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    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
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Quit work voluntarily. Work Programme. What to do now?


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Hello, fellow CAGgers,

 

I have just left my current (temp) job voluntarily. I haven't walked out. I have given proper notice and the company has agreed to let me go as per contract.

 

I am not going into details why I left because there are circumstances still under investigation, or so I'm told. I might make a separate thread later on about this.

 

I am resigned to the fact I might not be receiving Jobseekers Allowance for 26 weeks, I believe, but I need to know some practical details:

 

1) Can I wait the 26 weeks or whatever time before claiming JSA again or do I have to claim now and wait for the negative decision and then wait 26 weeks?

 

2) If I have to claim now and the claim is rejected do I still have to sign every two weeks (or every week under the Universal Credit) to keep my National Insurance stamps?

 

3) If 2=true, can I ago abroad when I don't have to sign, or would that interrupt the period?

 

4) I am still on the Work Programme for another year. Do I have to inform my Work Provider? I have a good relationship with my agent. What are the possible consequences of informing him of my circumstances?

 

5) Would I still be entitled to Housing Benefit under the current regime and under the next Universal Credit regime?

 

As usual, thanks in advance.

"Ask not what your country can do for you, ask what you can do for Poundland"

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If you left your job voluntarily after the 22nd October then the maximum sanction under the new rules is 13 weeks. You can make your application and a decision will be made based on the information you provide on form ES84JP, but nobody will be able to say if you would receive a sanction or not on here sorry.

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Thanks Flumps and Nyg.

 

I have read this:

http://www.dwp.gov.uk/docs/jsa-sanction-changes-factsheet.pdf

 

- I would have to claim JSA (and have it rejected) to start the 13 weeks counter

- I "must still continue to be available for employment, take steps to actively seek employment, and come to the Jobcentre for your fortnightly appointment to verify this. If you do not, you may lose your entitlement (and your claim will be closed)."

 

Is the above correct? What happens if I leave the country and come back to sign? Do I still have to notify the DWP? What about Housing Benefit and Work Programme?

"Ask not what your country can do for you, ask what you can do for Poundland"

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If you leave the country and you have a claim for JSA, HB and CtB then yes you have to notify that you are going abroad.

Your JSA claim will terminate with the last day of your claim being te day before you leave the country and te local authority have different rules which someone else may be able to hep with but as afar as I am aware your HB and CtB can continue for set period of time whilst out of the UK.

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  • 2 weeks later...

A quick update: I have attended my first initial interview after my rapid reclaim. In the application I put it in writing that I quit because I had problems at work. The interviewer hasn't even asked me anything about why I quit. I was told I will receive the first payment in about 20 working days.

 

Does it mean that I will not get sanctioned or could they sanction me later retroactively?

"Ask not what your country can do for you, ask what you can do for Poundland"

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It means that your claim will continue to be assessed as normal pending a decision from DMA regarding your reasons for leaving voluntarily. Payments will be made until a decision is made and will only stop if a decision is made to sanction.

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It means that your claim will continue to be assessed as normal pending a decision from DMA regarding your reasons for leaving voluntarily. Payments will be made until a decision is made and will only stop if a decision is made to sanction.

 

Thanks

"Ask not what your country can do for you, ask what you can do for Poundland"

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  • 2 weeks later...

Another quick update. I've just received the form ES84JP. There are some mistakes by the JCP on why I have stopped working but I'll fill my reasons in. Before sending the letter out, can I ask you some questions:

 

1) Would it be faster if I handed out the form to the JCP or is it safer to send it by mail?

 

2) Should I make a copy and send one to the Benefit Agency too?

 

3) The form mentions that if the job was not expected to last 26 weeks, they will take this into account. My job indeed was meant to last 13 weeks. Does anybody have a template to follow or any more information about this?

 

Thank you

"Ask not what your country can do for you, ask what you can do for Poundland"

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The form only needs to be returned to the JCP it is up to you how you return it but you only have 7 calender days from the date of issue to return it so it may be better to take it in to the JCP in person.

No need to send a copy to te BC they won't have any dealings with it and will send it back to te JCP anyway!

Specify that the job was only expected to last 13 weeeks, DMA may contact the employer to confirm that before making a decision.

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Another update.

 

Today I have received a letter from the Benefit Office (not the Jobcentre) informing me I have been awarded JSA. If the DMA decides to sanction me do I have to return the money back (by the way at the moment the first payment is not in my account yet)?

 

And how long can it take to the DMA to take a decision?

 

Thanks

"Ask not what your country can do for you, ask what you can do for Poundland"

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Another update.

 

Today I have received a letter from the Benefit Office (not the Jobcentre) informing me I have been awarded JSA. If the DMA decides to sanction me do I have to return the money back (by the way at the moment the first payment is not in my account yet)?

 

And how long can it take to the DMA to take a decision?

 

Thanks

 

No, you won't need to pay back any money if DMA applies a sanction - it would apply to payments due after the decision is made. It typically takes a couple of weeks for them to make a decision, though it can vary from one office to the next. I suppose the Xmas season might affect the processing time as well.

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