Did you write to them telling them it was their error? What reply did they give you?

I agree, but I still think it was worth arguing the point, as has been said, the 2nd letter was a lot clearer and easily understood, and at that point surfer was aware of the problem and informed the council of the problem. The fact that the council have also admitted the fault was their own, I think lends credence to the fact that you could argue against surfer and his wife having to pay the money back. And as always, nothing ventured in nothing gained!

Working Tax Credits are a 'top up' for low paid workers. So you qualify if: You or your partner are in full time paid workd Your income is sufficiently low You are present and ordinarily resident in the UK You are not a person subject to immigration control. What are tax credits? : Directgov - Money, tax and benefits This shou8ld give you some more idea about and includes a calculator at the bottom of it. P.s Sorry if I stretched the page!

I would argue against paying any of it back at all! The general rule is that HB is always recoverable except by that caused by 'official error'. They have admitted that it is their mistake. Dont make any payments towards it and if they are already taking it out of other benefits ask them to stop immediately. You will probably get a letter 'inviting you to pay it back', write to the address on the letter, stating that you wish to appeal on that grounds that the overpayment was caised by official error and is therefore not recoverable from yourselves. And also have a look at www.entitledto.com to see if you are eligible for Working Tax Credits. HTH!

A verbal contract can be as good as a written contract. jackie is right, a lodgers deposit does not have to be protected like a tenants. Your only recourse I believe is a claim in the small claims court. There are plenty of stickies on here on how to do that. And really dont worry about the voodoo stuff, all the effectiveness of voodoo comes from the person believing it, and believing the effect that the voodoo is supposed to do. I dont believe in any of this stuff, but if you are really worried about it, and are spiritual I suggest you go to your nearest church and speak to someone there.

I think you'd have difficulty proving to DWP that signing over the house to the kids isnt a serious deprivation of capital! Yep underdog thats the case, otherwise think of the amount of people who could claim! Think of other landlords who may have several properties who in the current climate may be only receiving enough rent to cover their mortgages, should they be entitled to claim means-tested benefits? And its really not the DWP's fall that the rent doesnt cover the mortgage, entitlements have to end somewhere, and its usually at those with capital!

Theres no way to fight it, the rules are fairly clear. Income from rent on property let to tenants is treated as capital. The capital in the property will be too much for you to be entitled to CTB.

With it being a new claim (I'm guessing this from it being a first payment) are you not on Local Housing Allowance rather than HB? Any new claim since April 2008 which is made to a private LL should be on LHA. If this is the case unless you are counted as 'vulnerable' payment will always be made to yourself, LL can apply to have it paid directly to them as long as you are 8 weeks in arrears. HB claimants havent been able to request the payment is made direct to the landlord for quite some time. Peeps may be able to give more help if its known whether you are on HB or LHA

You can appeal, details will be on the letter you have been sent. How much do you think will be enough? Surely you can get all those items for less than £312?

You dont have to sign on, but its worth doing so in order to carry on getting your Class 1 NI contributions. Doing so protects your right to getting a contribution-based benefits. Class 1 national insurance contributions count towards contribution-based Jobseeker’s Allowance, Incapacity Benefit, contributory Employment and Support Allowance, Bereavement Benefits, Retirement Pension and Maternity Allowance

I'll try! 1) No, although certain areas like Manchester are trying to get you to do so. 2) Google and you should be able to find a standard one you can print out. 3) If paying first months rent and deposit in advance by cheque, make sure its cleared before letting the tenants move in, and make doubly sure they get a copy of the DPS certificate. 4) Be aware that some Local Authorities are taking up to 3 months to process claims and may not always make an interim payment. So you may have to put up with no rent payments for that long, and the amount may not always cover the full rent and the tenant may have to pay the shortfall. 5) Get references from previous landlords to make sure they havent done runners from them owing rent. 6) Most importantly, get clued up on what your rights and obligations are as a landlord! I'm sure others can think of more!

