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Shelley181146

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Shelley181146 last won the day on April 4 2012

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  1. Dependending upon the benefit you may be claiming, depends on whether you appeal this scenario to the Council or via DWP because they are making the deductions from your benefit. If you are receiving HB - then you would appeal to the council, if you are in receipt of UC then you appeal via DWP. However, I was misinformed by the council last year, even though UC was in place and was advised I needed to liaise with the Housing Manager. This delayed my appeal to the DWP, but was granted because I had evidence that the council had provided inaccurate information. Since then, I returned to work but the appeal was still due to be heard by The First tier Tribunal, who lacked experience of these cases and rejected my appeal. Due to their errors in Law I have the option to take my case to the Upper tier Tribunal, which is what I am preparing for. I had an accident in work in March, hence my return to UC and I now continue with the tribunal. Shelter are already too far stretched in their resources and I know from past experience that CAG has very knowledgable legal guys here, which is why I posted my question. I am somewhat surprised that you havent received queries in this regard, and it appears that I have more knowledge about my case, so with respect guys I will leave it there. I will come back and post the outcome when the case is completed. Thanks everyone.
  2. But tenants are entitled to challenge this as caselaw has been fulfilled by SSWP v Nelson(2014) UKUT 525 (AAC)
  3. For clarification I am referring to Council tenancy, but the link Unclebulgaria67 has provided does not involve my situation as this is not a House of Multiple Occupation (HMO). There are widespread (across the country) appeals on-going presently because the council do not have sufficient properties for people in similar circumstances to down size, meaning we are being penalised and having to find the 'Under Occupancy' premium. They are using the fact that tenants signed for a 3 bedroom property and therefore still remains a 3 bedroom property. However, they are not taking into consideration that thousands of tenants moved into their properties long before this 'tax' into force and do not have sufficient properties to downsize those tenants. You are digressing from my original questions in regards to fire safety regulations, and if the room is not heated the same as all other rooms in the property or sufficient furniture cannot fit in the 'available' floor space then I have a case to challenge the DWP/Council. FtT judges do not fully understand the particulars of these cases and therefore people can further appeal to the UtT. Bedroom Tax research evidence.doc
  4. Wow! On form as aways dx, thank you. I'm pursuing Employment Tribunal's now instead of banks, Lol
  5. Hi dx100, Glad to hear from you. Hope you are well? I thought that might be the case, but wasn't sure entirely. Any idea's who owns B&B nowadays? I will have to send SAR request, but as its so long ago not sure what information they'll have, if any? I don't have any statements
  6. Hope this is the correct forum for this thread, please move if you feel it appropriate. Currently living in three bedroomed property alone. Moved in 14 years ago with family of hubby and two children. Cut a long story short, children flown the nest, hubby died. Local council not insisting I move because they have a major shortage of smaller properties and when I am at work I pay full rent and the 'Under Occupancy' is not an issue. I accept that I have to pay full rent accordingly. However, in March I had an accident from a defective vehicle I was driving and have been unable to drive or work since, hence my claim for Universal Credit. They are deducting 25% of my Housing element (just shy of £100) which I am unable to make up. Last year I submitted an appeal to the council who refused it, and then found out I should appeal to DWP as they were at that time deducting it from benefit. got a tribunal hearing and they believe that the law has moved on since 'Nelson' FIFE case Upper Tier Tribunal, which it hasn't, it still has to be abided by, and there are several issues which the judge has not taken into consideration. Does anyone have any legal knowledge on a scenario whereby the central heating boiler is situated in a box room, cited above the bulkhead of the stairs, which is obviously not heated the same as other rooms in the property? Also, if a single bed were to be situated where the judge suggests, the occupant of the bed could very easily burn themselves on the radiator. Is there any fire regs or is there a specific space allowed between the radiator and the bed, should radiators be covered in small spaces to prevent burns? Is there any guidance in this regard? Maybe under fire regs? Would appreciate peoples responses if you have experience of this type of appeal. Andy Orch, are you aware of any similar scenario's?
  7. Back in the late 90's I had a mortgage payment protection policy, which covered the repayments for 12 months, which sadly was utilised due to a severe road traffic collision. However, because I was not made aware of 'other similar policies' from different organsiations, was lead to believe that the mortgage would only be provided if the protection policy was accepted alongside. Might I be eligible to claim mis-sold policy?
