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Everything posted by clarion48

  1. Yes, I am already aware of that anmarj! Not helpful lenny100!
  2. Thanks anmarj but I am not on IR(ESA) and never have been - I am on contribution based and as far as I am aware, any occupational pension you were on at conversion is disregarded so it should not have been included.
  3. Hi..... Towards the end of last year I was sent an ESA3 by the DWP with a letter explaining that I might be owed money from when I was transitioned from IB to ESA....they stated the dates from 2013. At the time I didn't respond because I thought I was exempt because of an occupational pension but the DWP telephoned me in the New Year - the lady said I should still apply as it wasn't necessarily the case that my pension would make me exempt. I filled out the form and sent it back. In the meantime, I read up on other cases and believe that my pension should not be counted as I was in receipt of it prior to conversion so it was disregarded. I receive some HB and on this form each year they state that I receive Enhanced Disability Premium - I do not and never have done to my knowledge. 18 weeks after submitting the ESa3 form I finally get a letter from the DWP telling me I am not entitled to the back dated monies - when I looked through the paperwork they sent I found that they have included my occupational pension as income that should be taken away from anything I am entitled to even though it should be disregarded and has always been disregarded. I then received a second letter which says I would have been entitled to a transitional addition since being moved from IB on the grounds of disability and they will credit my NI contributions - totally confused! It it says that I can apply for Mandatory Reconsideration - I am just outside the time frame for this but have been receiving treatment for cancer so I think I have extenuating circumstances. Would very much appreciate any advice on what to write please.
  4. Hi, She is appealing both.. ..it was for doing 36 in a 30 zone but as I said, her friend was driving not her. She has not pleaded guilty.. ..she sent an appeal because she had just given birth and was unwell so missed the original PCN.. ..it is now a year ago since the offence. The original hearing was adjourned until now because of her health ...from the court letter I am assuming she pleaded not guilty as it says hearing adjourned for trial to take place. Details of the case say she failed to give information relating to the identity of the driver, which is true but only because of her circumstances at the time. She cannot afford a lawyer... .she is on maternity leave so only receiving half her salary. I am going to court with her but trying to get some advice on how best to go about it.
  5. A query on behalf of a friend - she lent her car to someone who committed a traffic offence whilst driving it - she received the initial letter but had just had a baby and was unwell so didn't respond in time. The other driver later admitted the offence but they prosecuted my friend anyway because the information was not received in the time limit and took her license away as she was a relatively new driver. She drives for a living so she appealed. The hearing was adjourned and a new date set for this week - she is worried in case they do revoke her license as she will then lose her job. Any advice that could help would be gratefully received.
  6. Sorry for the delayed response....busy few days. No, it is not a private estate. The kerb was dropped by the council about a week ago so it is clearly not a requirement that the garden was ready for parking.. ..I have seen several houses in the road have dropped kerbs put in without the garden being ready for parking.. .the house opposite me has a dropped kerb but their garden is still not ready for parking two years later so do not think it is a requirement before you can get it done. I do know that you cannot park across a dropped kerb and do not intend to do that.. ..but the owner of a house can park across their own dropped kerb quite legally. I have decided to write to the council parking section and find out what the situation is....thanks for all the answers though.
  7. Can anyone shed light on the subject of a dropped kerb. New residents moved into the house across the road approx. two months ago...in super quick time they had a dropped kerb put in outside the front of the house....they cannot use their front garden as it is a "front garden" with shrubs and bushes etc. there is also a fence surrounding the garden so clearly not in use as parking space. Despite having the dropped kerb, blocking a space that until now was free to park on, they both continue to block our parking spaces with their van and car whilst their dropped kerb sits completely empty. I live in a block of twelve flats where nine have cars who now fight for five spaces while these selfish people effectively block three and half spaces. Is there anything we can do about it?