As afr as I am aware and can find out CT benefit is not going to be affected by the fact you owned your own home in the past 5 years. But theres not really enough other info to go on. Do you have a partner? Do they work? Did you receive any redundancy pay? How much? Do you still live in the house you owned, was it sold? Do you receive any money from the proceeds, etc? The first two will def affect your CT, and all will affect your HB

The next instalment! This was due to go back before the courts before Wednesday of next week in order for the LA to produce the TDS details so the house could be got back. LA phoned court today to find out when court date was as they'd had no details to find that the judge hadnt sorted her paperwork till yesterday and has submitted the case to be heard in 7 weeks time! So the tenant gets to live there for another 7 weeks absolutely rent free, by the time this comes back to court it will be 5 months of rent free accommodation. And the irony is that the tenants solicitor was arguing that 14 days was nowhere near enough time to get this sorted, and the judge was adamant that 14 days was 'ample' time to bring this matter to a close. Honestly I can see why some landlords resort to underhand tactics now!

They were absolutely definately not in breach, hence the judge threw those claims out! They send the Prescribed Information by Recorded Delivery, and the tenant has signed for it. She's just trying to pull a fast one and delay things! Though if this keeps happening perhaps they should send a copy of the Information with every Section 21 notice!

Hi Steve Nope they werent arguing that they didnt have landlords details, it was purely that as his details were not on the original tenancy agreement but were on the notice of possession, that the notice was invalid. And if it wasnt invalid then the LL and LA were committing fraud! And it was a Section 21, and the deposit is protected as confirmed to him yesterday

Well, that might be a slight exaggeration, but you'll see my point! Partner was up in court yesterday asking for vacant possession of a property because the tenant is owing at least 3 months rent, she has had every opportunity to pay or come to an arrangement, even up to the day before. Of course there has been no communication from her. As usually happens he and the LA assumed she wouldnt turn up in court, but she was, with Legal Aid and solicitor in tow, trying at first to get the case thrown out. The reason for this was that although my partners name is on the Notice to Quit, it wasnt on the Tenancy Agreement, the solicitor was trying to claim this was fraudelent activity and was illegal. Of course that was thrown out. But the main thing she was claiming was that she hadnt been told that her deposit was in the TDS scheme so she thinks it might not be protected, which it is, the LA sends the details out registered post, and gives a copy to the LL as well. On these grounds she believes she should be able to stay in the property. You see, although she owes 3 months rent, the TDS compliance means that she would be able to claim 3X deposit, therefore she would owe no rent at all! And the judge agreed! The basis being that my partner may owe her more than she owes him, Partner tried to argue that him 'maybe' owing her money was irrelevant, when she 'actually' owes him. However the judge believes it is very relevant. A most bizarre thing methinks, they have to go back in 2 weeks time and take the TDS details with them then the judge will look again, meanwhile the tenant gets to carry on living there rent free! So it seems to me that all tenants have to do to get a few rent free weeks is to say that they never received the details of the TDS! Not having the details certainly seem not to come under a good reason to withold rent payments! So the TDS seems to working against those bad LL's, but this judge appears to be helping out those unscrupulous tenants!

Done it, they close down ranks and acted as if I was invisible! Still, solicitors very interested in it!

My advice about paying money to the Council instead, is to double check, double check and then double check it has been paid, get a reciept and ring them and confirm its been paid and is off the bill. I started paying them once I'd heard they had the LO order and were going to instruct the bailiffs, to this day I cannot get them to admit they received payments from me, and never took it off my bill, despite me having the recipts! Useless lot!

