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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Housing/ Council Tax Benefit Overpayment


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If you couldn't get one on the phone you try everyone else and/or find a drop in session and queue up early in the morning like everybody else to get help. (although I appreciate some of these may no longer exist)

 

So what's this I phoned the CAB 14 times they hung up on me business? Who else have you tried?

 

Now my advice still stands and as I sad in my 1st post you have to stop everything else and do it now!

 

http://www.shelter.org.uk/ are well worth a punt now you are being made homeless.

 

Somebody on here might be able to help further but you are really going to have to give a lot of information on everything and it's also dependent on if the right person pops in and reads it.

 

You might also want to read around the board to see the advice others have been given and change the thread title to something that more reflects the issues you are now having.

 

If you can't figure out how to change the title (I'm not sure either) there's a little triangle bottom left of posts you can use to report/request a board guide/admin to do it for you.

 

I'm not interested in the title I want to not be homeless.

 

The cab near me never has enough staff so you can line up at the crack of dawn to be told go go home.

 

The other one you Ihave to do a telephone consult first then they make an appointment. 01512851081 the for yourself if you dont believe me.

 

Can't phone shelter it's 0845 number.

 

I have no were to store my belongings so I will have to pick up a bag and leave everything. I plan on mock g into the councils doorway.

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I'm not interested in the title I want to not be homeless.

 

The cab near me never has enough staff so you can line up at the crack of dawn to be told go go home.

 

The other one you Ihave to do a telephone consult first then they make an appointment. 01512851081 the for yourself if you dont believe me.

 

Can't phone shelter it's 0845 number.

 

I have no were to store my belongings so I will have to pick up a bag and leave everything. I plan on mock g into the councils doorway.

http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

 

Shelter provides a free, national telephone advice line staffed by trained housing advisers. We have helped thousands of people, from finding them a place to sleep to suggesting how to handle mortgage arrears.

Ring 0808 800 4444

 

Supported by:

 

8am-8pm Monday-Friday

8am-5pm Saturday-Sunday

 

Calls are free from UK landlines and main

mobile networks (Virgin, Orange, 3, T-mobile, Vodafone and O2).

 

Plus as I've repeatedly posted there's not just the CAB! Also Phils advice is very good too! You have to be like a rabid dog with these people up close and personal and you don't let go until you're ready!

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I had a an issue when I moved into my current flat.

 

I was lucky in that my dad said he would voer 3 months rent for the expected housing benefit delays, also in that I kept the same landlord as my previous address so I didnt have costs associated with moving such as a new security bond and I was able to use the months rent from last place as first month rent here. I did have to pay my dad back of course but it helped.

 

Now from what I remember I did the claim and got to about 2 months and nothing had happened, I then found out from shelter about the discretionary payments so a letter was sent recorded delivery asking for my legal entitlement of a discretionary payment. A week or so later I got the discretionary payments and then a week after that they processed the full claim, it seems the discretionary payment also pushed me up the list.

 

I cant remember what happened with the council tax but I dont remember having to make full payments whilst waiting for benefit, I think they put the tax on hold knowing I was on the benefit waiting list.

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Things have moved along today. Although the council are still contradicting themselves.

 

Yesterday they told my councillor they had recieved all the information they needed and the claim will be finalised in the morning(today) and to ignore the latest letter(whichbinstill havnt recieved).Then I get an email from someone else this morning saying they didn't have all the information they need. I told her then how come someone senior last night told Tim Beaumont you had it all. Then she's sayin oh actually the information has just now come in (smell a rat?). They are supposedly making payment " in the next few days".

 

But there also saying they need more payslips.

 

Someone senior from the council was supposed to call me today and hasn't. He's then told the councillor he called at 3pm. A blatent lie I've sent Tim a copy of my call register which clearly shows he didn't call. I was at home at 3pm an my signal was fine.

 

Pfffft

 

Still no payment from the job centre either.

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Now the job centre are lying. They've told my mp they need more information (why didn't they do that when I signed on? Probably because the advisor did nothing but ask me about my tattoos) they have said they tried to phone and an email was sent. Nether was done. Grrrrrrr

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Been on the phone to the job centre he says tey don't send out emails then why hae they told the mp try sent one? He ten said there's no reason why I shouldn't of been paid as will phone me back. Which they won't, they never do.

 

Then my landlords been on the phone askin were his rent is. I don't blame him for being impatient he's not been paid for 5 weeks.

 

I still have not recieved any payments. This is beyond a joke now.

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you have said you able to get down there.

 

So go down there again face to face.

Speak to a person who is able to sort out the claim (not hand in desk) even if it means you have to sit waiting all day.

Take all documents they likely to need which will be 3 months bank statements, all proof of income/benefit, tenancy agreement, proof of address, proof of ID.

Take a witness.

Ask for a signed letter when you leave confirming they ahave all they need, or if they say they still need some other document, ask them to specify exactly what it is on the letter and that the rest has been accepted as valid.

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I didnt say a receipt I said a letter.

 

I had issues earlier this year with housing benefit and they asked for repeated evidence, I did as I said to you I simply had to keep sending it in. Eventually it got resolved.

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Been paid but the cock ups continue.

 

Recieved a bunch of letters from the council. One says the claim is incomplete. Another says I have been overpaid by £1.50 and recovery action will be taken! Really? For £1.50? Then another saying I've been overpaid by 140. Ten another saying I am entitled to 0 because I am earning 400 a week! I have no idea were teu have got these figures from I work ten hours a week and claim jsa!!

 

Also recieved this email:

 

Thank you, for your recent email requesting your account balance.

