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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.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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ESA50 and disclosing phone numbers


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I have to send my ESA50 form in today, but I haven't answered the question asking for my phone number because I don't want them to ring me. I don't deal with telephones very well and this is shared accomodation where I would rather keep the fact I deal with ATOS secret (as is my right, surely). Given these people could ring any day after recieving the form from 9am-8pm this is unacceptable to me.

Unfortunately the DWP has my phone number from a previous JSA claim. I can't really do anything about that so it may well be that ATOS has the number anyway. Is there anything I can do to insist they write to me?

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Yes they had my phone number, but as I said the first contact by ATOS for my assessment was by letter, I suppose if you explain it is shared accommodation and a public phone as the reason why communication is preferred by letter?

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You are under no obligation to give ATOS your phone number. If they contact you on the number you gave the DWP you are perfectly entitled to refuse to speak to them - you don't even have to admit that it's you.

RMW

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

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You are under no obligation to give ATOS your phone number. If they contact you on the number you gave the DWP you are perfectly entitled to refuse to speak to them - you don't even have to admit that it's you.

I'm sure they'd love that - instant reason to suspend payment.

 

But I'm more concerned about them speaking to the person I live with who doesn't know I'm dealing with ATOS. I would, for personal reasons, rather keep it that way. I can't control when atos would ring or what they would say and I don't want a load of grief as a result.

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:ghost whistler:

 

:Nystagmite:'s telling you. Giving a phone number isn't a condition of claiming benefits. It's not the Government's preferred option but everything can be done in writing, even jobseekers.

 

Not what you want to hear, but unfortunately, when Jobcentreplus already have a phone number Atos will have it as well and they don't respect requests that a claimant only be contacted in writing, dents their profits. The caller will introduce him/herself as from Atos Healthcare but won't reveal what the call's about until they've checked they're talking to the claimant. Atos don't withhold their own phone numbers.

 

Margaret.

Edited by **Margaret**
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:Pesky Phone Calls:

 

For entirely valid reasons about 10% of us don't give a phone number on an ESA50.

 

Should anyone inadvertently answer an unwanted call from Atos; either ask them to send a letter cos you can't cope with/get confused by/don't remember phone calls or deny you're Mr/Ms XXXXXX. After a couple of attempts they'll give up and write.

 

Need an urgent callback from Jobcentreplus without disclosing your own number? Borrow a friend's mobile for three hours and make sure they know it's a temporary contact number!

 

Margaret.

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Should anyone inadvertently answer an unwanted call from Atos; either ask them to send a letter cos you can't cope with/get confused by/don't remember phone calls or deny you're Mr/Ms XXXXXX. After a couple of attempts they'll give up and write.

 

Well if they have my phone number via the dwp then there's nothing I can do about it. If they cause me grief I will not be happy.

I imagine that they will most likely take a dim view of anyone trying any of the above and just stop your benefits.

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I imagine that they will most likely take a dim view of anyone trying any of the above and just stop your benefits.

 

Not correct - you are entitled to deal with benefit matters in writing. And in any case, ATOS can't stop your benefits.

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They won't take a dim view nor will your benefits be stopped simply because you find using the phone difficult.
how can you be sure of that? last time i dealt with them, a couple of years, ago they caused my benefits to be stopped after lying to me (two different advisers) when i asked if i could postpone my WCA by a ouple of weeks. I don't really trust these people. However even then they didn't ring me to book the WCA they wrote to me saying "you need to contact us by x to book your appointment". It would make more sense if that was still the system, i don't remember what the esa50 form was like then, if it was different at all.

I suspect if they ring me and I tell them I can't cope with the phone (it is more the problem of the person I live with answering the call instead or in my absence). If they write to me as they did before, then fine. I don't trust ATOS anymore than I trust the DWP or the Work Programme. Not one of these organisations can be trusted.

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I'm sure they'd love that - instant reason to suspend payment.

 

Really? Like to quote us all chapter and verse backing up that pack of cow dung ?

Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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Well if they have my phone number via the dwp then there's nothing I can do about it. If they cause me grief I will not be happy.

I imagine that they will most likely take a dim view of anyone trying any of the above and just stop your benefits.

 

You imagine much sir, but your imagination isnt the truth. There are many many people who cant take phone calls and there is no obligation to speak to anyone.

The Government itself states that no one should give out information over the telephone yet the first thing ATOS/DWP do on the phone is ask you to give out personal information identifying itself.

 

So stop spouting rubbish please.

Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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Really? Like to quote us all chapter and verse backing up that pack of cow dung ?

What's that supposed to mean? Are you ATOS? Are you not aware of their reputation, which is a matter of record, I might add.

 

You imagine much sir, but your imagination isnt the truth. There are many many people who cant take phone calls and there is no obligation to speak to anyone.

The Government itself states that no one should give out information over the telephone yet the first thing ATOS/DWP do on the phone is ask you to give out personal information identifying itself.