How about bailiffs who make a payment plan with you who then turn 3 weeks later and quadruple it? And then tell you they dont care if you lose your job or go on benefits, you are paying that amount? Or bailiffs who blatantly ignore the rules on approaching vulnerable people. Or bailiffs who whack vastly inflated fees on top. Or bailiffs who straight out lie about what they can and cant do. Or bailiffs who terrorise a 16yr old girl with mental health problems who is on her own threatening to push past her and seize the stuff if she doesnt get someone to give them money? Belongings that were signed into a Walking Possession Order by a bailiff putting someone under duress to come in, lieing about their powers. (All happily listed on a Form 4) And all this caused by a Council who still, to this day, refuse to believe they've had payments, despite there being receipts! Oh and a Council who chose not to go down the Attachment of Earnings Order. Go have a look at the Bailiffs board and see the absolute misery they have caused to people who, like me, agreed to payment plans they decided to change and indeed to those who have already paid the amounts they owed and are still being chased. Thats why people dont like bailiffs, by and large they are just bullies enjoying using their 'powers'. If they acted less like this and more like reasonable human beings there wouldnt be such a backlash against them. After all, they cant have what you havent got!

Aaah, thank you SS. Manchester are obviously different to Bristol who insist that you have to ask them for an Income/Expenditure form rather than one having to be supplied by law. Indeed they say there is no guarantee they will be able to take any notice of it should you send it anyway!

As I see it, and this is as the partner of a private landlord, so only my views so happy for it to be questioned! Definition of private landlord: Private landlords are private individuals or companies who own property that is independent of the local authority or registered landlord sector. Some landlords own only a small number of properties whilst others own significant numbers. In some cases landlords will have their properties managed by a letting agent whilst others deal with tenants directly. Your friend does not own the property, therefore he cannot be the landlord, regardless he drew up a tenancy agreement of this enabling you to claim HB, under HB rules the landlord is someone who is entitled to the claimants rent. Your friend is not entitled to the rent as he is not the landlord. If the Letting agent or landlord approach HB which they would be entitled to do in this case, there could be some very sticky questions being asked. You and your friend know that he is not allowed to sublet his property, he has done so and written what is effectively a fake tenancy agreement, you are aware of this and I think this is what they are hinting at when they talk about the fraudelent activity. Your friend claims to have paid the rent for 6 months, do you have proof of this? Have you seen the rent book, the receipts, confirmation of payment, etc?. Because they are evicting him for non-payment of rent, they would very rarely do this unless they had proof he was not paying rent. As it stands it sounds like your friend is happily taking your money but not passing it onto the LA. Unfortunatly this is an issue we have come across before, its all well and good saying the place is spotless, but if the rent isnt being paid it causes nothing but trouble. Please also be aware that if the place has several occupants it may have to have a House of Multiple Occupancy Licence which can have implications for the Landlord. In your situation I would approach the LA and explain the situation and ask if you can take over the tenancy agreement, they may well do this considering the state of the place, and they can see that you have regularly paid the 'rent' to your friend, which I'm taking it you have receipts and some kind of rent book for? And thats all I can think of right now, and its long enough, I'm sure someone will be along to disagree with me!

Hi Maddog I would strongly suggest that a couple of days after setting up the payment plan you ring the Council back and double check that the payment plan has actually been put into place. I had done this and it has resulted in my Unfunny Comedy of Errors post!