I can confirm the following amount is outstanding in Total is now £780.66

We hold two Liability Order’s for a total of £469.49 from 2010 and we have set up a payment arrangement of £20 Per Week ( which you have defaulted on).

The £146.43 is arrears from 2011.

Your account for 2012 has been credited with £598.32 Council Tax Benefit leaving a balance of £311.17 for 2012.

Your new payment plan for 2012 is as follows 1st Instalment due on 17/08/2012 for £51.17 followed by 5 further instalments of £52.00 per month.

I have reset you arrangement to clear your arrears above (Please continue with your arrangement of £20 per week to start

1st September 2012 till futher notice.

If you require any further details regarding this account please contact Liverpool Direct on 0151 233 3008 or email the service at: [email protected]

 

I've told them I am on 60.80 a week were sonthey think I am getting that from?

 

Also had three letters from job centre each stating different amounts I should be paid. No money has been recieved. I called them and they said I am working 4 hours a week. Again I have no idea were they have got this from its ten hours and payslips are given in with each sign on. I was promised a call back which of course didn't happen.

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  • 1 month later...

A few months ago I recieved a letter from tax credits saying because I had not filed the renewal forms I had been overpayed by £500. I wrote back to them saying I DID file the renewal form but then shortly afterwards I lost my job so wrote to them with a change of circumstances and to stop the payments. But, as per my contract I was entitled to my normal full wage for one month at 39 hours or week so technically I was still entitled to the tax credit payments. It took them around 6 weeks to stop the payments. I also asked for a breakdown of this alleged overpayment.

 

Today I've had a letter back saying "notice to pay... Overpayment period ending 06/04/2012...you may spread the payments over 12 months" how very kind of them. They've no given me a breakdown like I asked. The fact is I dispute the amount and I am currently only earning 60.80 per week so have no means to pay!!

 

WHat can i do to get a breakdown?!

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  • 1 year later...

Had a letter from the council informing me I've been overpaid by £320. They've kindly given me 4 days to pay in full! So much for the one month to appeal!

 

I went self employed in June and claimed Nea. The no jobs centre made an "administration error" and the Nea payments were showing in my bank as jsa. I questioned this and said surely this will interfere with housing benefit payments, the council would see jsa on my statements and pay my full rent. And also make it look like benefit fraud ie claiming jsa and working. My mp got involved and the job centre assured them and me that this would not happen and they would inform the council. I informed the council myself and gave them the Nea letter. They also "put a note on the file". I have the receipt and emails.

 

I gave the council everything they asked for. My payments continued. I did not receive an award letter. I got a letter in September telling me " your claim is incomplete" and they again asked for everything I had already given them. I replied asking why they are asking for everything again?! There response was to send the same letter. I then gave them everything from June to present. It took three months to tell me the claim was incomplete?

 

I have just started university leaving me entitled to 0. I got my start date two weeks before starting. I informed the council of my start date and to cease payments. I also asked for what I have left to pay on my council tax and i will pay it. This was ignored. I again informed them through councilor to cease payments. They said "there's nothing we can do until we see your exemption certificate". These hadn't been released by the university yet. Even my councillor said they should have suspended the final payment until they had the info. But surprise surprise they didn't and I was paid. They have suspended before until they've been given the information...

 

Surely I'm not at fault here? Four months after going self employed and in only seeing an award letter today?

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so whats the problem?,theyve overpaid you?,just pay it back..

That may be incorrect advice because if they have made an official error, they cannot claim it back and there is legislation to back it up. See http://www.legislation.gov.uk/uksi/2006/213/contents/made section 100. We had similar happen to us and were able to show that we had supplied all the necessary and correct information. The demand was withdrawn.

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That may be incorrect advice because if they have made an official error, they cannot claim it back and there is legislation to back it up. See http://www.legislation.gov.uk/uksi/2006/213/contents/made section 100. We had similar happen to us and were able to show that we had supplied all the necessary and correct information. The demand was withdrawn.

 

Exactly, that's what I thought. Thanks for the link. My councillor is on it again for me!!

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  • 2 months later...

Forgot to update this. My councillor Tim Beaumont was VERY helpful with this. Once I had provided all the evidence proving i did everything I was supposed to the council backed down claiming "system error for a small number of claimants" and wrote it off.

 

Huzzah!!

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Well, that's a result. It's quite difficult to get a council (as opposed to the DWP) to accept an "official error" argument, so well done and thanks for updating.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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I'm a actually volunteering within the tribunals helping with appeals and ESA claims. It was amazing how his attitude changed once informed of this and the fact that I'm a 2nd year law student!!!

 

I've also asked my councillor to ensure others who fell victim to this "system error"are not made to repay benefits.

 

I also only dealt with the chief executive, he kept trying to pass me on but I refused!

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Well done hacked-off. It can be done.

 

I remember years ago that my local council chased me for an overpayment as I hadn't supplied all the information they wanted for my 'daughters' college study. (the daughters in quotes will become clear) I supplied everything they wanted for my daughter yet they still said they had overpaid me. After going through the 3 stages of complaint, I went to the LGO and it is then that they realised the council had missed an apostrophe.

 

The letters should have said "daughter's" for me to send information. Result-overpayment cancelled, formal apology-£200 compensation.

 

Just goes to show how one simple mistake can cause untold stress

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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There's still a minor issue with mine. I have in my council tax exemption certificate in September and signed off the end of June. So there's a period of two months were I'm libel for council tax, which I paid. But the council reckon i owe £400 on this years. Mmm something not right there. That's being dealt with separately by me and my councillor.

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