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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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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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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Suspension of housing benefit


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Wondered if anyone knows, are we as claimants entitled to know why housing benefit has been suspsended? And should we even be told they have been suspended?

I still keep wondering why last june my housing benefit was suspended, & I wasn't told. It was the arrears letter from the housing assosiation that alerted me to the fact it hadn't been paid, 2 weeks worth of rent.

Rang the council & the lady said it's ok, we thought there had been an over payment, but there isn't. I tried finding out more but she wasn't having any of it. She just said the housing assosiation will be paid.

I got another letter from housing assosiation saying the arrears were now even more, was about 5 weeks worth of rent by this time!

Rang council again & they said dont worry it'll be paid to them.

It was.

What I want to know is, shouldn't I have been notified my benefit had been suspended? And when I asked about it, shouldn't I have been told the details?

I asked the compliance officer about that when she came here last month & she said it's usually because too much was paid to the landlord, but that cant be right if it was them that wrote to me saying I was in arrears!

It's all weird. And has me thinking my recent over payment may have been sorted last june & cost me less if they had only been honest about stopping the benefit & why?

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Section C8.29 of the DWP guidance manual states that

 

"If the DM (decision-maker) decides to suspend HB, the claimant should be informed in writing. The letter should state the date of and the reason for the suspension, together with what, if anything the claimant needs to do to resolve the situation."

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When my ESA got stopped due to scoring 0 points (which has since been overturned and i was in the support group) my housing benefit also stopped, and I was not informed until my council sent me a letter asking me where my rent was. The housing benefit people, or DWP did not inform me of either stoppages, and I only found out about ESA when i had no money in my account, and housing benefit, when i had a letter after 3 weeks from the council. So yes, they should inform you, but quite often, they do not. The council then wanted me to pay rent myself until it was sorted out, when at that time, I had no income whatsoever.

From what I gathered, housing benefit is paid on a monthly basis, therefore takes longer to resolve, so yes they should inform people.

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Section C8.29 of the DWP guidance manual states that

 

"If the DM (decision-maker) decides to suspend HB, the claimant should be informed in writing. The letter should state the date of and the reason for the suspension, together with what, if anything the claimant needs to do to resolve the situation."

 

Cheers hun. Does that apply to Local authorities too though?

And is there any reason I wouldn't have been told at the time?

Also do you know if there is any law that states claimants should have benefit reviews at certain times? It was over 2 years ago I started working part time & came off income supoort & put in a new claim for housing benefit & the compliance officer only came out to do a review last month.

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Suspension of HB/CTB claims

the quote i gave is the DWP guidance to Local Authorities who administer HB/CTB

 

the most common reasons for suspending HB/CTB is where a benefit recipient has failed to provide evidence, or information has been received which indicates that benefit is being overpaid or needs to be amended

 

in either instance the guidance is for the Local Authority to notify the suspension, not sure of why you were not notified

 

 

Review of HB/CTB claims

there is no law about how often a review of housing benefit is carried out

 

once housing benefit is awarded, it is the duty of the benefit recipient to notify changes in circumstances, the local authority does not have a duty to carry out reviews, although it is good practice to carry out focussed reviews, e.g. if there has been no changes in earnings/tax credits/pensions for a considerable period of time

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Thanks folks.

So they should notify people, but quite often dont.

Great. The lunatics have taken over the asylem. The amount of their rules we have to go along with & yet they dont even follow theirs.

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