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    • Hi I was being supplied my ovo after unknowingly being swapped from SSE.  My issues began when we had a smart meter fitted and our bills almost doubled overnight - we at the time assumed we were just paying not enough until then and just continued to pay the excess bills each. Month.    I would from time to time contact ovo and get faced with a call centre on South Africa of the most rude agents who would just hang up after hours of wait and I could not even get an acknowledgement of an issue with my meter.  At one point we were not in the property for like 4 months and the bills were coming just as high!  It was at this point I was sure something is not right and ovo only care to send bailiffs and started threatening us with a pay as you go meter despite me taking out a 3.5k loan to pay of my outstanding balance.  Around 1600 each on both gas and electricity.  This is where its gets really bad -  the very same day they sent me out a new bill saying the money paid already was only to cover up until the November previous and because its now Feb we owe another 1k.   By that August this had risen to over 3k and I still couldn't get anyone to even acknowledge a fault let alone fix it.    In despair I tried to swap suppliers and to my surprise octopus accepted us because even tho the debt is owed we are trying deal with.  During our time with them the bill was coming only on my wife's name as I was responsible for other bills and she this one - now that we owe them 3k they have magically started adding my name as well as my wife's to the same debt to apply double pressure and its showing on my experiwn report now with a question mark and 2700 showing in grey -  This was my wife's debt which we dispute we owe yet the have now sent me letter with both our names on from oriel and past due credit debt agencies - is this illegal and how can I get them to take my. Name of this and leave on wife's name as its so unfair they give us a both a defualt for wife's debt which we dispute anyway.    In the end about 3 weeks ago I wrote an email to their ceo and rishi sunak and low and behold for the first time in our history with ovo someone who spoke English contacted us and said she will look into our claim.    I explained to her that we feel our meter is faulty and despite me contacting them using WhatsApp email and phone I still have not got anyone to acknowledge a fault even. And that I dispute I Owe anything as my son was in hospital for 3 months and we stayed with him so house was empty and still. They were sending us super sized bills more than when we started at home.  She promised to investigate and a few days later replied that she is sorry for the poor customer service and offered us £50 compensation - however she also. Mentioned that she's attached statements for us confirming the payment for 3k I made was only up until Nov and in Feb despite me pay 3.5k nearly it's correct for them to bill. Me. Another £900 the very same day and she did not agree our meter was faulty and therfore the debt stands and she will not be calling it bcak from past due credit.  During my time with my new supplier post ovo, octopus I requested tehy check my. Meters because I felt they were faulty and over charging me and I got excellent response asking me for further details which I supplied and I got a. Response bcak within days to say my meter was indeed faulty and octopus have now remotely repaired it.   I then contacted the energy ombudsman and explained my situation how she at ovo tried to fob me off and demand I apy money we don't feel we owe due to faulty equipment we reported but ovo had to process or mechanism to deal with it or lodge complaint even without having to cc their ceo and our pm. And now I feel sick to think both husband and wife will get a 6  year default for debt which have a validity of a questionable nature.    I explained all this to the energy ombudsman and they accepted my case and I explained to them that my new supplier found my fault which ovo refueed to accept - I've uploaded the email from new supplier to ombudsman showing we had a fault.    My. Question is is there anything I can upload in defence of my case to ombudsman before they decide outcome ina few weeks    All advice greatly appreciated not only would I like advice on how to clear this debt but also how I can pursue ovo for compensation and deterrence for the future.  Thansk 
    • Thanks for the reply dubai 50 - if the statute is 10 years it has long passed - if it is 15 years i havea few months left. i shall ignore until it gets serious  An update - - I sent the letter to the bank in Dubai ( I did get delivery confirmation from Royal Mail)   - I have moved to a new address ( this is the address i gave to the bank in dubai)  - IDR are continuing to send Letters to the old address, which leads me to believe they are not in contact with the bank at all. - i have not replied to any correspondence digital or hard as they are non threatening ( as of yet).        
    • Your topic title was altered last June 23 by the owner of this forum in the interests of the forum Anyway well done on your result and concluding your topic, title updated.   Andy   .
    • So what    Why ? Consent Order/ Confidentiality ? This would be be invaluable to followers of your topic.  
    • Even on their map on their website, these parking rules encompass the whole pleasure park - there is no dedicated area for permits and another for free parking as stated. royal leisure park praking area map.pdf
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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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How to… make an appeal against Bedroom Tax


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Valuation Office Agency – Rent Officers Handbook

 

(Note: This is used throughout the UK not just England and Wales)

 

Rent officers Handbook – ROOMS

http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/Other/Procedures/r-roh-rooms.html

 

Rent Officers Handbook – SIZE CRITERIA

http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/HousingBenefitReferral/Determination/s-roh-size-criteria.html

Court of Appeal Decision England and Wales – Burnip vs Birmingham City Council

http://www.bailii.org/ew/cases/EWCA/Civ/2012/629.html

 

Public Sector Equality Duty

Government

https://www.gov.uk/equality-act-2010-guidance#public-sector-equality-duty

 

http://odi.dwp.gov.uk/disabled-people-and-legislation/disability-equality-duty-and-impact-assessments.php

 

