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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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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Entitlement Help - PIP, DLA or JSA


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Hi All,

 

Another post on behalf of my partners sister and farther.

 

Apologies in advance if some of these benefit names have changed and I am calling them the wrong name and for the long post.

 

Background Story;

Partners Dad's house that himself and other daughter was living became UN-inhabitable due to a gas explosion next door that blew a hole in the side (https://www.blackpoolgazette.co.uk/news/a-miracle-escape-from-gas-explosion-at-21-charles-street-in-blackpool-1-8780154)

 

Daughter suffers from moderate Asperger Syndrome and has recently been diagnosed as clinically depressed.

 

She got fired from her job due to not turning up and some conflicts internally that started to escalate (she described it as bullying but I don't think that was the full She got paid out £8k from the job due to being done by the book and they previously had to pay out £40k for a previously fired employee.

 

Her Dad moved into ours whilst she moved into her "partners" Mum's house, her partner is currently a registered carer for his Mum who has now got the onset of dimensia

 

She now has blown through the £8k on material itemswithin the space of 6 months and has no money and no job and claims she can't work due to this depression as unknown people trigger panic attacks but she can attend events like steampunk, real ale events etc filled with unknown people.

 

She is now being prescribed some medication to help with the depression but she has to pay for it, she is constantly now calling her Dad asking for money for these things, he is happy to do it at the moment but solely from necessities.

 

Her Dad also thinks that her partner has also "helped" spend the original £8k payout as he runs an unsuccessful business that is currently £50k+ in debt and can't afford to pay himself.

 

Question;

 

her Dad wants to know what she could be entitled too money / housing wise whilst all this is getting sorted, both house rebuild and depression.

 

She said she applied for JSA but was turned down, there was no proof that she actually went to the Job Center and her story seemed a bit off, we don't think she want's to sign on maybe for sense of pride etc as everyone one else in the family works, but will happily drain her Dad of money and make him pay for her drinks bill etc.

 

She hasn't mentioned anything about seeing if she is entitled to any disability based benefits.

 

Daughter in question is 28 years old and her partner is 47 (I think,) he is a registered carer for his ill Mum, lives at his Mum's home with other family and the Daughter in question, works so many hours a week for his own company but doesn't pay himself as the company has no money and hasn't for years.

 

Any help or advise would be appreciated on how to approach this and again sorry for the long post but I know people are asked for more information on the forum all the time so thought I would try and get as much of it down as possible.

 

Thanks in Advance.

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Depending on the area it might not be JSA that she has to apply for but Universal credit, she might be able to apply for Employment support allowance, not sure she would get any help with housing costs unless she can prove, with a contract,that she is paying rent to her partners mother.

To see if where she lives is on Universal credit not JSA.....https://www.gov.uk/guidance/jobcentres-where-you-can-claim-universal-credit

 

https://www.gov.uk/apply-universal-credit

 

https://www.gov.uk/employment-support-allowance/how-to-claim

 

For PIP, DLA is only given to children now, https://www.gov.uk/pip/how-to-claim

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