  8. Good afternoon, A query about where I stand and how I deal with this matter.... 8 months ago I purchased a Gigaset touchscreen phone costing £130 for our business. A few days ago it was absolutely fine.. ..returned to the office the next morning to find the touchscreen totally unresponsive. The clock and calendar are still functioning but the screen doesn't allow you to access anything so I can't even get to answer machine messages or see who called as I cannot access the call list either. I contacted Seimens/Gigaset and it took three days to get a reply.. ..they said there was nothing they could do as they do not make that model anymore. Also found from an internet search that a lot of people have had the same problem. ...some within just a few days of purchase. They have now told me that they could escalate my query to management to see if we can get a different phone as a replacement (but not a touchscreen), which will take around 7 days to get a reply....meanwhile we are stuck without a phone. Is there anything else I can do....the phone is still within the guarantee as it is less than a year old. Thanks
  9. Thanks for the replies... king12345 - he cannot get me to leave in order to rent privately.....it is council housing! stu007 - thanks.....that really helps. I did make a formal complaint some time ago and just a few weeks ago a woman in the office that deals with the councils legal told me she was going to investigate but I have heard no more from her since. I will now write a formal complaint to the Chief Executive and will ask for those policies. Will let you know once I have heard. mariner51 - having already been to court for an injunction for access, which was thrown out.... I know for a fact that they will go up that route so it is not helpful to say they will not. Also, I have not said a tank inspection is not required.. ..the legal requirement is once a year.. ..they have now been four times in the last year.. ..that is not necessary under any legislation as there are four flats with water tanks and I am the only one being harassed like this that makes it personal. The other three flats have annual visits, which I am perfectly willing to comply with.
  10. Good afternoon, Couldn't find an appropriate section that related to my post so here goes.... I live in social housing - same flat for thirty years. For the last five years I have been continually harassed by an employee of the landlord. He makes appointments for workmen to visit without telling me two years ago tried to take me to court for an injunction for access. The case was laughed out of court as he blatantly lied in a sworn affidavit - he then had the cheek to ask for costs, which the Judge rightly refused. Undeterred he has continued his onslaught - he sends engineers to do safety checks on the same things every few months. He lied about needing a new water tank - didn't realise I had recorded the engineer saying the water tank was in perfect order - then tried to get an injunction to bring the next water tank inspection forward by six months - I refused entry. He has now arranged another visit - engineer turned up at my door without an appointment today - I turned him away again as the inspection is not due until the end of October. Time has come now to take steps to stop this going on. I think I need to send a "Letter before Action" but not sure how to word it. Any advice - knowledge of tenancy law greatly appreciated - even if you just send me elsewhere. Thanks
  11. In September last year I was chased by a "white van man" through the Worcestershire countryside - a very angry man indeed! Several days later I received a Penalty Charge Notice for speeding - not caught by a camera but a van parked on the side of a road. I was fined £100 plus 3 points on my license. I tried to get some advice but then got a letter from the police to say that if I didn't acknowledge and pay the fine immediately I would be fined a further £1000 - I paid the fine and sent back the form with my driving license - I do not agree with having to pay the fine or receive the points as someone else's stupidity got me into this position. I have a totally clean license - never had a single point in 36 years of driving and only one parking ticket, which I successfully appealed. I then got a further letter from the police to say I had not yet sent my license. I emailed copies of everything I sent but they claim not to have received it. They told me I had to purchase a new license and then send that to them by the 2nd Feb - the new license arrived today - my question is - can I still appeal the points? Thanks for any help.
  12. Thanks for all the replies. Emmzzi......I appreciate people's help but I am not sure why your entire focus is on the charity aspect rather than the fact that I might lose my job and where I stand.....so I think I have answered as much as I can and do not see any further mileage in continually going backwards and forwards with this. I will wait and see what happens and then see where I need to go for advice. Thanks to all.
  13. There are no trustees. Stewardship provides charity accounts for both institutions and individuals......the accounts are designed so that people working in mission can receive financial support. It does not work in the same way you are assuming it does and is not covered by government legislation in the same way either.
  14. The business is not a registered charity. You will find that if you work in mission you are able to register as a charitable person and receive income for financial support. It works under the same principle as churches but a person/individual; so yes, a person can be registered.
  15. Hello. I need some advice please. I have been working for the last fifteen years for a "charity". My boss registered herself as the charity rather than the business....I think to do with tax etc. Anyway, over my time as an administrator there I have been given more & more work with expectation that I am available all of the time. I used to get paid an hourly rate and submit a time sheet each month but this was changed three years ago to a minimal fixed amount each month and then twice a year in June & December I had to submit a timesheet for any excess....but this is always queried and payment always begrudged. I only earn £300 per month so we are not talking megabucks.....but I am fed up with being expected to be available 24 hours a day, 7 days a week, 52 weeks a year. Whenever something needs doing it becomes my job. I feel like an octopus sometimes! Just before Christmas it was demanded that I worked Christmas week doing something that could have waited. The boss doesn't work Christmas week and nor does anyone else - just that the expectation was for me to do it and this is the third year this has happened....but this time I refused. She nearly blew a gasket!! I heard from a colleague that the boss was raging about me and I have been summoned for a meeting this week....I think my days are numbered as she does not like people saying no to her. My query really is to find out where I stand legally? My job does not have a contract...it has always been by verbal agreement. Originally it was voluntary but as the workload increased I began being paid. The office is my home....and everything for the business is stored at my home/garage/shed etc. All of this has been done free of any charge. If I do suddenly get the sack as I suspect is going to happen....what can I do about it if anything? Many thanks.
