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    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
    • Steam is still needed in many industries, but much of it is still made with fossil fuels.View the full article
    • Less than 1% of Japan's top companies are led by women despite years of efforts to address the issue.View the full article
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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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