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    • 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.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 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.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
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Advice about pension credit and savings allowance


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hi

I need some advice regarding my finances please.I have recently been awarded pension credit Guarantee Credit.at the moment I have just about £2000 in savings and this has been declared.but I am about to sell my house and buy a smaller property this will leave me with around £25000 over from the sale.as I understand it there is no upper limit to savings as far as council tax benefit is concerned.

as for the pension credit I receive just under £12 on top of the state pension to make it up to the Guarantee ammount of £137.35 a week.

my question is I will need to spend some of this money getting the new house sorted ie: replace kitchen.new roof. new boiler, replace carpets etc I estimte I will spend at least £12/£15000.plus the actual moving costs ,legal fees etc

so I expect to be down to under the upper savings limit within a year or so , will they consider i have deprived myself of the money in order to qualify for benefit.I am not really sure what is considered reasonable spending.

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It would be best to contact the Pensions service

and ask what the implications are.

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There is something about the money being ignored if it's being used to buy another property.

 

With deprivation of capital, they will look at whether it was done on purpose to claim benefits. It's not just a case of "My savings have gone down" and they claim you've deprived yourself of capital.

 

You need to keep receipts.

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There is something about the money being ignored if it's being used to buy another property.

 

With deprivation of capital, they will look at whether it was done on purpose to claim benefits. It's not just a case of "My savings have gone down" and they claim you've deprived yourself of capital.

 

You need to keep receipts.

 

Thanks for the reply, yes I will keep all receipts

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It would be best to contact the Pensions service

and ask what the implications are.

 

Thank you

yes that is a good idea in theory but in practice I have found I have rung them with a question and have been told to ring another number then another etc untill I have had to give up frustratd.

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When you sell your house you will need to do a change of address with the Pension Service.... On the form it asks if you owned your former property, They will then ask for a redemption statement from your solicitor, to show the sale and purchase of your new property... Also a statement from the bank account to show the balance left being deposited...

You will have bought and sold a property so I dont know if the capital will be disregarded even if you say its for essential repairs, that would be up to a decision maker.

Bit if your claim is closed and you spend the money on improving the property, keep all receipts, invoices etc.

When you make your claim again before its processed a deprivation of capital decision will then be done

 

If you intend to spend the money in the manner you have described I cant see a problem, if they are essential repairs, but it would be up to a DM to determine if they will be classed as essential or non essential

good luck with the move, a stress in itself :)

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I'm not certain for Pension Credits but for IS and JSA if you sell a property and have capital from the sale as long as you intend to purchase a further property using that capital it can be ignored for a peiod of up to 52 weeks but this does have to agreed and decided by a decision maker.

If you have essential repairs that are needed then there shouldn't be a problem as long as the cost is considered essential and reasonable, make sure you get the usual number of quotes to get a competetive quote from someone you would feel comfortable with too.

If the capital is not used within the 52 weeks it is then treated as capital which could potentially put you over the capital limits.

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When you sell your house you will need to do a change of address with the Pension Service.... On the form it asks if you owned your former property, They will then ask for a redemption statement from your solicitor, to show the sale and purchase of your new property... Also a statement from the bank account to show the balance left being deposited...

You will have bought and sold a property so I dont know if the capital will be disregarded even if you say its for essential repairs, that would be up to a decision maker.

Bit if your claim is closed and you spend the money on improving the property, keep all receipts, invoices etc.

When you make your claim again before its processed a deprivation of capital decision will then be done

 

If you intend to spend the money in the manner you have described I cant see a problem, if they are essential repairs, but it would be up to a DM to determine if they will be classed as essential or non essential

good luck with the move, a stress in itself :)

 

Thank you very much for your reply it is very helpfull . so as I understand it there are no hard and fast rules it will ultimatley be down to a DM to decide wether or not I would be allowed to update and replace kitchen ,carpets etc.

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I'm not certain for Pension Credits but for IS and JSA if you sell a property and have capital from the sale as long as you intend to purchase a further property using that capital it can be ignored for a peiod of up to 52 weeks but this does have to agreed and decided by a decision maker.

If you have essential repairs that are needed then there shouldn't be a problem as long as the cost is considered essential and reasonable, make sure you get the usual number of quotes to get a competetive quote from someone you would feel comfortable with too.

If the capital is not used within the 52 weeks it is then treated as capital which could potentially put you over the capital limits.

 

 

Thank you for the reply .I will not have the full ammount from the sale of my house as it will go instantly towards the purchase of the smaller house.but I expect to be left with a surplus of around £25000 of which I will probably spend £12/£15000.

so if a DM says I should not have spent the money on the house what happens then ? is there some sort of timescale aas to when the money would have been considered as used in the meantime.

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Thank you very much for your reply it is very helpfull . so as I understand it there are no hard and fast rules it will ultimatle work, be be down to a DM to decide wether or not I would be allowed to update and replace kitchen ,carpets etc.[/quote

 

Yes it would, after the sale and purchase of your new property they might if you state the remainder of the capital is to be spent on essential repairs disregard the capital to you have completed the work, but they may decided you have capital www.scottishlife.co.uk/scotlife/Web/Site/Adviser/TechnicalCentralArea/Rates&FactorsArea/PensionCreditArea/PensionCreditHomePage.asp

 

This may then close your claim. You will then complete the work and spend the capital doing the work

 

You can make a claim as soon as you qualify again, ie you have spent the money

but a deprivation of capital decision will be done,

 

if the spending of the capital is classed as non deprivation, in other words you needed to spend it to make the new home habitable, or esential reapairs, etc, its hard to define :)

then a decision will be made and your new claim paid.

 

But if is deemed you have spent the money to gain entiltlement to benefit then notional capital will be assumed.

 

Say for esample you spend 10k on a hand made Italian leather designer suite, then the DM would say even though you had spend that money, you had a choice you didnt have too, so then capital 0f 10k would be assumed on your claim. Case controls are then put on your claim and every three month or so it goes down in batches of £250. So three months later £9750 would be assumed and so forth till its gone, may take a few years. This means that they would treat you as having 10k for example when you hadnt really because you had spent it on the suite.....

 

So you can reapply as soon as you have spent your capital.

 

Just keep your receipts etc for everything ready for the decision

Edited by MIKEY DABODEE
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Thank you for all the advice,I do have 1 other question I read somewhere ( I think on these forums ) that if you come into a sum of money, you can not pay off your credit card debts in full just the minimum amount each month.does this rule also apply to pension credit ? as I do have a longstanding credit card debt due to having to use it for day to day living.

Edited by beenjamin4
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Hi, Is this the guaranteed element of pension credit?

Can you please explain a little more??

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Are thinking about offering a variation on

the minimum payment required by the

agreement for instance £1 per month?

If so you should be aware that this would

mean that the account would be closed and

a default can be entered on credit files even

if the reduced payment is agreed.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I have never heard of that rule. after the sale of your house and you have your surplus, if you paid off your credit card, then the DM would look at it when making the deprivation decision.

I cant say they will go with non deprivation on this but I have seen lots of decisions where they have treated repayments of credit cards as non deprivation of capital, in other words allowed it

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