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  1. Some of you are aware of the colossal screw up the DWP made when moving people from IB to ESA over the last 5yrs. Some 75000 were wrongly placed in the incorrect ESA group which has led to them being underpaid for years. I got some advice from a local community service, got the ESA3 forms from the DWP and asked to be moved from Cont Based to Income Related ESA... and pointed out that this would need to be backdated 4yrs due to their mistake. 3 weeks later I call to chase it up, spoke to a very helpful lady, who looked into it, awarded me IRESA immediately, and passed it to the team dealing with the backdating issues. I pointed out that due to the screw up I couldn't even get my prescriptions because I was on the wrong sort of ESA and had 2 days of meds left and no money to pay for them, and my HC2 had been delayed due to NHS jobsworths. That was the 21st of Dec... I was then able to get my meds the same day, and I was expecting a long wait for the backdating issue to be looked at. But on the 15th Jan.. I had a letter stating that they'd agreed to back date me from Dec 2014 for the sum total of £2133. It also said that it couldn't be back dated to the actual change due to section 27 of the social security act 1998. So I'm very happy to be getting an extra £13.50 a week and the under payment has already been paid into my bank. My personal opinion is that this wasn't an actual mistake... but that they deliberately tried to save money and according to info I've read on other rights websites... were made aware of years ago and did nothing... but now that they can further save money by not paying people the full amounts they would be owed... now they admit they messed up. But it's freed me from debt, given me a cushion in the bank for emergencies for a little while at least... and the extra money will come in handy and stop me from deciding if I eat or turn the heating on this winter. So my advice to anyone in the same position... Get onto the DWP, ask for the ESA3 form and fill it in, ask for it to be reviewed and backdated... Don't wait for them to get in touch with you.
  2. Hi all I currently get PIP and ESA. My father passed away in July this year,so I took over the tenancy and did a quick benefits check online, that is when I came across SDP. I have never heard of SDP before.So I rang the DWP in July this year and applied for it.I got it backdated to May this year, after doing more research I now believe I may be entitled to having my SDP backdated further. I was originally on DLA middle rate care and low mobility as well as Income Support before I was transferred over to ESA and PIP.I was transferred over from DLA to PIP last March.I was also transferred over from Income support to ESA in May this year. I had been on Income Support and DLA since the early nineties,but never got SDP,I now know I was eligible since no one has ever claimed Carers Allowance for me,and although I had lived with my dad for over 20 years he was on high rate care DLA and Income Support to.So he was on a qualifying disability benefit so i would be classed as living alone. I have been in touch with the DWP and the lady on the phone told me I would not be able to get it backdated any further.Would that be right or is she wrong.
  3. I have worked as a temp for an agency that pays out for “holiday pay” where the holiday hasn’t been taken. The problem is I wasn’t aware that I had to manually claim these payments during the year and that, according to them, they cannot be rolled over. I worked for them in 2015 and 2016 (and this year) so I have in effect lost these payments as I have not adhered to their policy. (their policy is on their staff portal website and I think their contract, which I don’t recall ever seeing). I am annoyed as in the various numerous training I have had with them in terms of being compliant with their admin/paperwork as part of my duties they have never mentioned I had to claim these payments. In other words they have been very on the ball where it suits them. Does anyone know if this is legal? thanks
  4. Hi, I rent some therapy rooms and book via an online system. These rooms are billed at £15 p/h and I make payments via PayPal. The booking system is quite bad and lets you mark rooms as paid (without paying) and can cancel and re-arrange appointments without notifying the owners of the therapy rooms. The owners stipulate that if you do not pay for a room on the exact date it is booked the a £50 fine will be added. They also stipulate that if you do not ask permission before re-arranging or cancelling an appointment a £50 fine will be added. This is not a signed contract, just simply an email they sent out last year. In the last week I have received numerous emails requesting amounts in regards to fines for rearranging or cancelling appointments from April 15 - April 16. Email One: Requested £400 Email Two: Requested £1400 Email Three: £400 Email Four £1400 Email Five: £3500 with a PayPal invoice attached Email Six: They have changed it to £7500 In truth, I probably have rearranged many clients without notifying them before hand, however I have always paid for the room used. The amount they are requesting is solely for fines. Is this possible? Any advice would be greatly appreciated. There is no way I could even give them this money if I even had it. Thanks in advance!
