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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Universal Credit 5 Week Months And HA Hassle.


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I have recently (well still in the process of assessment) had to go on Universal Credit due to moving into an area where they have rolled it out in the past two months. I was on Income related ESA in the support group and was told when reporting my change of address that I would have to claim the new benefit.

 

As mentioned I am still in the 4 weeks and 1 week assessment phase. The property I have moved into is incredibly small and it is affecting my condition due to feeling claustrophobic, consequently I am considering moving house again out of the area to another region where UC isn’t even running yet.

 

Can anyone advise as to what happens if on UC and you wish to move please!. Even though I have only lived there 4 weeks my HA will require a months notice but the prospective HA will require rent payment at sign up. There is no mention of a benefit overlap of 4 weeks anywhere on UC (unlike the old Housing benefit system which had this four week overlap provision, were in effect both councils pay rent for up to a month). Can anyone advise on this housing issue please?.

 

As a side note, I had a similar problem with the currently flat, I signed for it an the 10th July and obviously couldn’t move on viewing it, I moved in on 24th July and immediately claimed UC (no other option) the UC said they wouldn’t be paying rent from the sign up date only from UC claim commencement date. No mention of a benefit overlap what so ever, has anyone encountered this and got somewhere with them as I’m hitting brick walls

Edited by Andyorch
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Once on UC, you will stay on UC. Make sure UC knows you were in the ESA support group, so they add on the limited Capability for Work and Work Related Activity (LCWRA), which is same as support group,

 

Any housing will be paid to you within your UC statement, unless you have asked for the landlord company to be paid directly. If you have asked for landlord to be paid, I would cancel that, so you are in control of housing money.

 

There is no overlap protection under UC as you suggest was the case under council HB. There is a 2 week overlap protection provided by councils when you first move onto UC. UC is a monthly assessment benefit. So they will only ever pay out the housing noted at the end of an assessment period. They housing is not paid pro-rata, where you have a change of address and landlord half way through an assessment period. Up to you to control the housing money UC pay to you. Ask for advance from UC, if you need more money to cover any costs associated with moving.

 

Register the change of address and housing rent change on your UC online claim when it happens. Your current Job Centre Work Coach and Case Manager will still deal with your UC claim. Once UC add on your LCWRA award, you won't need to see a Job Centre anyway, unless you needed to supply any documents for verification at any point. So it makes no odds if you are moving to a non UC area. By the end of 2018, the whole of the country will be UC full service.

Edited by Andyorch
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  • 2 weeks later...

Apolgies in advance as I’m a little shaky and upset due to what is turning out to be a complete shambles with UC.

 

I was on ESA which was paid in arrears up till the 25th July 2018, I went in to report a change of circumstances on that date as you have to. My ESA was paid in arrears of two weeks and was released to my bank on the day before my UC claim began and was available on the day after being Thursday 26th July 2018

.

I have just got my first UC statement and it says that I have had over £400 in ESA within the claim period ( worked on by multiplying your weekly payment by weeks and dividing it or something ). Due to receiving my ESA arrears payment they have removed it from my monthly allowance!!. And given me £400 plus less this month. I have now got less than £100 to live on for a month and I’ve been waiting for 5 weeks with no money as it is.

 

The ESA went in the day after I claimed UC but the ESA payment was something I was entitled to up till the date of UC first claim. I am really upset about this. Due to my ESA payment going in my bank the day after I claimed UC they have taken that into account

 

To break it down

 

UC began 25/07/2018

ESA payment in arrears was up till 25/07/2018

As payment went into my bank on 26/07/2018 they have worked out how much I potentially would have got and have took that off my benefit for this month even though I ain’t getting it.

 

UC said I need to go to my Member of Parliament if I am unhappy, how can they take into account a benefit that ended the day I started claiming UC I have t had any payments of ESA since and won’t do?.

 

My assessment period was 26 July to 25 August and I wasn’t receiving any ESA during that period as it ended , only an arrears payment that was paid into my bank on 26th July

 

Regarding the ESA payment my ESA claim stopped the day I claimed UC so they told me that day, it says in my UC breakdown that I have continued to claim ESA ( I haven’t ) it says in black and white but I haven’t claimed anything at all they work it or by multiplying what you get a week by 52 then diving it by 12 to fall in line with UC they have taken over £400 out of my assessment period for ESA which I haven’t got ?.

Edited by dx100uk
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UC should only take into account the ESA actually due during the period UC is running.

So if ESA made a late payment related to a period before UC started, then UC should ignore it.

 

Suggest you phone UC and raise a mandatory reconsideration against the UC statement issues showing this ESA deduction.

The mandatory reconsideration can then be sent to a decision maker.

 

Or go to Gov.uk and raise a complaint, which might gain you a quicker response.

Edited by dx100uk
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We could do with some help from you.

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Can anyone answer this please?, I am on UC and wish to move house but have to provide 4 weeks notice to my HA, is there anything that is in provision to help with paying rent at two properties if you move house before your 4 weeks notice

Is up. I cannot find anything online at all about this and if there is any overlap rent provision in the UC framework.

