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    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
    • The other thing is that you are making a big mistake imagining that they are at all concerned about wasting court costs et cetera. They are only concerned about being obstructive and discouraging others.  
    • I have dad's last will from 2019 which mentions the trust. I am in the process of going through probate as the only thing that needs probate is a couple of shares he has (under £3000).  Speaking to my brother and my dad's wife they wouldn't mind going with another solicitor if we need to pay extra for the trust.   
    • That's fine. My taste is for something rather more brusque and that he won't forget – but it's your letter
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Humbug; they've even stopped the Christmas £10 bonus!


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Just got my award notice telling me what I will be getting to live on from April 2012. My ESA is going up from £99.85 to £105.05, but I won't be getting any more because the top up payment I also get to make up for the drop in income I got when changing from Invalidity Benefit to IB, is going down by the same amount.

 

And for the first week in December a Christmas Bonus of £0.00 will be paid.

 

I used to get £10 every Christmas, but I suppose they are looking for ways of funding tax cuts for those earning over £3000 a week. What fairer way of funding cuts for the best off than in true Tory fashion by taking money from the worst off?

 

I won't be sending DC or NC a Christmas card this year.

 

No sure if its being stopped for all the other qualifying benefits, or just Contribution based ESA. There is no mention of it on my wifes pension award letter, and not as yet had letters about my DLA and Carers Allowance.

 

Its bad enough the way they are treating the sick and disabled, but his is just mean. What's next on the agenda, special squads of "officers" on housing estates to take sweets of the children of single parents?

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http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018704

 

Christmas Bonus Who is eligible?

 

 

To get a Christmas Bonus you must be a resident in the UK, Channel Islands, Isle of Man, Gibraltar, any EEA country, or Switzerland. You must also be entitled to at least one of the following benefits in the qualifying week (normally the first full week of December):

 

  • Attendance Allowance
  • Carer's Allowance
  • Constant Attendance Allowance (paid under Industrial Injuries or War Pensions schemes)
  • Contribution-based Employment and Support Allowance (once the main phase of the benefit is entered after the first 13 weeks of claim)
  • Disability Living Allowance
  • Incapacity Benefit at the long-term rate
  • Industrial Death Benefit (for widows or widowers)
  • Mobility Supplement
  • Pension Credit - the guarantee element
  • State Pension (including Graduated Retirement Benefit)
  • Severe Disablement Allowance (transitionally protected)
  • Unemployability Supplement or Allowance (paid under Industrial Injuries or War Pensions schemes)
  • War Disablement Pension if over State Pension age
  • War Widow's Pension
  • Widowed Mother's Allowance
  • Widowed Parent's Allowance
  • Widow's Pension

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Yes I looked that up to, but that would be what applies now (christmas 2011) and does not include the changes due in April 2012.

 

They do make mistakes though, I was told I hd been awarded DLA for Life and Dave said they would look after the most vulnarable in society.

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I may have jumped the gun, but the way this government seem to be intent on destroying all that my father and grandfather fought for, I am always thinking the worst. it may be that I'm going to get it in relation to my DLA or CA, and not ESA, just that it seemed strange to make a point out of saying I would be getting £0.00 as a Christmas bonus.

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Okay the way it was explained to me is that benefits are ranked. Highest ranked benefit pays the bonus.

 

In the game of Benefit Top Trumps ESA main phase (i.e. in WRAG/SG) trumps DLA. Whilst DLA beats ESA in assessment phases.

 

2010 I got a Christmas bonus paid by DLA.

 

Didn't get one this year so phoned up DLA. DLA told me that as I'm in main phase ESA it's they who pay it.

 

Called ESA who said no it hasn't been paid expect a call back.

 

ESA call back 1, No your not eligible as although you get both Conts and Income ESA it's the Income one that takes president so you will not get one.

 

Okay I think fair enough DLA premiums each week or £10 a year ~ no contest really.

 

ESA call back 2 (10 minutes later), Sorry we were wrong and you do qualify for it.

 

Next thing you know a notice arrives through the post saying Congratulations here's £20.

 

So the moral of the story is...... I don't know!

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  • 9 months later...

I wonder if her £10 was combined in with either her IS or CA is that possible? She says her payments for those vary from week to week so she never knows what will arrive. She certainly hasn't had an individual payment of £10 at all.

 

Did everyone get theirs as a separate individual payment of £10 or was their paid with their benefit?

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Got mine for the first time this year, it arrived separately.

I know I've asked a couple of times but am yet to procure an answer. Why is the bonus paid to CB ESA claimants but not to IR ESA claimants? I would have thought the latter needed it more.

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Mine was in with my regular payments

 

Did you get a letter saying it would be in with your payments or you just noticed the extra tenner so you knew it was there? And what was the payment it was included with? Only asking because I wonder if hers was the same benefit and she's just not aware of amounts like you. She's confused about her payments always.

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Did you get a letter saying it would be in with your payments or you just noticed the extra tenner so you knew it was there? And what was the payment it was included with? Only asking because I wonder if hers was the same benefit and she's just not aware of amounts like you. She's confused about her payments always.

 

I didn't get a letter. I wasn't even aware we had got the 'extra tenners' until this thread mentioned it. I went back to my online statements and saw that the payments were £10 more that week than they usually were. I hadn't even noticed at the time.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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