  5. I invited a local estate agent to view my property for evaluation in early May 2010. I also invited another agent for the same purpose a week later. I invited agent (a) to revisit my home to take the listing. They backdated their signature on the Sales Agreement by nine days, without my knowledge or authorisation. My signature reflected the correct date of the Sales Agreement. The agent did not advise me that by placing my initials in a box contained within the Terms and Conditions of the HIP Pack, I was waiving my rights to the seven day "cooling off" period. They said that they had me do this so that they could proceed with the HIP which was abolished six days after I had signed the Sales Agreement, leaving me liable for the cost of the HIP and their listing fees, should I change my my during that seven day period. They instructed their own conveyancing solicitors to send a questionnaire re the HIP Pack. It was dated the 18 May 2010. giving no time for me to process the paperwork and send it back to them before the HIP Packs were abolished on the 20 May, 2010. Three years later, they started to pursue me for the cost of the HIP Pack. They took the matter to court. I was unaware of the action because they did not send me a copy of their Directions Questionnaire. The Judgment arrived in April 2015. There had been no demand for payment of the HIP Pack and their Listing Fees, + VAT until 2013. I have successfully had the judgment stayed. The other party did not show up in court. They have until the 31st July, 2015 to respond to the Court. After that date has elapsed, the case will be struck out. They continued to list it until end 2011, when they removed it from their listings as they said that my property was too expensive, and had not negotiated a more realistic selling price. There were no negotiations during that listing period, and they had recommended the asking price! I had already reduced the price in 2010, at their request, and then relisted with them in 2011, at their suggested figure, which was £15,000 over the previous year. Following the Judgment, the estate agent sent the sheriffs to me, ignoring the Court's Stay of Writ. The sheriffs advised that they would be here Stay of Writ or not. The estate agent ignored the Stay. I was in a state of shock for some considerable time following the arrival of the Judgment and the sheriff's unexpected appearance. None of the major relevant agencies are interested in this situation, all giving varying reasons for their lack of interest. I wonder what the forum makes of this situation. I seems ludicrous to me that there is no recourse open to me, considering the amount of anguish and trouble that I have been subjected to, I should mention that I am a 74 year old lady, and feel that I have been thoroughly taken advantage of. The other, obvious concern, is that as the relevant agencies are disinterested, the agent is free to continue similar practices.
  6. Hi, My relative applied for PIP approx. 8 months ago and finally has an appointment this month by ATOS at his home. If he is awarded any kind of award within PIP, is he entitled to backdated payment from when he first made the claim? or from the date of his assessment/home visit please?
  7. Hi! Somewhat confused about the situation I have with a bill from Eon. I moved out of a house that used a pre payment meter roughly 15 months ago, and into a new property which I've been paying via Direct Debit. The supplier was initially British Gas whom I moved away from and back to Eon - the Tesco Club card points are a big win! However, this past December (roughly ~ 14 months later) I received a bill from Eon asking for a low triple figure sum as a final payment for that address. This striked me as odd at the time as I used a pre payment meter and wanted to chase it up with Eon, which I totally forgot about if I'm honest with you as was rather hectic! Today however, I received another letter which jogged my memory! I've had a quick look around the internet about backdated payments being asked from suppliers and noticed that there are some regulations regarding that beyond the 12 month point. I had absolutely no clue I owed any money whatsoever, and as far as I was concerned all matters were settled with that address so haven't tried to contact them (which is part of the regulation I believe). The date on the letter for the end of the charge period is also + 15 days after I moved out, which was another reason for wanting to contact them! So my question is it worth coughing up the cash and settling it? Or is there some grounds to make a complaint? Thanks!
  8. Hi, I have quite a simple question ... I think .... I have been signed off work by my doctor since March last year and have been claiming ESA at £72/week (the assessment phase). The claimant is supposed to have a 'medical' assessment after 13 weeks of claiming and dependant on the outcome, for me at least according to online benefit calculators, should receive either £101/week if put into the WRAG group or £123/week if put into the support group. My question is ... I have only just been sent an appointment for this so called 'medical' - not 13 weeks after claiming but more like 41 weeks after - irrespective of the group I am placed in, will they pay the difference of monies that I should have been receiving? Basically I have been receiving the 'assessment' rate for all this time - leaving me potentially about £1000 to £1500 short of what the government said that I should be getting?? Any help with this would be appreciated Regards