Equality and Human Rights Commission

http://www.equalityhumanrights.com/news/2013/january/commission-publishes-guidance-on-the-public-sector-equality-duty/

Equality Act 2010

 

http://www.legislation.gov.uk/ukpga/2010/15/contents

 

https://www.gov.uk/equality-act-2010-guidance

 

The United Nations Convention on the Rights of Persons with Disabilities

 

http://odi.dwp.gov.uk/disabled-people-and-legislation/un-convention-on-the-rights-of-disabled-people.php

 

European Convention on Human Rights –Specifically Article 8 and Article 14

(Note –You need to download the booklet containing the Articles is in PDF Format)

 

http://www.echr.coe.int/ECHR/EN/Header/Basic+Texts/The+Convention+and+additional+protocols/The+European+Convention+on+Human+Rights/

 

Department for Work and Pensions

(Note –The following Link contains sources for, HB/CTB Guidance Manual, HB/CTBOverpayments Guide, Debt Management Offices by Postcode, Discretionary HousingPayments, ESA Operational Guide, Local Housing Allowance Guidance Manual).

 

http://www.dwp.gov.uk/local-authority-staff/housing-benefit/claims-processing/operational-manuals/

 

Inside Housing – Knowsley HousingTrust Reclassifies Properties Article

 

http://www.insidehousing.co.uk/tenancies/tenants-avoid-bedroom-tax-after-knowsley-reclassifies-homes/6525752.article

 

National Housing Federation Article –Bedroom Tax Some Home Truths

http://www.housing.org.uk/media/news/bedroom_tax_home_truths.aspx

 

National Housing Federation (NHF) –Bedroom Tax New Impact Assessment

 

http://www.housing.org.uk/policy/welfare_reform/welfare_reform_news/bedroom_tax_-_new_impact_asses.aspx

 

Scottish Federation of Housing Associations – What are the latest updates for March 2013 Article

 

http://www.sfha.co.uk/sfha/welfare-reform-latest-updates/what-are-the-latest-updates-for-march-2013/menu-id-326.html

 

Govan Law Centre Bedroom Tax Blog

 

http://govanlc.blogspot.co.uk/

 

 

 

Liberty – Promotes Human Rights Article on seeking a Judicial Review on Bedroom Tax

http://www.liberty-human-rights.org.uk/media/press/2013/liberty-bedroom-tax-breaches-right-to-family-life.php

 

Shelter

 

England Only

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/changes_to_local_housing_allowance/housing_benefit_changes_2013

 

Scotland Only

http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/housing_and_council_tax_benefit/changes_to_housing_benefit_for_council_and_housing_association_tenants

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 1 year later...

Bedroom Tax has been a hot topic of late, with many social renters struggling to cope with the charge. There might be a chink of light in all the gloom though, as a tribunal in Middlesbrough has decided a child of parents who are living apart is entitled to have their own bedroom in each of their parents’ homes, and that Bedroom Tax shouldn’t apply.

 

While the local authority felt that a single man, in a two-bed semi, was under-occupying his home, Judge Moss disagreed and said that his child was entitled to his own room “and consequently no deduction applies”, adding: “It’s now a normal part of society that children split their time between their parents.”

 

So how do you appeal the Bedroom Tax?

Well, if you think you have a genuine reason why you need a spare room, firstly, you need to see if you have a case. Coast & Country, say that some of the reasons you might convince a tribunal are:

 

- You need an extra bedroom due to overnight needs of a child with disabilities

- The need for separate bedrooms owing to adult disabilities

- Need for bedroom for student who is studying away from the home

- ‘Exceptional use’

- The room is too small to constitute a bedroom

- It is used as a bedroom

- Child access

- 12 month protection on death (joint tenant)

- 12 month protection on death (where a further change reduces the number of rooms needed)

 

One thing to do, is to look at some previous decisions (which you can do here). If you see that a previous case was rejected that is similar to your situation, remember that your circumstances could well be different, so it is still worth pursuing. Cases that involve children or people with disabilities certainly have a stronger chance of success.

 

You should absolutely write an appeal letter – you need to write to your Housing Benefits section and ask them to appeal your claim. Whether you’re looking after a disabled partner or child, a parent has passed away, you have a child studying away from home, your room is too small, or whatever it is, there’s some great template letters you can use to appeal.

 

To see some examples of template letters to appeal Bedroom Tax, click here. HousingSystems also have a load of good advice about housing benefit problem, and you can check them out, here.

http://www.bitterwallet.com/how-to-make-an-appeal-against-bedroom-tax/85552

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Also here is a useful toolkit to help you along to get you started please follow this link >>https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/challenging-a-bedroom-tax-decision

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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  • 7 months later...

mikeymack2002 has found this interesting item.

 

Neutral Citation Number: [2015] EWHC 890 (Admin)

 

https://tinyurl.com/z2nc5vq

It is an important ruling and shows incorrect assessment of DLA by a Local Authority (LA) and the dreaded 'Bedroom Tax'.

Case No: CO/16824/2013

 

 

This might be very useful.. Any comments will be welcome on the discussion thread linked below..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?459020-Incorrect-assessment-of-DLA-by-a-Local-Authority-and-the-dreaded-Bedroom-Tax-quot&p=4851545#post4851545

Edited by citizenB

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