Jump to content


  • Tweets

  • Posts

    • Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  
    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Suspension of housing benefit


jadeybags
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4786 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Wondered if anyone knows, are we as claimants entitled to know why housing benefit has been suspsended? And should we even be told they have been suspended?

I still keep wondering why last june my housing benefit was suspended, & I wasn't told. It was the arrears letter from the housing assosiation that alerted me to the fact it hadn't been paid, 2 weeks worth of rent.

Rang the council & the lady said it's ok, we thought there had been an over payment, but there isn't. I tried finding out more but she wasn't having any of it. She just said the housing assosiation will be paid.

I got another letter from housing assosiation saying the arrears were now even more, was about 5 weeks worth of rent by this time!

Rang council again & they said dont worry it'll be paid to them.

It was.

What I want to know is, shouldn't I have been notified my benefit had been suspended? And when I asked about it, shouldn't I have been told the details?

I asked the compliance officer about that when she came here last month & she said it's usually because too much was paid to the landlord, but that cant be right if it was them that wrote to me saying I was in arrears!

It's all weird. And has me thinking my recent over payment may have been sorted last june & cost me less if they had only been honest about stopping the benefit & why?

Link to post
Share on other sites

Section C8.29 of the DWP guidance manual states that

 

"If the DM (decision-maker) decides to suspend HB, the claimant should be informed in writing. The letter should state the date of and the reason for the suspension, together with what, if anything the claimant needs to do to resolve the situation."

  • Confused 1

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

Link to post
Share on other sites

When my ESA got stopped due to scoring 0 points (which has since been overturned and i was in the support group) my housing benefit also stopped, and I was not informed until my council sent me a letter asking me where my rent was. The housing benefit people, or DWP did not inform me of either stoppages, and I only found out about ESA when i had no money in my account, and housing benefit, when i had a letter after 3 weeks from the council. So yes, they should inform you, but quite often, they do not. The council then wanted me to pay rent myself until it was sorted out, when at that time, I had no income whatsoever.

From what I gathered, housing benefit is paid on a monthly basis, therefore takes longer to resolve, so yes they should inform people.

Link to post
Share on other sites

Section C8.29 of the DWP guidance manual states that

 

"If the DM (decision-maker) decides to suspend HB, the claimant should be informed in writing. The letter should state the date of and the reason for the suspension, together with what, if anything the claimant needs to do to resolve the situation."

 

Cheers hun. Does that apply to Local authorities too though?

And is there any reason I wouldn't have been told at the time?

Also do you know if there is any law that states claimants should have benefit reviews at certain times? It was over 2 years ago I started working part time & came off income supoort & put in a new claim for housing benefit & the compliance officer only came out to do a review last month.

Link to post
Share on other sites

Suspension of HB/CTB claims

the quote i gave is the DWP guidance to Local Authorities who administer HB/CTB

 

the most common reasons for suspending HB/CTB is where a benefit recipient has failed to provide evidence, or information has been received which indicates that benefit is being overpaid or needs to be amended

 

in either instance the guidance is for the Local Authority to notify the suspension, not sure of why you were not notified

 

 

Review of HB/CTB claims

there is no law about how often a review of housing benefit is carried out

 

once housing benefit is awarded, it is the duty of the benefit recipient to notify changes in circumstances, the local authority does not have a duty to carry out reviews, although it is good practice to carry out focussed reviews, e.g. if there has been no changes in earnings/tax credits/pensions for a considerable period of time

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

Link to post
Share on other sites

Thanks folks.

So they should notify people, but quite often dont.

Great. The lunatics have taken over the asylem. The amount of their rules we have to go along with & yet they dont even follow theirs.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...