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Popular Content

Showing content with the highest reputation on 15/03/10 in all areas

  1. 1 point
    I process ESA for a living. Don't close your claim. A sanction is a reduction in benefit, but the benefit won't be stopped completely and it won't affect your housing or council tax benefits. Basically, you get £25.50 extra for being in the WRAG, and this money will be reduced by half at first, and then by 100%. So you would still get ESA, but at the assessment phase rate. The sanction would be removed if/when you attend the interview.
  2. 1 point
    Send them this; Dear I Do Not Acknowledge Any Debt to Your Company I am writing in reference to your letter dated xx/xx/xxxx I would ask that no further contact be made concerning this matter unless you can provide evidence as to my liability for the alleged debt in question. If you are unable to provide evidence as to my liability I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I have duly noted your intention to authorise a collector to visit my home. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an injunction. I look forward to your reply. Yours Faithfully Print name do not sign
  3. 1 point
    "From: My Name My Address To: Acme Bailiff Co Bailiff House Ref: Account No: 123456 Dear Sir With reference to the above account. Can you please provide me with a breakdown of the charges including Computer Screenshot. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. I also require the name of the attending Bailiff and the name of the Court he was Certificated at. You are obliged to provide this information. I require this information within 14 days. Yours faithfully Ripped off customer" Adapt for your own needs, send by email & letter. PT
  4. 1 point
    Hi burmafriday, If your Aunt lives with you [or vice versa] then she would clearly be vulnerable and the bailiff would know this. Do let me know a little more detail of what you can't post in case it is usefull, but PM me if it's something you really don't want aired here. You need to email the bailiff regarding all of this, hardcopy by signed for. Copy to the Head of Revenues at the council by signed for. If you need a template I am quite happy to do one for you. I'll be around later on tonight. Best wishes. Rae.
  5. 1 point
    OK, so in reality you've not paid anything back yet. By returning the cheque you've just made the potential overpayment smaller than it would have been if you'd cashed it. I'm presuming HB are asking for wage slips in order to work out your current entitlement to HB probably not the overpayment. (I've never worked for HB though so this might not be correct) The 2 fraud sections would normally want the benefit decision & overpayment working out after the IUC. At the IUC unless you have a solicitor with you, you will be drip fed the evidence. If you have a solicitor they can ask for disclosure prior to the interview. This enables them to give you advice. However in a working case the evidence should, be details of the period of employment, hours/days worked & you're earnings. They may also have signed statements from your employer. If you still have a copy of the email you sent, take it with you. The investigators may not know about it yet. You've already admitted you are in the wrong & without wanting to sound harsh your reasons are pretty irrelevant as far as the investigators are concerned. They may well have sympathy for you but their job is to get all the evidence in place so that a decision can be made on your benefit, & where full time work is involved the decision is pretty much cut & dry. There is no grey area & a sob story is not going alter the benefit decision or the amount of overpayment. If the combined overpayment is worked out at over £2000 (you should be calculate a rough figure of what it is likely to be) then the case would normally be sent to the department solicitors to consider prosecution. This is when your reasons become more relevant. If they decide a prosecution is in the departments interest then it would be up to the courts to decide. The whole investigation from start to finish takes months to be sorted, I hope this didn't sound too nasty or harsh. I am not judging you, I just don't want to sugar coat it. If you think a prosecution is possible then you may want to contact a solicitor prior to the IUC. All the above is what I would expect to happen. Different area's may do things slightly differently. Also I'm presuming you live in England/Wales. Scotland have their own prosecution laws.
  6. 1 point
    I did consider using the 'Burtons Window' line, but thought it might be a step too far lol. Thanks for all your help DD, on many other threads too where i've been looking for answers. M
  7. 1 point
  8. 1 point
    Ok Chiddock , I was mistaken , in that the period IS 12 working days +2 ... sorry about that....... but it'll be up today now , by my calculations , so send them something like this : CCA Call-up letter Reference ....... (your letter of xx xxx xx) I am disappointed that you have failed to respond to my request for a copy of my Loan agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79). A copy of this letter is attached for your convenience. I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act. I understand a copy of our credit agreement should be supplied within 12 working days. I am sure you also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Failure to respond positively will be reported to the Financial Ombudsman Service and the Information Commissioner’s Office . Yours faithfully You could add : "PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) "
  9. 1 point
    Yes, that is exactly what I mean - they just added £700 on to it. Nothing can be added unless it is stipulated in the agreement or ordered by a court.
  10. 1 point
    As I see it the answer to the first question is no. I also assume that you don't have limited Company status, therefore as a sole trader or partnership your house would be seen as an asset in the event of bankuptcy. I am Scottish based and not fully conversant with IVA's, but I understand that they are similar to Scotish Trust Deeds. However, I seriously doubt whether HMRC would agree to such a step. Nevertheless, in any event the house once again would be viewed as an asset, Perhaps someone with more knowledge of IVA's could confirm or correct.
  11. 1 point
    Kentish Lass is correct. Presuming you have a joint tenancy, any of you can give notice - so when you leave, your co-tenants tenancy ends too. If they want, they can enter into a new agreement with the landlord - their choice. As your tenancy ends, the property should be checked and then the deposit refunded to whoever paid it (called the 'Lead Tenant'). It is up to him/her to distribute it to whoever paid him/her, but it sounds like you may have difficulty getting the money. You could threaten court, if you have a receipt or proof of how much you originally paid - but that would have to be against the LT, not the landlord. The two remaining tenants would probably have to give a new deposit to the landlord - another reason why they may not be keen on refunding you. You do not give the actual dates of the original tenancy - but as KL says, you are liable for rent until the same day of the month as the original tenancy ended, giving at least one calendar months notice.
  12. 1 point
    The fixed term of your original AST had expired which means your tenancy is now a statutory periodic tenancy. The notice provisions under a spt state that you must give one month's notice to end on the last day of a rental period. (e.g. if the last date of your AST was 31 January, and your notice should also end on the last day of the month. You did not give the full month's notice. You are liable for the rent up to the end of the correct notice period. Your original tenancy probably stated that you were individually and severally liable, which means the rent is the rent and if one person leaves, the rest have to make it up or find another person to replace you. Normally, a new agreement would then be signed with the new person named on it. There is a body of opinion which says that if one signatory leaves, then "everyone" has ended the agreement and a new one should be signed. The business of references is a difficult one. You may have to explain that your previous landlord is being difficult - but then you have not actually given the legally correct notice so LL is entitled to be a bit peeved! Whether your fellow tenants say they will or won't pay the rent is irrelevant - they have to or they will be evicted anyway.
  13. 1 point
    IMHO, reallymadwoman's approach appears to be the more sensible. A bit of information re Blair Oliver. They are "inhouse" agents for Halifax /Bank of Scotland. If you write to them, they will just pass it over to Halifax who may reply or instruct Blair Oliver to reply on their behalf. A very short letter, if you must along the lines of. Remember, the more you write and get involved the larger any file will be if you do have to prepare a bundle for court. Least said... soonest mended. It is irrelevant that you have just sent off the request for the CCA.. the account is in dispute until such times as they provide it. The less information you give Blair Oliver, the less trouble you can get into.
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