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JamesNeedsALittleSupport

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About JamesNeedsALittleSupport

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  1. Hi Unclebulgaria, I appreciate your response. At the moment Debt Management are waiting to received the payment. I'm assuming once they have decided to send my backdated payment of £1900 on to the council I will get a letter on my UC journal informing me, is that the time I then request the mandatory reconsideration? In relation to your second reason for the MR I'm not sure I can rely on that as the UC letter which finds me not fit for work and explains I will get a backdated payment expressly states that if I owe the DWP money they may take that from the backdated payment. I will certainly consider talking directly with the council to see if they are happy not to take my backdated payment although I think it's highly unlikely they would allow releasing the payment to me. On a separate note I have contacted the tribunal service to check on the status of the case involving the alleged overpayment for housing benefit which I submitted almost 5 months ago. As I didn't place much reliance on winning it and my focus was on ensuring I attended the ESA tribunal I asked that the case be dealt with by not attending the hearing, and I have sent in very little evidence. I had no idea how important that tribunal case would turn out to be. I have also moved address again, as my landlady served a section 21 on me because she wanted her property back, and that case was dealt with entirely by postal mail. I was very worried that the case had all been dealt with and they hadn't updated my address so I hadn't been informed of what was going on. I was very relieved to find out today the case is still pending and the adviser I spoke to is referring the case back to a judge as DWP have not responded to the case in 17 weeks. That means if the MR gets me nowhere I can still have a chance of fighting the case at the tribunal. I have informed them of my wish to attend and the adviser has now amended this to reflect that. I now have to wait for the DWP's bundle and then I can send in my evidence. I'm just so relieved that I will get a chance to claim this money back. Thanks again for your help, the guidance you have offered has been profoundly helpful so thank you for that. James
  2. Hi, I have been informed that I will get a £1900 backdated payment for UC and that it is being processed. However, I will not see a penny of it. They intend to give it all to Bristol City Council for a housing benefit overpayment of £2900, despite that alleged overpayment being the subject of a tribunal as I don't owe them the money. The housing benefit overpayment occurred when I moved to a different location to get access to my treatment quicker, this was when I was on ESA. The new council told me I needed to apply for UC but the DWP wrote to me at my new address informing me that they had reviewed my claim and were going to keep me on ESA and that I need to apply for housing benefit from the council. I went round in circles for months, during this time my old council paid my housing benefit and then raised an invoice for the so called overpayment. I can not tell you how sick I feel. I have accrued so much debt living off credit cards during this period to pay for food and bills. I had really hoped I could use the backdated payment to pay off some of the debt and get a little more financially buoyant. What a totally perverse system. They wont use any of the £1900 backdated payment to pay the £550 remaining for the advance I had while waiting for my UC claim to be processed after pushing me off ESA. So those payments for the loan will still be deducted from me monthly. It just couldn't be any worse. I don't have the words. I had intended to make a donation to this site because you guys have been very helpful and I am very grateful to you all. I'm sorry that won't be happening now. When did Britain become such a terrible country? James
  3. Hi Stu, Thanks for that detailed and very helpful response. I have not informed the letting agency that I have withdrawn permission for the inspection. I have written to them asking them to assure me that no general photography of the rooms in the flat and photography of my personal possessions will be taken. I am seeking that assurance before they come to inspect so both parties know where they stand before the inspection begins. I also reminded them there is no mention of photos being taken during inspection visits in the tenancy agreement. As yet I have received no reply from the letting agency and think they might be ignoring my email on purpose. I will chase it up shortly. In the chaser I will remind them of the provisions of the tenancy agreement, the covenant for peaceful enjoyment of my flat and now remind them of their duties under the DPA 2018 and my right to object under GDPR, thanks for that. I also think I have some support from The Human Rights Act 1998. If they still choose to ignore my emails and voicemails then 48 hours before the visit I will inform them that I have withdrawn the right to visit and they will not be allowed access. James
  4. Hi, Oh cool you changed the link address, thanks. However, I have already viewed this article and it doesn't clarify the legal status.
  5. Hi, Can I also ask are they able to deduct any backdated payment from a housing benefit overpayment from a council, despite this alleged overpayment being the subject of a separate tribunal yet to be heard? The housing benefit overpayment occurred when I moved to a different location to get access to my treatment quicker. The new council told me I needed to apply for UC but the DWP wrote to me at my new address informing me that they had reviewed my claim and were going to keep me on ESA. I was literally going round in circles for months because no one wanted to pay me housing benefit which I was entitled to. All the time my old local authority were paying my housing benefit which they would like recovered. From my perspective there has been no overpayment the problem has arisen because it was the wrong source who was paying the housing benefit. James
  6. Hi Unclebulgaria, Thanks for you response, much appreciated. Can I just clarify am I now attending the ESA Tribunal simply to recover the 3 months backdated ESA payment which UC will not cover, as they only backdate to 3 months after I provided evidence of my condition? James
  7. Hi, Are people not responding on here anymore? Is the forum closing down? James
  8. Hi Guys, Could anyone respond to my previous post in which I raise a few issues and ask some important questions? James
  9. Hi, I have already sent an email to the letting agency responding to the visit notice informing them that I will be removing permission for the visit if I don't get the assurance that general photography will not be taken and that my personal space and privacy won't be violated. If they don't respond, as they haven't yet, I will start to chase it up. However, if they insist on taking photography of all the rooms with my contents and possessions in I will withdraw permission for access immediately until my very reasonable conditions are met. If the landlord wants to seek an injunction or issue eviction proceedings I will be more than happy to discuss the matter at the court hearing. James
  10. Hi guys, I have received a letter from Universal Credit informing me that I have limited capability for work and that I no longer need to attend the Jobcentre or look for work. I also do not need to keep sending the Jobcentre fit notes from now on. I am obviously relieved by this, as my treatment continues and I am working to regain my health. I am informed that I will get some kind of backdated payment from 3 months after I provided evidence to UC about my condition. In March this year I was found fit for work and taken out of the support group for ESA and forced onto UC despite being on a waiting list for the second course of my treatment, and my condition being more or less the same as when the DWP found me unfit for work the previous year. So I assume my backdated payment will start from July, is that right? A couple of weeks ago I had another letter from the DWP informing me about my tribunal date for my ESA appeal. If I have this right the only purpose of the ESA appeal now is to determine whether I am entitled to a backdated payment for the 3 months from March to June, is that correct? If that's the situation I might let them determine my case based on the papers and save myself the ordeal of going to the tribunal. Although I know that's risky because I'm told I have more of a chance of winning it if I attend. When I was pushed onto UC in March I had to take a DWP loan out of £875 because UC took 5 weeks to process the UC claim. I have so far paid back around £350 of the loan. It says in the UC letter that if I owe them money they might deduct this from the backdated payment. Do you know if this includes the remaining loan I took out? Or will they let me keep paying that back monthly as was the original agreement? I'm sorry for all the questions but while I feel that I am now getting somewhere I am still very confused by what happens next. Any help and assistance would be really appreciated. James
  11. Hi, I'm quite sure that proof of you attending and inspecting each room is proof enough. It is completely unnecessary for you to take general photos of each room, unless there is a specific issue which would help the landlord determine if he/she needs to take action. James
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