This is just a vent as much as anything else so please excuse me! I moved up to Manchester in September, didnt inform council as landlord was going to do it, anyway head in sand, up and down to old town of residence, I forgot it about it! 3 weeks ago I get a Summons for the 11th Feb, ooh buggery I rang them up, explained I'd never had a bill, never had a reminder. But of course they'd been sent out said the young lady on the phone, ooh but we did forget to send the 2nd reminder out, our apologies! I explain I dont want it to go to court, but I cant afford to pay it all, oh and can we apply a Single Adult Discount, no probs she says! Paid £100 that day, and arranged to pay £150 on Feb 14th and the remaining £155 on the 15th March, which would clear me after my SAD had been applied. I've put the SAD on the system (Gawd I hate these 'systems'), just send us an email to confirm it! Excellent, I thought, all sorted and done................except it never is, is it! Then made the payment on the 14th Feb as decided I get a letter dated the 13th Feb, we have been to court, have an LO and you must pay full amount of £417 within 14 days or bailiffs, bailiffs my backside I thought, so they got a stinking email complaint from me, pointing out to them what happened, and also pointing out some of the complete inaccurasies in their threatening letter, for example. they cannot just order a bailiff to seize my goods, there is a process, and I do not, by law, have to fill in their darned enclosed Income Form as enclosed in envelope (How many of you think the Income Form was actually included?) But having previous experience of CT incompetance I decided to call as well, and oh did I get the snottiest woman ever! Do I have a payment plan? No of course there isnt one of this system, I cant possibly have called and set one up! They acknowledge the payment I made when I called but theres no notes as to what the rest of the 25 min convo was about. They'd have asked for my employers details if I had. Well not knowing that that was the information they would have asked for I can hardly be in a position to say I was at fault! I particularly enjoyed the friendly 'Oh Well' when I stated I couldnt pay the full amount, I had to pay half the remaining amount on the 28th Feb, the fact that I'd already paid £250 in the past 10 days was irrelevant apparently, and couldnt I 'save up to pay the rest'? Yes, maybe if I pull out all my teeth and ask the tooth fairy to be generous. 8) Well then I had better fill in the Income Form attached to the letter hadnt I? Then she very kindly, with all the sarcasm she could obviously muster for this conversation, advised me to contact Royal Mail as 'someone had obviously opened my letter, removed the form and posted the rest of the letter back to me'. You see, its never ever happened before! Strangely enough she shut up when I offered to send her a photocopy of the letter, showing that nothing had ever been attached to it. Oh and I've been informed of a change in the law, apparently the bailiffs can come around, and come in and take what they want. This was her reaction to me telling her I would have nothing to do with bailiffs, and would only deal with the council. Oh she says, I've never heard of that happening, its not possible. (Doesnt know a lot this girl!) So I explained to her the process in which bailiffs keep coming around, I refuse to have anything to do with this, they eventually go back to council, and I get that lovely Notice of Arrest thingy, by which time I'll have paid it all back, and by the way I work in Welfare Benefits and Debt advice, and know exactly what they can and cant do. At this point she'd actually physically given up speaking to me, except to say it would be best if I kept the names of every person I spoke to in case there was further problems, how kind I thought, 'Yes c*****, I certainly will remember who I've spoken to, and so will your manager, and my M.P and put the phone down! Honestly I can laugh now, but I was steaming after putting that phone down! P.S Does anyone else think I should just copy this post for my new complaint letter?

Sorry about the title, couldnt think how else to put it! The basics are I lived in a property from November 06 to October 07 on Dual Fuel with Scottish Power, at first I was paying a monthly amount, but then everything went pear shaped with me having a breakdown, then continuing alcohol problems. I also then had troubles with the bailiffs and going on half pay, so basically the bill didnt get paid! At no time did I ever have a meter reading, all bills were estimated, and I was daft enough not to take an end meter reading (short story, harrassed out by landlord, homelessness with the kids, etc) Anyway, last week I had a letter come from the door from Bucchan & Roberts on behalf on Scottish Power asking for £777.51 (nice round figure!), of this 32.5% was for their admin fees (I'm obviously in the wrong job!) Now I'm not debating I owe them some money, and that I have to pay, but I have no idea how they came up with this figure, it seems they've just picked this out of the air, and I've got no intention of paying the debt collection agency over £200 for 2 letters! So how do I proceed with this, I would like absolute proof of how much money I do owe them, to me its like going to Tesco, putting through my groceries then a random numerator picking how much I have to pay! Any advice would be gratefully received! Emma

I'm confused now! I tried to claim IS as I no longer received a NHS Bursary and was waiting to get a start date for a new job when I'd provided Occ Health details. My daughter is now over 16 and I was told that the rules had changed in April this year and thats why I couldnt claim! So have I been told a porkie? I've had 3 weeks of living on the minimum CTC and CB and still waiting to hear about my new start date! (Hopefully Monday!)