 

So stop spouting rubbish please.

I have no idea what you are trying to say. You've obviously not read what i posted and the reaons I gave for not wanting to speak to them.

 

Given Atos' appalling reputation and my experience with them I wouldn't be remotely surprised if, should I refuse to talk to them over the phone, that they decided I was a difficult customer and referred me back to the DWP. Doing so would mean an instant curtailing of my benefits.

 

I'm not really interested if you believe or agree with me.

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ghost whistler, your question has, as far as I can see, been answered. However, again from what I am reading, your question is purely hypothetical in that no phone call has yet been made.

 

You have been advised that you do not have to give your number - unfortunately from a separate claim, you had already done so.

 

You are worried that ATOS "might" phone.

 

If they do, then you have been advised that you do not need to speak to them on the phone - they cannot stop your benefits.

 

If it concerns you so much, why not write to ATOS and confirm that you are unable to take calls, for whatever reason and that you prefer everything to be either in writing or email and to kindly add this to your notes.

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ghost whistler, your question has, as far as I can see, been answered. However, again from what I am reading, your question is purely hypothetical in that no phone call has yet been made.

 

You have been advised that you do not have to give your number - unfortunately from a separate claim, you had already done so.

 

You are worried that ATOS "might" phone.

 

If they do, then you have been advised that you do not need to speak to them on the phone - they cannot stop your benefits.

 

If it concerns you so much, why not write to ATOS and confirm that you are unable to take calls, for whatever reason and that you prefer everything to be either in writing or email and to kindly add this to your notes.

 

They don't stop benefits - the DWP does and will do on their instruction that I refused to book an appointment.

 

I'm afraid that I find your comment extremely naive. If you think ATOS act with responsibility and respect then all I can say is that you have not been paying attention. THey are anything but. Now while I don't know what will happen, I simply cannot assume that they will respect my wish - and if they don't what then? If I put the phone down on them after saying 'i don't want to talk to you on the phone', what do you think they will do? This is a company that has, now, years of bad reputation; there are hundreds of reports of people being mistreated by these people (and the DWP aren't much better, let's be honest), including my own experience. Now while that might be anecdotal, it's still serious IMO.

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They don't stop benefits - the DWP does and will do on their instruction that I refused to book an appointment.

 

I'm afraid that I find your comment extremely naive. If you think ATOS act with responsibility and respect then all I can say is that you have not been paying attention. THey are anything but. Now while I don't know what will happen, I simply cannot assume that they will respect my wish - and if they don't what then? If I put the phone down on them after saying 'i don't want to talk to you on the phone', what do you think they will do? This is a company that has, now, years of bad reputation; there are hundreds of reports of people being mistreated by these people (and the DWP aren't much better, let's be honest), including my own experience. Now while that might be anecdotal, it's still serious IMO.

 

This is a non thread and I'm surprised that nobody has pointed out that official pro bono notification for an assessment is done by LETTER!

 

The telephone call is just some wizzo idea that means nothing without a notification of the appointment in writing.

 

The only reason for a telephone call at all is courtesy (I never thought I'd use that word in relation to ATOS!) as you may want to accept an early (within 7 days) appointment if available or the date they have picked may be inconvenient for you and it is far easier to re-arrange before the official notification letter is issued.

 

Amazingly I didn't get sanctioned after ignoring the calls from ATOS last December (nor has anybody else in living memory) and as if by magic a letter informing me of their proposed time date and place of assessment arrived not to soon afterwards.

 

I ignore all calls unless I'm expecting one. DWP, ATOS whoever I can't be sanctioned for not talking to them and if it's important they can leave a message or send me a letter.

 

p.s. forgot this bit - yes you can tell them with impunity that you do not wish to talk to them if you accidentally answer a call from them.

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This is a non thread and I'm surprised that nobody has pointed out that official pro bono notification for an assessment is done by LETTER!

 

The telephone call is just some wizzo idea that means nothing without a notification of the appointment in writing.

 

The only reason for a telephone call at all is courtesy (I never thought I'd use that word in relation to ATOS!) as you may want to accept an early (within 7 days) appointment if available or the date they have picked may be inconvenient for you and it is far easier to re-arrange before the official notification letter is issued.

 

Amazingly I didn't get sanctioned after ignoring the calls from ATOS last December (nor has anybody else in living memory) and as if by magic a letter informing me of their proposed time date and place of assessment arrived not to soon afterwards.

 

I ignore all calls unless I'm expecting one. DWP, ATOS whoever I can't be sanctioned for not talking to them and if it's important they can leave a message or send me a letter.

 

p.s. forgot this bit - yes you can tell them with impunity that you do not wish to talk to them if you accidentally answer a call from them.

I have no idea what pro bono notification is, but how can you be sure that you are right?

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I have no idea what pro bono notification is, but how can you be sure that you are right?

 

You've been given the answer several times, most recently (and in some detail) by Speedfreek above. It's up to you whether you want to accept the information or not.

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