  16. Just thought I would update my thread on where the settlement has reached. I was glad that I pursued matters despite all the advice I had been given. The court stated that the claim for LoU was entirely acceptable on the basis that no alternative vehicle was available for use. I was also able to claim for the entire C&A amount and my overall claim was therefore re-established and settled at what it should have been. Just goes to show that you can get bad advice from those who are supposed to be supporting you legally in these matters but also glad I didn't take the advice I was given on here or I would have given up at the second hurdle - it does help if people generally know what they are talking about and not just post for the sake of it.....I object strongly to 'assisted blonde's' comment about getting rich.....if only. Had you suffered the numerous injuries that I had and been through the years of treatment I have had to endure and still go through, you would want justice as well......nothing wrong with that and doesn't mean you are hoping to get rich!
  17. With respect Ganymede....I don't know if you actually read my original post properly. It doesn't say anywhere there that I can no longer drive or that I expected LoU for an indefinite period of time. I was in plaster casts for several weeks and therefore unable to either look for, or drive a car. As a drunk driver caused my injuries what I do expect is just compensation for the time I was without a car and for the injuries I suffered.
  18. The current offer is 12,000 less than I was originally told....quite a considerable amount. How can you possibly be penalised by a 7-10day ruling when you cannot drive or look for a car because of injuries caused by a third party? Doesn't make sense and is incredibly unjust on innocent victims.
  19. Not entirely sure I am in the right forum but here goes... I had two car accidents 5 months apart - neither my fault. The first I was hit by an old man on a dark, wet night....he didn't see the 'STOP' sign. The second I was hit by a drunk driver who came out of a side road doing 60mph and took my car across four lanes....it was a "write off" and I had lots of injuries. Both accidents are more than four years ago.....with one overlapping injury. The first claim was settled some time ago on the basis that the "specialist" put 90% of my continuing problems down to the second accident. We arrived at the settlement stage a couple of months ago after being seen by another specialist who said my injuries were now permanent and I would not get any better than I am now. My 'case handler' gave me a settlement figure but had also advised me to claim for care & assistance and loss of use. When the offer came in it was a global offer to cover everything many thousands less than what I had been told. The case handler then wrote telling me she had previously written advising me that I could not claim the extras, which she most definitely had not. I then got a snotty letter from her supervisor telling me that care & assistance is provided by family & friends freely, so I couldn't claim that....also, that I couldn't claim loss of use for the duration that I was recovering from my injuries....that you can only claim for 7-10 days after you receive the cheque to cover the cost of the car even though she also accepted that I wasn't in a position to drive.....kind of contradictory but I am beginning to realise that they tell you anything. She also said that the injury was now apportioned 60/40 and because the first claim was settled I would just have to live with that....more or less. She did acknowledge that she could find no such letter on my file from the case handler but couldn't comment on what was said on the telephone. I feel utterly abandoned in this.....I have been lied to time after time and now cannot trust them at all to reach a just settlement for me. The case handler clearly has no idea what she is talking about and that leaves me feeling that I made the biggest mistake of my life asking her to take my case. She also dealt with my first claim and I thought I could trust her....never realised I would live to regret that decision. Don't know where to go or what to do next.....any ideas?
  20. Thanks, but don't really understand your post. This is an insurance forum and my claim is for personal injury through my insurance company. Because the claim is dealt with by a firm of solicitors appointed by the insurance company they are governed by the Legal Ombudsman. Not sure why you think this is a case for the FOS....it has nothing to do with them.
  21. A dilemma...... I made my complaint official with the Legal Ombudsman and have now received their letter to say that an investigator will be appointed in about 10 days time. In the meantime, I have just received an email from the senior partner at the solicitors firm. He does not acknowledge any liability for the medical report costs and has said he is sorry we have reached this point and because of the delay in getting to this point.....is offering me £200 compensation. The big question is.....do I take it.....or do I leave things in the hands of the Legal Ombudsman? I contacted them this morning to let them know about the offer but they cannot advise on what to do now. They said that the investigation could go either way.....they could find that a fair offer to resolve has been made and on the grounds that I didn't accept, I end up with nothing......but on the other hand they could find that is not a fair offer and award much more. What to do eh?
  22. I have now contacted the Legal Ombudsman and they are going to investigate my complaint. Will keep you informed of where it is at.
  23. Thanks HB. The LCS has closed.....there is a notice on their website to say they are no longer taking cases and referring everyone to the Legal Ombudsman. I will get on to them tomorrow.
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