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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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Help please housing benefit


crock17
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now i have submitted an appeal they are really pushing me to agree a payment plan and i find that very suspicious.

 

Wait until they have carried out the appeal.

 

Any notion of a payment plan before then is a bit premature.

 

But do your own I&E and then you will be able to tell them what you can afford to pay back as part of a payment plan if needed.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Wait until they have carried out the appeal.

 

Any notion of a payment plan before then is a bit premature.

 

But do your own I&E and then you will be able to tell them what you can afford to pay back as part of a payment plan if needed.

 

Good advice.

In the appeal letter request that they consider holding recovery until the outcome of your appeal is known.

Please do not ask me for advice via PM as I will not reply.

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had a reply after my appeal

i will send the full content when i get home.

 

basically they are saying i cannot appeal because its law and sent me a DWP document stating regulation 23 of the housing benefit regulations 2006.

HB/CTB circular A30/2004 overpaid tax credits

38 if an overpayment of tax credits has occurred during a period i which HB/CTB was also payable, and the overpayment of tax credits is subsequently recovered, there is no provision in regulations to reassess the HB/CTB awarded for that period.

i have looked at regulation 32 and it dose not mention anything about overpayments

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this is the actual document they have sent.

Regulation 32 Calculation of average weekly income from tax credits

6 March 2006

 

 

 

(1)

This regulation applies where a claimant receives a tax credit.

 

(2)

Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).

 

(3)

Where the instalment in respect of which payment of a tax credit is made is—

 

(a)

a daily instalment, the period is 1 day, being the day in respect of which the instalment is paid;

 

(b)

a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;

 

©

a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;

 

(d)

a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.

 

(4)

For the purposes of this regulation “tax credit’ means child tax credit or working tax credit.

 

 

 

 

 

HB/CTB Circular A30/2004

Overpaid tax credits

38 If an overpayment of tax credits has occurred during a period in which HB/CTB was

also payable, and the overpayment of tax credits is subsequently recovered, there

is no provision in regulations to reassess the HB/CTB award for that previous

period

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The A30 means that the overpayment stands as it's the income you received at the time that they use. This also works in some people's favour as if you were underpaid tax credits for the period, they don't go back and decrease your HB.

Is your overpayment from your increased wages when you went self employed?

Please do not ask me for advice via PM as I will not reply.

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The overpayment was only a small amount I'm talking a couple of hundred. That's my gripe a couple of hundred over and they want thousands back

 

Have you spoken to your local MP or councillors?

 

Have you exhausted their complaints procedure?

 

Have you got them to explain FULLY, in language you understand, HOW they have arrived at the figures they're quoting you to be repaid??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Have you spoken to your local MP or councillors?

 

Have you exhausted their complaints procedure?

 

Have you got them to explain FULLY, in language you understand, HOW they have arrived at the figures they're quoting you to be repaid??

 

How long ago was it calculated? If it's thousands it might go to the investigation team.

Please do not ask me for advice via PM as I will not reply.

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local mp is not an option staunch conservative who regularly votes against human and workers rights. in the news for telling a student to f off back to scotland

 

have councillors got any say ?

 

according to them i don't have a claim as its law (not sure about that)

 

they have explained but in there language

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local mp is not an option staunch conservative who regularly votes against human and workers rights. in the news for telling a student to f off back to scotland

 

have councillors got any say ?

 

according to them i don't have a claim as its law (not sure about that)

 

they have explained but in there language

 

They are correct. The law has been correctly applied & they can not intervene.

Please do not ask me for advice via PM as I will not reply.

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They are correct. The law has been correctly applied & they can not intervene.

 

Did you preside over this case then??

 

crock, you say your local MP isn't an option, so that tells me you've not exhausted all avenues of complaint, regardless of your opinion of your local MP and Cllrs, they have a DUTY to their constituents.

 

You need to tell them that the LA they preside over is failing its constituents, and failing to answer complaints in a language YOU understand.

 

You could of course, roll over and accept being royally shafted, which makes this whole post pretty pointless?

 

You asked for advice, some have given it, but you seem keen not to action any of it.

 

IF the LA has given you its final response, or a ''deadlock'' letter, then they will tell you who you can escalate your complaint to.

 

From what you say, this hasn't happened?

 

Go back to the LA, tell them you do not accept their response, and wish to escalate the complaint further, once its reached the top of their complaints process, they will issue you with a deadlock letter, or their final response, and it will give you the address or contact details of who you're able to escalate it to.

 

If you're unhappy with the response you get from the LA, then copy in your local MP and councillors along with your complaint, so as you can escalate this further, out of the LA's hands and onto the local government ombudsman.

 

The previous post is flippant at best.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Did you preside over this case then??

 

crock, you say your local MP isn't an option, so that tells me you've not exhausted all avenues of complaint, regardless of your opinion of your local MP and Cllrs, they have a DUTY to their constituents.

 

You need to tell them that the LA they preside over is failing its constituents, and failing to answer complaints in a language YOU understand.

 

You could of course, roll over and accept being royally shafted, which makes this whole post pretty pointless?

 

You asked for advice, some have given it, but you seem keen not to action any of it.

 

IF the LA has given you its final response, or a ''deadlock'' letter, then they will tell you who you can escalate your complaint to.

 

From what you say, this hasn't happened?

 

Go back to the LA, tell them you do not accept their response, and wish to escalate the complaint further, once its reached the top of their complaints process, they will issue you with a deadlock letter, or their final response, and it will give you the address or contact details of who you're able to escalate it to.

 

If you're unhappy with the response you get from the LA, then copy in your local MP and councillors along with your complaint, so as you can escalate this further, out of the LA's hands and onto the local government ombudsman.

 

The previous post is flippant at best.

 

No I didn't. What I'm saying is the councillor can't do anything and appeal is the only route.

 

What I am also saying is the law says that the HB can't be retrospectively adjusted because tax credits are which appears to be the crux of the matter.

Please do not ask me for advice via PM as I will not reply.

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have asked them to point out the law that states wftc can not be deducted after it has been paid back. from what i have recived its a circular taged on to the bottom of regulation 32. how dose that make it law ?

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have asked them to point out the law that states wftc can not be deducted after it has been paid back. from what i have recived its a circular taged on to the bottom of regulation 32. how dose that make it law ?

 

It's a clarification of reg 32, which is law. You can challenge the circular but if you are going to go down that line you need to get professional help. What I would add is it sometimes works in people's favour - tax credits were underpaid but they don't go back and amend HB.

Please do not ask me for advice via PM as I will not reply.

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The crux of the matter is you had the income at the time the benefit was awarded and it was awarded and calculated on the correct circumstances at that time. i.e. you received the tax credits as an income.

 

You now have to pay it back, but you still had that income to spend at the time the HB was awarded and calculated, regardless of the overpayment that has now be calculated. as such you received the correct amount of HB at the time.

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So all being said, there is a repayment that needs to be made, BUT, you disagree with the total amount yes?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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actualy the crux of the matter is that i have not had the money ! its unfair unjust and probably illegal. they only target people who are not in a position to defend themselve. i was overpaid by a couple of hundred and they expect me to pay back 5k do you think that is fair ????

the system is intended to support people in need and at the time i was in need. but the LA are now manipulating the system making up rules and lying to raise revenue.

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i disagree that what they are doing is legal. i know for a fact that if a judge says you owe money you owe money. but if you have paid the money back how can you still ow it and have it added to another debt ?

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