Jump to content


  • Tweets

  • Posts

    • ps i doubt the PCN says macdonalds?? MET dont operate a reverse trespass car park for mc'd's parkers going to starbucks...(occupants left vehicle claim) they only do that for the starbucks part  i bet you parked in the starbuck side and walked to MCd's? dx    
    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

COMMUNITY CARE GRANT Desperate Help Needed, Direction 7


lou_89
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4285 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

 

Please, if anyone can advise on this..? I really need some expert help, or if anyone has been in this situation before?

 

It's a really lengthy post, sorry, but everything is a complicated mess, and I wanted to give all the information.

 

I applied for a CCG on 12th July 2012 to help with costs for furnishing my flat, and with the help of Stockport Resettlement service and a floating support service. The CCG was refused outright, 14 items were declined for the following reason: 'we cannot consider an application for anything you have applied for within the last 26 weeks, if there has been no change in your circumstances.'

 

There were also 3 items that were declined for a different reason: 'After looking at your application and personal circumstances, we have decided that your need for what you have asked for does not have high enough priority.'

 

This was a massive shock, I knew nothing of a 26 weeks rule and neither had I been warned of any such issue by the Resettlement or floating support workers.

 

Previously, I had applied for a CCG that was declined on 18 November 2011, so in fact 26 weeks had passed, but when I called the DWP I was told this was a mistake on the letter and it should have read '52 weeks', as this was the new rule and the reason I was not eligible to apply.

 

This previous application in November was done by a different floating support service, NACRO, on my behalf, and was declined because: 'We can pay CCG to help people in certain circumstances... After looking at your application and personal circumstances, we have decided that the qualifying conditions for the payment of a CCG are not satisfied.'

 

I ought to have met the criterion 'to set up home in the community as part of a planned resettlement programme following a period when a person has had no permanent home.' So I thought there must have been a mistake with the application, but I had not seen what was written in it.

 

Currently, I have assistance on this problem from Resettlement, the new floating support service, and the Citizen's Advice Bureau, but in desperation I am turning to the Internet for help as nobody I have spoken so far has ever encountered this situation before, they did not know about the 52 weeks rule, what it is, or what to do about it. The only thing I am told is to 'appeal it', but I can see that simply reiterating my need for the grant would get me nowhere in this particular situation.

 

After doing a lot of researching online I discovered something called 'Direction 7':

 

"A decision maker shall not determine any other crisis loan application, or a grant application, made within 12 months of a previous application by the same person for the same expenses for which a payment has already been awarded or refused unless there has been a relevant change of circumstances."

 

And also:

 

"Changes in circumstances.

If the application is for the same item, then direction 7 will not apply if there has been a relevant change in circumstances. Relevant changes may include:

 

- a change in the applicant’s personal circumstances, or those of his family.

 

Not all changes will be relevant, but any change that impacts either on the nature or urgency of the need, or on the reasons for an earlier application being refused, will be relevant. This will be the case however minor the impact and whether advantageous or disadvantageous. It is important to identify any changes in the applicant’s circumstances that are relevant to his need for an item for which he has made a previous application."

 

As far as I can see, my options include 2 possibilities:

 

1) Appeal the decision on the first application made in November, my reason for the lateness being my state of mind, mental health and lack of outside support over the past few months.

2) Claim a change in circumstances has occurred.

 

I have a couple of questions I can't find the answers to:

 

1) Can I appeal a decision for a previous application after already having submitted a second, fresh application?

2) In order to count, the change would have to be something substantial? Or could it be fairly minor? What kind of change in circumstances would they accept?

 

Unfortunately the reason I need the grant is because nothing has changed and I am in the exact same situation as when I first moved in here!

 

And I already know about the usual sources (Gumtree, Freecycle, Freegle, Greencycle, eBay, local furniture charity), they are not much help as even for free items I am struggling to afford the transport costs, and to be honest I find if you can't pick-up immediately then Freecycle is useless as they always seem to give it to the 'first come first served'.

 

For a change in circumstances the only things I can think of are a decline in my state of mental health which I have evidence for, including a psychiatric referral, or a withdrawal of support that I have been relying on.

 

The latter involves a partner who has been able to provide both emotional and practical support during the past few months, but the relationship ended a few weeks ago. I have had to return some items that I borrowed to help me get by, such as plates, cutlery, a microwave, and folding camp bed. The bed I have not returned yet, I am delaying as I have nothing else to sleep on.

