Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
For all those who have been rejected by their council for not having a "Just Cause" as a reason to backdate any Council Tax benefit.
I used the following reasoning to defeat what I considered the irrationality of simply forgetting to claim is not "Good Cause".
Dear xxx
I refer to your reply to my request to have my Council Tax Benefit backdated for the period xxx to xxx and your refusal to do so.
I wish to appeal against your decision.
Your decision to reject my claim seems to be based on the peculiar assumption that anyone of my age health and experience who suddenly found themselves out of work would immediately think “benefits”.
I can understand that a reasonable person of my age and health who is constantly in and out of work and feels the need to claim benefits on a regular basis would be fully aware of the benefit system.
I can also understand why you, working in the benefit claim environment would believe that this applies to the population as a whole.
I would like to point out serious mitigating circumstances to this belief.
(i)I assume that you did not presume to know the thoughts and actions of women of a similar age, health and experience as me and unless you are privy to a comprehensive and valid survey relating to the thoughts and actions of women of similar age, health and experience as me then I fail to see how you have attained your judgment.
(ii)All my life I have been in either full time education or full time employment and I can assure you that the first thing to enter my head when I lost my job was not “benefits” but rather a job search program.
The fact that it is necessary to put “Good Cause” in quotes reflects the ambiguity and the subjectivity of the good reasons anyone may have for failing to claim on time.
I have now been out of work sincexxx and it was not until xxx when my debts were increasing to such a degree, especially my council tax debt, that I was forced to seek help.
Bearing in mind these mitigating circumstances I do believe I have “Good Cause” for the entire period referred to and I request that my claim is backdated to xxx.
Well Done with that nicely worded letter, i too am requesting a backdated claim mine was on medical grounds and being in hospital at the time whether i get it is another question.
What infuriated me with "Just Cause" was the typical dunderhead way the council try to fob you off with a meaningless phrase generated from a dodgey reference to a law.
After the MPs "claim for anything and everything" fiasco then I dont blame anyone trying to get all they can. (within the reason of the law of course).
Good luck POMPEYFAITH, let us know if youre strugling.
Thanks SAMSMOOT.
"Good Cause" appears to be at the judgement of the person who deals with your claim/appeal, and should be based upon the facts before the deciding person. Clearly they didn't base their original judgement on the facts of your case, and just applied the generic "ignorance of the right to claim is not good cause". It is in some cases, and should be considered on a case by case basis, as you have discovered. Unless of course the benefit in question is restricted by a prescribed time limit, then there is no such thing as good cause, it's simply unobtainable out with the time limits.
Good for you, it is lovely to see an outcome whereby an unjustifiable judgement has been challenged and succeeded as a result.
The generic response is occuring all too often recently. Probably as a result of the current recession, whereby people like yourself whom has worked all their lives and suddenly find themselves redundant, have no idea about their right to benefits and don't claim, then when they are advised of the help available, they get the "automated response" as I like to call it, without the full set of circumstances being considered fully and frankly.
Well done!
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
(exceptions for prior authorisation)
If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post
"JUST CAUSE" an answer
Reply With Quote
