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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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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Any one else have problems with the new DLA form ?


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Hi Mike, I am a bit slow at times is it the P.I.P form you are asking about.

 

Edited for information.

 

If it is this is the assessment criteria.

 

https://www.gov.uk/government/publications/pip-assessment-criteria

 

Also this is a good guide

 

http://www.disabilityrightsuk.org/personal-independence-payment-pip

Edited by mr_mastiff
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yes , been on them for a while.

 

mike

 

Hi Mike I am getting confused .A few years ago I was given a life time award, I have since been told I would be assessed for PIP from 2015.

 

Were you given an award for a set period of time and you are being reassessed.

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Positive it says DLA1 bottom left front page.

 

no idea , but it is definitely no the same form as before.

 

mike

 

I was hoping that one of the experts would advise on this. Due to the confusion I would do as planned in your previous post and fill it in and send all your additional information in as well.

 

Mike could you scan the form and post it up.

 

I think it is a renewal form. This may help you as a guideline.

 

http://www.actionforme.org.uk/Resources/Action%20for%20ME/Documents/get-informed/dla-filling-in-form-factsheet.pdf

Edited by mr_mastiff
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Hello mr_mastiff

 

From 2015 DLA people age 16 to 64 claimant Life time award will be wrote to informing of a date that your DLA will Stop,from that date onwards you will be invited to claim PIP

 

Under PIP there will be regular assessment and No more life time awards....

 

 

https://www.gov.uk/pip

 

Thanks I was not confused about PIP and being reassessed from 2015. I am just confused about which form MIKV has received. I am fairly sure now that this is a renewal form which is still valid until the end of october.

 

I must really make myself clear when I make posts LOL

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If your DLA renewal is due between now and February, you'll be sent a DLA renewal form, which I assume is what the OP has. Those whose award end after February / life time awards who report a change in circumstance, can claim PIP now.

 

Thankyou for clearing that up.

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Problem is people dont realises when it's there turn from 2015,people will be wrote to and told there DLA will stop,from that date you will be invited to claim PIP.

 

Unlike the IB to ESA move where people where still getting paid.

 

There will be No payments made from the date your DLA was stopped,until the results of your PIP what ever the decision may be...

 

Noted thankyou.

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I was told that DLA was payable until they've made a decision on PIP?

 

That was my understanding. I have been doing some research on various Gov/uk sites and in the mythbuster Q/A section it states this.

 

 

If you are awarded Personal

Independence Payment we will

ensure there are no gaps between

benefit payments so long as you send

us the information we need when we

ask for it.

 

This is the site.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/205791/pip-myth-buster.pdf

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Hi, 45002, I understand that I must make a claim for PIP, and there is no automatic transfer over. Where the confusion is as I understand it is as follows.

 

I am told to apply for PIP in Dec 2015. I apply and in Feb 2016 I am awarded PIP at the relevant rate. I would still be payed dla until Feb 2016 and then the PIP rate.

 

It would only stop being payed DLA if I did not apply?

 

Is this correct?

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Just a query, 45002, is it fair to assume that if you did claim when the DWP asks you to then there will be no gap in payments? (Going on your last quote in bold).

Apols if that sounds pedantic but many of us are facing this ...

 

 

Everything I have read both on CAB and Gov/uk sites states that if you make a claim for PIP then your DLA will not stop if you do it when they ask.

 

I quote

 

"myth“I have been told that there

will be a break in my benefit

payments if I move from

DLA to Personal

Independence Payment.”

FAQ: Will there be a break

in my benefit payments if I

move from DLA to Personal

Independence Payment?

 

"Fact"

 

If you are awarded Personal

Independence Payment we will

ensure there are no gaps between

benefit payments so long as you send

us the information we need when we

ask for it.

 

I cannot find anywhere that states it will stop when changing over.

 

from the CAB website

 

If you're already getting DLA, PIP is being introduced gradually over several years and will eventually replace DLA. The Department for Work and Pensions (DWP) will write to you at some point between 28 October 2013 and September 2017 asking you to make a new claim for PIP instead of DLA. You don't have to do anything until they contact you.

 

You won't get PIP automatically just because you qualify for DLA. You'll have to make a claim for it. If you don't claim when the DWP asks you to, your DLA payments will stop.

Edited by mr_mastiff
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Quite likely that they will. As it is a new benefit with new and untried criteria it will be appropriate to fine tune it as the pilot study goes along. They certainly don't want the same to happen with PIP as it has with DLA in that the legislation ends up like a sieve with all and sundry claiming that they have a 'disability' and being awarded it. It should be harsh, to weed out those that currently use DLA as another source of income without being tested and retested at regular intervals.

 

I hear all of the time that it doesn't cover the extra costs that a disability brings with it. I accept that that may well be the case for some, but for the majority I would suggest that the extra costs are no where near the £100+ a week that they receive never minding the extras in the form of premiums given with means tested benefits/Council Tax Support/HB & Tax Credits. No one has ever listed what those extra costs are when challenged - they get all uppity.

 

Perhaps some of the requirements are very personal and unique to them. The government already uses family members as a free care system and the care given is very cheap at the price. The amount of hours my wife cares for me at times would never be met by the small amount we receive as part of the care component of the DLA.If my wife was to charge the government an hourly rate it may cover two days.

 

As for being tested on a regular basis it is just another money making adventure for the companies involved . If you have a chronic and progressive condition, for example osteoarthritis and your abilities have been tested and found to be within the P.I.P criteria then I would know that condition is not going to improve. The prognosis can only gradually become worse. I am sure that most people would recognise this fact. That the government is going to keep reassessing people who are incurable is a public scandal that only lines the pockets of the companies involved.

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What will happen is that when your DLA award is coming to an end, or when it's been decided you're up for the DLA-PIP changeover (for those of us with indefinite/lifetime awards), you'll be written to 20 weeks beforehand, given the end date of the DLA and details of how to apply for PIP. As long as you apply in time for PIP, then DLA will run on until 4 weeks after you receive a decision on PIP (regardless of the outcome). Then PIP payments start if your claim was successful.

 

 

Estellyn you are a star? I knew it would not stop but could not find the full details. Thankyou, May I ask a favour and ask what your source is? I belong to a self help group and if possible I would like to pass details on

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Maybe that is the reason why no one wants to justify what they spend their DLA money on.

 

As for caring, My wife cares for me, has done since we were married 33 years ago. Since I became ill in 2004 she has continued to care for me. Yes she does receive the Carers premium and it isn't a lot of money, but why should the caring role of a wife or husband be valued in monetary terms?

 

As for having a chronic and progressive condition, I know only too well what that means. I am personally living on borrowed time - literally. But even so, any chronic condition can become stable at any time. I suffered 7 years of it being progressive, spending more time in hospital than at home. Yet over the past 2 years it has stabilised and touch wood, have not had to go into hospital and have managed to reduce the level of medication that I take. However, tomorrow maybe different, it may all start up again - who knows.

 

In my case I receive HRM & MRC because my condition is so unpredictable. However, if I had been re-assessed two years ago I would have lost all of the DLA because of the remission. If and when it starts up again, then I would re-apply. Is that not a better and fairer way to award this type of benefit?

 

 

When I was assessed for DLA and ESA I produced a diary noting my chronic periods and my acute on chronic periods. My condition does not go into remission I have periods when it is less painful and I have a greater range of movement but it never goes away. I was totally honest because its the easiest to remember. I would welcome a reassessment every six months but what would be the point of wasting vast amounts of money when my local village idiot could they them I am not going to get better.

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