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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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      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.

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House sold do i have to pay anything back to dwp?


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My brother due to mental illness has been on long term sick since 1989, DWP having been paying the interest on his mortage. He has now sold his house. Does anyone know if he has to pay back money to the DWP, there is a shortfall on his endowmentand he will come out with very little equity. If he has to pay back to DWP how can I be sure that he is being treated fairly, I would appreciate any guidance. Thank you all.


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He does not have to repay mortgage interest payments to the DWP, no.

 

If his equity is more than £16,000, it may affect any means-tested benefits he receives, although this is a complex area of the law.

 

On edit: I'm working here on the assumption that he's receiving Income Support, IB or ESA on the basis of inability to work, and that's why he's had MI payments made to his lender on his behalf. If this isn't the situation, you'd need to tell us a bit more - what benefits does he receive, for example?

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He does not have to repay mortgage interest payments to the DWP, no.

 

If his equity is more than £16,000, it may affect any means-tested benefits he receives, although this is a complex area of the law.

 

On edit: I'm working here on the assumption that he's receiving Income Support, IB or ESA on the basis of inability to work, and that's why he's had MI payments made to his lender on his behalf. If this isn't the situation, you'd need to tell us a bit more - what benefits does he receive, for example?

 

Thank you for replying so quickly to my thread.

 

My brother receives DLA. IB and income support. We sadly lost our mother earlier this year and she willed the house between her 4 children with the proviso that my brother could live there for as long as he wished, this is why he has has sold his house. After costs etc the equity from sale should be approx. £25,000. When the house was put on the market we enquired of DWP if anything had to be paid back but they would not commit to a % of pay back but certainly gave the impression that they would expect to be paid some of the equity.Any light you can throw on this grey area would so greatly received.

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My brother will not buy another house but will live in the house which my mother has left to us. Any idea what DWP will do about this?

 

His DLA won't be affected. There's something about the money being ignored for x months if the intention is to buy another house.
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If he's not buying another house then the DWP will probably treat his equity as capital. This won't affect DLA, but it would affect any means-tested benefits such as IS. A person with more than £16,000 in capital is not entitled to these benefits.

 

The mortgage interest payments made to his lender count as part of his benefit from the DWP point of view - they're not relevant to the situation and the DWP can't ask him to repay them.

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If the house is aleady sold, your brother needs to make a call to his benefit centre state that he has sold the propety and has capital of 25k after the sale.. The claim will then be suspended, he can also do a change of address, he will then be asked to send in copies of completion statements to include bank statement showing the date the money sale of the house went into the account. The claim will then close from the date the 25k went into his account. If he has been paid past this point then they may be a small over payment of I.S.

If he is in receipt if IB the capital will not effect this money and he will still receive this benefit.. But if he was IB credts then his benefit will cease as he would have been on full I.S.

The mortgage interest will not be recovered. This is the policy now :)

If he doesnt inform the dept and they keep paying the mortgage, this sometimes happens then they will be an overpayment and this will be raised.

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Thank you so much for this information, I have trawled the internet looking for the answer. Is this based on DWP latest policy? I assume so.

 

The capital limits for means-tested benefits are set by Parliament, not the DWP. The fact that the interest payments are not recoverable I'm less sure about - I mean, I know it's the case but I couldn't tell you if that's law or policy.

 

If you want to independently verify advice you get here (a wise idea - we do our best but we are fallible :wink: ) then a lot of the guidance to processors is available by searching the DWP website. Hint for this is to use google rather than the site's own search function. Go to the google homepage as type something like "site:dwp.gov.uk income support capital decision makers guide" (without quotes) and see how it goes. Searching the DWP site is annoying, but very often the information is there - buried under a ton of stuff you don't care about.

 

Edit: most other search engines offer a similar function if Google is not your preference.

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