pay commercial rent to her.

I am now scared im breaking the law and could be made homeless and have to pay back all the dss rent payments ive made.

would also like to add that i pay 300 a month extra to make the rent up as hb oes not cover full ammont,

please help and advise me im worried sick.

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Hi and welcome to CAG.

 

I'm moving your thread to the benefits forum as I think you'll get more responses there. :-)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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There are laws regarding renting to a relative. It's not as simple as "can't claim HB if renting from relative".

 

Before you were awarded HB, I am sure that checks would have been made to check that the tenancy isn't contrived.

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Hi Emma, many people who threaten to inform on claimants have no clue on what is allowed and what isn't - they just want to upset you and it certainly doens't mean there is any problem with your claim. You may have a problem in that if your bf visits you regularly to help with his child even if he doesn't stay over you may be deemed to be a couple. Why are you not currently living together if you are 'going out' and have a child together?

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Your not renting from a family member so i would not worry. Your landlady may be your childs grandmother but she is no relation to you.

 

And if your boyfriend does not live there with you then you have done nothing wrong at all that i can see.

 

If your ex does try and report you for anything and you get called in then just tell them the truth and you will be fine.

 

As your boyfriend is living somewhere else the only thing you may need if it comes to it would be proof that he is at his own address which would just be his tenancy agreement or if he lives with his mother then a letter from her stating thats where he lives and of corse he will have some bills or something in his name at the address he lives to prove it as well..

 

Ex's can be a pain but very rarely get anywhere when they try to be clever like yours is..

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It must be a struggle paying £300 per month extra for your rent. when you only have £280 per month I.S.

How big is the property does you boyfriends ma charge you a fair rent?

As long as your boyfriend has his own address, can show his main bills going to that address, and is registered there for Docs, Dentist etc then I wouldnt worry.

It sounds like your ex is a nasty little trouble maker, best ignore him, if he carries out his threats does it matter, you have nothing to worry about :)

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Thankyou all for advice upon reading im starting to feel a little reassured, the reason bf does not live with me is because he and my daughter from previous relationship clash, the house is a five bed roomed house hence high rent and since hb is now capped at 4 bed max i pay the extra i have 5 children hence the need for large property, when i moved here i did not tell hb the ser up but shortly after moving in the X reported me to benefits agency for fraud[was the 5thtime he had done this]i went for a meeting with benefits agency and i did tell the woman that interiewed me the set up with house, i guess what i want to know is should i contact hb and speak to an adviser there and let them know or should i just sit tight and wait for my bitter X to report me and then deal with the fallout also f he does report me again would i then be able to ave his ass for harassment? because then the next time he does this to me surly benefits agency would look at it and see that its all malicious and not even bother to investigate saving me the stress and worry?

Again i thank you all for your advice

 

emma

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I think for someone to be reported that many times they will work it out for themselves that someone's just being maliciouse.

 

If you do get called in make it clear it's your ex that's reporting you and that he's done it a few times now and nothing's come of it as he's just a bitter ex.

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That explains a lot :)

 

Do they know then your boyfriends mother owns the property?

If they do and are still paying you HB then they are indeed happy.

So let the llittle charmer send the letter, they will ignore it

.

If your boyfriends stays over a lot though, even though he has his own address this can and will cause problems, benefit wise, so dont give your ex any

ammunition...

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see hb do not know but income supp people do know and no bf does not stay over at all nor does he really come to house i know it seems a odd realtionship but he lives a couple of roads down from me so i go to his i know it sounds weird but it works for us and has worked for years

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So if you do get called in then just explain exactly that to them. they can check with income support about any reports they have had and i would say it will just blow over.

So long as your pre prepared just in case then you have nothing to worry about..

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as someone has said you should be ok, your landady is no relation to you you are not married to your partner, and her son doesnt live there anyway.

so all you can do now is wait and see if he sends the letter, but I think you will be fine.

Its no interest to I.S whatsoever who owns your property just your LA..

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I would inform the LA yourself that the property is owned by your boyfriends mother. They will look in to it and I am sure be fine with it once they have looked at the tenancy agreement and then you can relax knowing there is nothing your ex can do. If your ex does report you and then they look at your circs and tenancy agreement it is going to look like you have something to hide and may make them suspicious in the future if things crop up. That's what I would do anyway.

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