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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ESA or PIP?


Matthew31
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Gutting to hear Mr P. I really had no idea at all.

 

It looks like I could be in trouble with that. I declared myself on nil income with housing benefit back in April/May, which as mentioned worked out as £50 short of what the government says I need to live on per week. So I gathered that unless I earned more than what the law says I need to live on, theres nothing to mention.

 

At 1 point, I was wondering about becoming self employed with the earnings. I spoke to someone at citizens advice who said the earnings are nowhere near enough to be self employed.

 

So I carried on until recently reading up that survey earnings are taxable income.

 

Im guessing now that if I dont say anything to the ESA team when I phone to claim, I will be in trouble if they find out. Whereas if I do say I earn £20 a week maximum to them, I will be in trouble for not declaring it to the housing benefit team.

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Matthew

 

I know all about the troubles of problem and pathological gambling and its complex causes so am not judging. Personally I found GA to be far too simplistic in their approach.

 

I a glad that you have treating the anxiety that you suffer from but it I may suggest, sometimes confiding in a GP can help although I believe that Gambling is a problem that is not recognised by the state largely because, in my opinion, it provided too much revenue and employment

 

I can not give advice on the ESA part I am afraid. I am curious as to why you think that now you 'should' have a certain amount of money

Any opinion I give is from personal experience .

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Thanks flecth, first.... I should have a certain amount? As in why I should be entitled? (Sorry if I read it wrong) I lose my home eventually otherwise. I was on carers allowance until mum died in February as I cared for her. They carried on paying this for 8 weeks after the death of mum (government rules). After, both CA and HB were stopped. As I was in a bad place I claimed HB on a "nil income" basis. When the inheritance came through, I declared it to the HB team who calculated I am entitled to full HB still as when they calculated my income (£1 for every £250 over £6000) it was £25 a week income, but in the letter they showed the law says I need £75 to live on per week. Since capital made it under that figure, HB was paid in full.

 

My intentions were to claim ESA right away at a reduced rate by being signed off by my GP. I didn't get round to it though as I struggled with the death of mum, all paperwork I had to do, gambling slips and I was taken to hospital after trying to end my life.

 

In theory, I was entitled to ESA many years ago as the chronic anxiety has been a long term illness. Yet GP's in the area I lived didn't understand mental health too well and didn't sign me off or give me the help I badly needed. If I was given the help back then and been signed off, I would have gone through the help, hopefully been at some point where I am fit to work and then got a job while caring for mum voluntarily. So I struggled for the last 5 years alone with no medical intervention.

 

Quite recently I plucked up the courage to see a GP in this new area I live. It took a hell of a lot for me to go because of the anxiety and depression. I finally went last week, they saw me, offered me a lot of help and had insisted signing me off in 1 go for 3 months.

 

So thats where i'm at now. My overall capital is under £6000. According to the GP, I can be expected to be signed off long term. He said to me "There is no way you are fit to work now or for quite some time". So I could either carry on supporting myself out of my inheritance, which wont last that long at all, (Bills alone are almost £300 a month... Gas, water, electric, phone, internet, pet insurance, council tax, mobile phone) or claim ESA.

 

My ESA claim should be straightforward as I can prove the gambling addiction, but there are problems with survey earnings.

 

It's due to there being so many conflicting views on earnings from surveys. With the advice I had been given until now mostly being it isn't enough to declare myself as self employed so unless I earned over a certain amount, I wouldn't need to do anything.

 

However more recently I found out that I should have been declaring that amount (even though the average earnings are barely £7 a week, with a maximum of £20).

 

 

Yeah like take my recent slip up....

 

I had self excluded at that casino previously a few years ago, but they were still sending me promo material in the post, via email and by phoning me up. Recently I was at a low point at home and saw a promo email from them which threw me over the edge with temptation, so I started gambling there and lost a lot of money.

 

The next day, when the damage had been done I had an email off them telling me my account had been terminated as I had previously self excluded. They said in the email that had I won, my winnings and deposits would have been forfeited anyway. So little did I know that regardless if I had won or lost, I would have lost.

 

I did mention addiction to a different GP ages ago, but they only gave me leaflets for GA and Gamcare

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Been up all night worrying... Just to also ask, on the ESA form it says about sending my last P45?

 

I haven't been in a job since 2012. But 1 of the questions on the forms says I would need to send them my P45

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