 

Thanks

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  • 1 month later...

Can anyone advise about moving house half way through the assessment period please?, how does this work?.

UC have been paying the HA my rent segment direct but they are behind by Approx 7 weeks rent payments.

This system seems crazy to me, they said I was entitled to Rent from the 23/7//2018 but the first payment of rent only was paid to the HA on 14th September 2018?.

At that time they were still significantly in arrears with the account.

If you move house in the middle of a UC assessment phase will they pay the rent for example as follows

 

Week one and two of assessment phase at property 1 - rent element £100 per week

Week three and four of assessment phase at property 2 - rent element claimed £150 per week total rent for that month £500?.

 

Would the above example be paid at the end of the assessment period?.

I don’t understand how they work it out they are so far behind with my rent !.

Any help please

 

How do you manage to give 4 weeks notice nowerdays if they only pay for one place at a time , it seems impossible move to house under this system, housing association ain’t prepared to wait 4 weeks until you can get payment via UC this system is an absolute disaster ?.

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UC is based around monthly assessment periods. The only housing paid is that which has been verified and is on the claim at the end of an assessment period. If you move house half way through an assessment period, the old landlord will not be paid housing amount for that assessment period. UC will only pay 2 lots of housing in exceptional curcumstances and the reasons you provide are not an exception. You could phone UC and seek their guidance about this, but I don't think you would qualify for 2 house rents being covered for a period.

 

In regard to housing paid directly to a social rented landlord e.g housing association, UC makes a bulk payment to the landlord usually once a month. So in your case the landlord is paid on the 14th of the month, related to 1 monthly assessment period.

 

Due to the way UC works, you are likely be in arrears, as it is not paid based on dates when you move in or out of a property. It is based on monthly assessment periods.

 

When you move to the new house, you are likely to still owe a debt to previous landlord for the reasons explained. Landlords know that UC works in this way, as DWP have fully explained this to them. I believe some landlords will write off such arrears in these situations, but this is only based on memory of reading/hearing about this, when landlords were complaining to DWP about the losses they would suffer.

 

People do move manage to move to new properties while still owing at a previous address. There are some very large social landlords that own rental properties throughout the country and people arrange to move, while remaining with the same landlord company.

Edited by dx100uk
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We could do with some help from you.

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Thanks for the reply but I can’t understand how they work out the payment?.

 

In weeks one and two of this assessment period I was living at the address as they have paid for the previous two months I tell them I’ve moved so they have full knowledge of these facts why can’t they just pay the amount required, if you don’t live at address B for the full month and spend half of it at address A are you saying they will pay the full assessment period at the address B level and totally disregard the fact you lived at address A please?.

 

What is your advice please with regard to any future potential change of address Is it best to plan to move the first day after the new assessment phase commences?.

 

If you move on day 1 of assessment phase is it better than moving on day 29 please due to them only taking into account the address Stated in Change of Circumstance?.

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It is the housing verified at end of assessment period that would be shown on the statement issued.

If this rent was higher or lower than previous address, then the relevant new housing rate would apply to the whole month.

 

If you want a smoother changeover, the move home on or very close to the start of an assessment period.

Edited by dx100uk
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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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  • 1 month later...

I am on UC and live in a Housing Association property and I am getting a bit down due to the rent situation that UC creates.

 

Firstly, I obviously had to give notice on my previous residence and as it was more than half a way through the month UC paid my rent at the current (less per week amount) also due to the way they pay Housing Associations (different than UC) there were two weeks rent still owed at the end of my of my previous Tenancy.

 

UC said they would be paying no more to that HA, and said apply for a discretionary housing payment which after applying for one was refused as I had already signed for my current Tenancy!.

 

As it stands today I owe £200 to the previous HA which should have been paid by UC but wasn’t. The previous HA ain’t bothered where the money comes from and basically says you rented it you owe it!.

 

My current landlord (the HA) expected me to sign up on viewing it (as there were a few competing prospective tenants), so I had to pay the rental overlap period myself out of my UC which is supposed to feed me and keep me warm etc. They have told me that I should aim to keep my rent one week in front by paying something myself every week to make the account look better in their eyes December being a 5 week month will leave the account in more arrears at the end of the month due to UC only paying a set monthly rate divided into 12.

 

I am finding this stressful really as I have applied for 2 DHPs (one with my old council and one with the new council) and both have been denied.

 

It really is a hassle this any advice please?.

Edited by Andyorch
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threads merged again

please keep to one thread for all your UC issues...

or people lose the history of advice on the same questions already answered by previous members.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sounds like you are really struggling with Universal Credit and need to request help. Citizens Advice have been tasked by Government to offer help where required and they can raise a complaint if necessary.

 

If you moved part way through an assessment period, your new housing was verified, then on your next payment due date, the housing will be for the new address. UC will not pay any pro-rata amount for the old address.

 

If you owe money on the old address, it is up to you to negotiate repayment based on what you can afford. UC will not get involved with any debt owed.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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