 

Would this count as a change in circumstances? Or not, seeing as how technically it just puts me back to the circumstances under which I made the first application in November.

 

Please, any advice on how to proceed would be gratefully appreciated, I am at my wits end with this whole thing.

 

Many thanks,

 

Louisa

Edited by lou_89
Link to post
Share on other sites

Local charities around here deliver and install furniture, have you tried local churches? Large churches that are active in their community will often help and are well worth a try or they may know of a charity that does such things and sign post to you.

Link to post
Share on other sites

Yes I know, thanks. I was waiting on the grant so I could go to a local furniture charity, as they still charge. Also, there is a long waiting list for white goods, and without a medical need I have no chance of obtaining a fridge from them. I regularly check websites for cheap or free items, but a community care grant would be the greatest help to me so I would really like to pursue it. Thanks, Louisa.

Link to post
Share on other sites

A CGG is given when a person, in certain circumstances need support. You can ask for the decision to be reviewed based on the fact you are now without a partner. Unless things have seriously changed in the last few months, if a separation occurs then a CGG can be paid (as long as you meet the other criteria of benefits etc).

 

I would ask for a review. Make an appointment with your local CAB or Benefits advisor at your local council. If you fall under the mental health team, they can help you access this service.

 

Link to post
Share on other sites

Thanks for the response.

Unless things have seriously changed in the last few months, if a separation occurs then a CGG can be paid

My problem is that nothing has changed, because I still have not managed to obtain any of the items I need from any other source. I have no sofa, bed, cooker, fridge, carpets, wardrobe… I am still living on/out of boxes. My partner was not living with me, and I'd think 'separation' to mean two people who have been living together?

Link to post
Share on other sites

Ah ok. I assumed the partnership involved you living together. I think you should still get an appointment with benefits advisor either at local council or CAB. They have the most up to date information, and will check to see if the 'new' 52 week rule was in place when you applied. I don't think the fact nothing has changed (I.e you still do not have the items) should be held against you. If you had received money for the item in the previous 52 week period, then you would not be able to claim for it again.

 

I'm sure someone will come along and point you in the right direction if I am off the mark, but I guess the best advice is speak to CAB.

 

Link to post
Share on other sites

No, your not allowed to apply again if you've applied before and been turned down unless the circumstances have changed. Lou if it's any consolation, I left the FMH due to DV and moved into an empty flat and had nothing at all but one bag of clothes. I also applied for a grant and got the letter saying my need to was not high enough priority. I managed without things other people would consider essential for months/years, a friend gave me a sofa that had been in her shed for years to start with and I bought a fridge on credit otherwise did without. Goodness knows what you can get these grants for if the fact you have nothing is not high enough priority, possibly they only prioritise 'rent in advance' or 'deposits' so as to get roofs over heads and things in houses isn't their current priority need but one would think if they told people it would save a lot of time applying! I never bothered to ask for reasons or thought about appealing, I was shocked at the time as I was in an empty property with a child but hey ho, I coped - almost 5 years on and I now have furniture including beds.

Link to post
Share on other sites

You cannot claim rent in advance on CCG that has to be via Budgeting Loan, they are very strict about that apparently and I think the same applies to deposits.......

 

I would ask abc123def if they appealed the decision not to award any grant? I know from when I spoke to them they had completely missed one point in my explanation of the situation...one I was sure I had stated many times in the information.....then again they seem to have really strict criteria and it is not clear to us lay people what they will or will not consider....

 

As it stands I have been told to reapply when I have an actual moving date as it is not urgent enough until then...I will be formally separating and that may be successful but it is a risk...i.e until I am actually moving and cannot change my mind about doing so...(beggars belief really as then I am expected to be moving without knowing what help if any I may get).

 

I know of one friend of mine who has been able to get several CCG for different things because she has had children back from care....so at least I know they do part with money sometimes....just wish we could find the magic words...:sad:

Edited by Slatted
Link to post
Share on other sites

Yes no idea what I said wrong, a support worker completed mine for me and she has had success with other clients. I just suppose an empty house was not their priority. I was a student at the time so living on student finance rather than a means tested benefit but was getting CTC and HB and CTB whether that was part of the decision or not I have no idea. I didn't have the strength in me to fight it or even ask for an explanation as I was fighting off depression, a fight I eventually lost. Not surprising really having left a 19 year abusive relationship, moving 3 times in 2 years through no fault of my own 2 of those times being accepted as homeless, trying to support my children through all their difficulties and trying to complete a degree. Little help from the Government though!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...