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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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Savings have gone over £6000


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Hi

I am on ESA and PIP. My savings have just gone over the £6000 threshold in the last couple of months.

Is it best to phone DWP or should I write to them please?

This is causing me great anxiety as I feel like I have done something wrong. I am very thrifty so hardly spend any money preferring to save it as it makes me feel safe to know it is in the bank. I am a very insecure person with lots of struggles with mental health searching for some sort of security.

Please advise-thank you.

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If you have saving over £6,000 then the amount that you get starts to go down until you reach £16,000 whereby you will not receive any benefit.

 

 

Your income and savings

 

Your income may affect your income-related or contribution-based ESA. Income can include:

 

you and your partner’s income

 

savings over £6,000

 

pension income

 

You won’t qualify for income-related ESA if you have savings over £16,000.

 

https://www.gov.uk/employment-support-allowance/eligibility

 

Andy

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Phone call will suffice.......but could you not spend and treat yourself.....new furniture or UHD TV ? :-)

We could do with some help from you.

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Phone call will suffice.......but could you not spend and treat yourself.....new furniture or UHD TV ? :-)

 

Thanks again.

 

I am concerned that at a later date they might ask why I spent it-dispersal of funds or something. Just don't know what is allowed and whats not.

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They have no control on your spending nor is it any of their business...as along as your below the threshold.

We could do with some help from you.

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PIP is given for you to spend on whatever will help YOU. You may need to replace your car so that you can get out and about, or spend money on taxi's. You may want to get some help in to clean your house for you or look after your garden. Have a new bathroom fitted to make your life easier. You may need to buy a new bed, TV, cooker, washing machine etc. I would take out £500 each time you are getting near the £6,000 so that you have cash available to be able to treat yourself whenever you want to.

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They have no control on your spending nor is it any of their business...as along as your below the threshold.

 

Kind of. I mean, obviously they can't stop you spending your own money as you see fit, but there is potentially an issue of Deprivation of Capital to consider. Basically, a claimant has deprived themselves of capital if they knowingly spend money on non-essential items with the intention of securing or increasing benefit entitlement. If the DWP decides that this applies, they will treat you as if you still have the money when working out your payments.

 

Each case is treated on its merits, so it's not possible to give a comprehensive list of what is or isn't acceptable. Generally speaking repairs or replacements for old cars, furniture or household repairs would be OK. Paying off overdue debt is also OK, but probably not paying debt off early.

 

Deprivation is a consideration for ESA only, PIP is not affected by capital at all. If the capital is a result of benefit payments being saved, it can be disregarded for 52 weeks.

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Deprivation is a consideration for ESA only, PIP is not affected by capital at all. If the capital is a result of benefit payments being saved, it can be disregarded for 52 weeks.

 

Thanks for the replies.

The money is from benefit payments being saved. Does that mean I can save it? Sorry a little confused what you mean.

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Going on the above that would depend if you have saved it from your ESA or your PIP......do you save separately:-)

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Yes, sorry - my last sentence wasn't very clear. They are two separate ideas.

 

PIP is not means tested and does not take capital into account. So you can have any amount of capital, from any source, and do whatever you want with it and your PIP payments will not be affected.

 

Now for ESA, that's where deprivation comes into play, assuming your ESA is Income Related. If the money you have saved is from benefits (of any type) then the DWP will ignore it for 52 weeks after it is paid to you. In other words, they won't start reducing your benefit payments based on it until you've had it for a year. Edit: This part is not correct: see my post below.

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Sorry, disregard that last part of my post. As far as I can see from the DMG it is only arrears of benefit that are disregarded. So if your savings have gone over £6000 you would need to declare this and deprivation could be an issue if you spend the money with the intention of getting yourself under the limit.

 

One other thing we need to be clear about: deprivation is not fraud or any other sort of crime. It's just something that affects entitlement.

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Sorry, disregard that last part of my post. As far as I can see from the DMG it is only arrears of benefit that are disregarded. So if your savings have gone over £6000 you would need to declare this and deprivation could be an issue if you spend the money with the intention of getting yourself under the limit.

 

One other thing we need to be clear about: deprivation is not fraud or any other sort of crime. It's just something that affects entitlement.

 

Oh ok thanks again.

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Yes, sorry about the mistake. You should tell them ASAP. If you're worried about it, bear in mind that the sooner they find out the better for you. You'll have less stress about the situation and any overpayment will be minimised.

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Thanks for the clarification antone

We could do with some help from you.

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how about some new shoes or a weekend away somewhere. All that is allowable. If your only income is benefits of one sort or anothe rthye ahve calculated what is the minimum you need to live on so stop scrimping and saving if that means going without what others would consider necessities. A nice hair cut once in a while or a meal out.

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Better to just spend some money.....stop saving and keep your head down :wink:

 

Far easier

We could do with some help from you.

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Why would you wish to keep savings in a bank account, as far as I'm concerned you'd be better off with it below your mattress as interest is miniscule on savings accounts.

 

Don't you worry about burglars?

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