  8. Worked a little over 2 months driving for a haulage company to gain sufficient experience so as to drive for a professional organisation after two years. Was advised at interview would be paid salary divided by 52 weeks - no hours discussed, you finished when the job was complete. Was not provided a Statement of Employment at all. Regularly told (text messages saved) to put tacho on break whilst unloading (illegal) Own PPE equipment provided No formal training provided Owner was medically retired Class 1 driver, who set up his small haulage company with spouse as joint director (Finance/accountant) He advised it 'wasn't working out because I requested an emergency day off' and sacked me when I returned to the yard. Yes, it was that straight forward - he was a bully and had no regard for his own H&S never mind his employees! Was not paid oustanding holiday pay Not paid Stautory Notice Pay Having calculated totals hours, appeared to be paid below National Minimum Wage. Liaised with ACAS for advise, they agreed there was a NMW potential claim and passed details onto HMRC at my request. Was advised by ACAS that I could request their assistance in an early concilliation process to claim other monies, outside of the NMW, which I agreed to. However, ACAS advised they could not repeat the employers response (obnoxious bully) so they were issuing the certificate so that I could commence proceedings via an Employment Tribunal. Moving forward, HMRC were provided all documentation, my spreadsheet of daily runs, tacho print outs, pay slips etc to aifd their investigations. The employer 'finally' agreed to meet them. In the meantime, I have commenced Employment Tribunal Claim, however, I did include an amount for the NMW because I had not received any response from HMRC, who had not returned my phone calls. I fully intended to amend my claim nearer the time, if at some point I received any correspondence from HMRC regarding the NMW, but I needed toensure my claim was submitted before the deadline of 3 months less 1 day. Now the HMRC clerk who took this matter on has written out to me saying that the employers records show I had worked less hours (bearing in mind I provided all tacho printouts) she had totalled up salary paid and advises that there is no claim for NMW. She has made mistakes in the annual leave time taken, which I have pointed out to her today when she called but she was very abrupt about the employer having received what he thinks is a letter from ACAS advising him that I am taking him to court. (Numpty!!!) The HMRC lady involved refuses to provide any information to myself regarding her visit to the employer, and until I retract my claim in respect to the NMW in the tribunal documents will not discuss anything further. I have asked that she liaises with ACAS to share the information with them, but she advises that they do not share information and will not take my case further until I decide how I wish to proceed with my tribunal case. I am not looking to gain 2 bites from the same cherry, I was merely ensuring that I did not miss my tribunal claim deadline date, and fully intended to amend the claim figures once I had received further information following her visit to the employer. I have utilised the Gov website to calculate outstanding holiday pay, so feel that will be correctly calculated. I have been advised by ACAS that I can claim 1 weeks pay for non payment of Statutory Notice Pay and as he failed to provide Statement of Employment I am eligible to claim 2-4 weeks salary which is what I have done. If I have permitted HMRC to investigate this matter on my behalf, why are they not sharing the data so as to help my tribunal claim? If not share it with ACAS as an intermediary advisor This is not a huge claim, and I am not proceeding with this just for the monetary value. I will be involving DVSA, H&S Exec etc to ensure that his outfit is either heavily restrained to work within the regulatory guidelines, or shhut down to prevent serious if not fatal incidents in the future. Does anyone have any guidance or legal issues I may have not covered to suggest which may help my claim, as I also have other on-going tribunal matters to deal with with other organisations and I would like to get this down as accurately as possible to present to the tribunal? Thanks in advance.
  9. https://www.gov.uk/call-charges Then when you click on the 0844 charges the next link to Ofcom explains this in more detail https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/advice/uk-calling. The government do not advertise this openly, they advise you check with your service provider, but Esther McVey has finally surcombed to pressure and it is now a freephone number. My point is, how can I check when the Gov website was updated to reflect this?
  10. A friend has been charged £27.56 in service/ call charges when applying for PIP over the telephone. I am aware that Esther McVey had been challenged regarding call charges with 08 numbers and I see that the government website has been changed to 0800 numbers now. However, I cannot see when the website was updated. Is there any chance of claiming these charges back from DWP/PIP as they are extortionate for vulnerable people who do not understand the implications of service charges on top of call charges?
  11. Although the joint tenancy was agreed and signed for in 2005, spouse died in 2015 and I was entitled to sole tenancy under succession rights. Will this affect the matter in any way?
  12. I am LA and yes, I asked them directly to their planning dept. I am currently looking for original tenancy agreement under a mountain of archived paperwork but the housing manager's response when raising this with him was that it was signed as a 3 bed and still is a 3 bed. Naturally, I will keep looking for the tenancy document.
  13. Hi Stu, Thank you for additional info. I have done extensive research on this subject and I am now trying to gather more 'personal' evidence in so much as plans from the original build of the property to ascertain number of rooms and theor sizes when built. However, the planning department have advised they no longer exist. Therefore, how can the council defend a legal case on their properties when they do not hold such information? I am now drafting a Freedom of Information request on a couple of things which may help. I've re-read the 'Nelson' case and realised that the UT have disagreed with the FtT that under-occupancy is the flip side to over-crowding but allowed one of the Nelson's cases on room size, layout and dimensions but as I say, I am looking for more personal evidence to support my case. Might you be able to suggest who I could approach to gain specific information on the property? I think I still have copies of the plans for my neighbour who I am attached to (they're a bought property) so it may have sizes and dimensions on those perhaps.
  14. I utilised the link you suggest awhile ago when researching my predicament so I am familiar with its contents. However, some of the links within this are no longer available. The family moved into this property some 13 years ago. The children have grown up and left home and my husband passed away. The house is 3 bedrooms. However, the smallest 'bedroom' houses the entral heating boiler and the stairs bulkhead. It only has 35.77 available sq feet and has never been used as a bedroom because of this. The house was adapted for my late husband and the council have not pushed for me to move albeit, I may consider it when I have completed my trauma therapy and I am fit and well again, but if one of my children decides to return home in the forth coming months then I will stay but they will not be in the smallest room. I will still have excess room if my child does not return home but it will reduce the penalty from 25% to 14% which will help immensely. I am aware of the discretionary housing payment but I respect it has an end date. Therefore, I am trying to locate the 'certificate of rooms' for the property to support my appeal to the tribunal.
  15. It is local council and the room has less than 50 sq ft (available) floor space. It has never been used as a bedroom
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