  9. Not sure if someone else has come across this But I am facing 2 HMRC Issues which shows their non professionalism and inadequacy: Issue One (1): Last year my Spouse was on Maternity for 1 year which included paid, Statuary and Unpaid 3 months of Maternity pay. Since it affected our overall income I rang up HMRC and requested them if we are eligible for any Benefits due but they did calculation based on previous year and said we do not qualify for any benefits as we earned over £32000 for previous year and requested us to call them back later. However few months after my son was born and my wife's maternity finished I called them up again and asked for Child Benefit as our actual annual income for whole year fell below the estimated annual income but this time around guy working out said we do qualify and should've received tax credits HAD we called and Claimed benefits earlier. I disputed that I did call earlier but was given wrong information but he stuck to argument since I never claimed within given months I've now lost out on it. Issue Two (2): I received a letter from HMRC that I currently owe them approximately £500 in tax from year 2013-2014. Problem is that last year when I changed my employment I was charged at Basic Rate so I called up HMRC and told them about my change of job and salary etc and they said they would automatically send new Tax Code into new Employer's System which they did. Now If they are the one who put tax code into system and were aware of all my change in employment details they are responsible for not charging me correctly. Saying that do they have a right to charge me back dated tax for a mistake they made? I've recently read in local newspapers that they have done that with many others this year as they had issue with their computer systems. Can this case be argued and is there a way that outstanding tax be waived off if I put a challenge up with HMRC? Any help will be highly appreciated
  10. Hi, Can anyone give me some advice please. Thames Water have suddenly announced that a meter was fitted to my business premises in 2001, and that since then no-one at the premises has ever been billed. They state they have a right to backdate bills for 6 years, and took a reading over an 18 days and have promptly delivered to me a bill for £26,575. I took the premises over in Aug 2006, but pay within my Landlord Service Charge a contribution monthly under the heading 'water meter'. We therefore assumed this was for the water. The landlord now says the meter that Thames Water have discovered is nothing to do with him. I have asked Thames Water to send an engineer to show me where this meter is, (it is in the street away from my business) and requested they prove it feeds my business only and none of the residential apartments of business within the main building under which is my business. They have no explanation as to why they have not billed anyone for 13 years! Advice urgently required as I do not have the funds for £26,575 bill even if they spread it over 2 years as they have currently offered! I have no issue paying ongoing monthly charges that are right and just but cannot afford to back pay their error over the last 6 years. Is there anything I can do?? thanks DEC.
  11. I would be very grateful if someone could provide clarification on this please; I *think* I know the answer, but not certain. My appeal was upheld at a tribunal in June of this year in relation to ESA benefit which had been suspended in December 2012. Shortly after the tribunal I had a letter to this effect from the DWP and I anticipated receipt of backdated benefit approximately 8 weeks from the tribunal hearing. What I had forgotten, of course, was that they would need to reassess my eligibility from January 2013, i.e. immediately following benefit suspension, and I duly received an ESA3 form just last week which I have completed and returned (there has been no change of circumstances since benefit was suspended). Am I correct in thinking that reinstatement of benefit (and thus receipt of backdated benefit) will be subject to the DWP's usual processing time scales or is too much to hope that such cases are somehow "fast tracked"? Many thanks.
  12. Hi, Advice would be much appreciated. In January we received notice to quit from our private landlord, as the 4 flats in our block were going to be demolished and new apartments built. Our landlord had put a second planning application in and had been accepted by our council. I didn't want to wait to go on the council list, so we looked privately, asap. anyway we found a lovely house that would also accept our dog, and moved in on the 15th March this year. My question is can we get help with housing benefit, i've done the online calculator on the council website and can get possibly £50 per week to help, the rent is £75 per month more. The only reason to claim is that we have had to move not on our own doing and need some help, would we be able to backdate the claim to the date we moved in? Thanks to all in advance
  13. I am looking for advice for my daughter, I will try to keep it brief. She is a single parent and works, she was self employed but has back problems and thought her job was making it worse, also not making enough money so she gave that up and started a paye job. She informed the council as she thought she would be entitled to some help with the rent/council tax.she got a refusal, they said she had 2 jobs and din't qualify, also apparently she should have made a separate application for housing/ council tax benefit , she wrote back to inform them that she only had 1 job and I wote her a letter and asked the council to backdate her HB?CTB giving the following circumstances: She had been a victim of domestic violence, her ex is on remand for this and she has with encouragement agreed to give evidence in crown court, she has had many trips to the police to sign statements, verify evidence etc, she has had threats from his family, had her tyres slashed and not surprisingly has depression. The council knocked back the claim saying they had written to her asking for information, however I did explain in the letter that she has difficulties dealing with every day matters due to the pressure that she is under and she is being treated for depression . To make matters worse she she was at the council today the lady told her that they had mistakenly scanned someone else's wage details onto her claim! so the council can make mistakes but not my daughter despite her circumstances ! They told her that as a result of the refusal to backdate her claim she now owes over £1000 rent and faces eviction, the only advise she got when she burst into tears was to try to borrow it from a relative. She intends to appeal, can anyone give any advice re the appeal? Thanks
  14. Hope someone can help me here, I use to live in a council house 12 years ago and was only for a very short time before going back to private renting again. I recently received a CT Bill for over £500 which was backdated for 12 years ago, Now they are taking £8.50 per week from my benefits to cover the backdated costs, I asked at my local office and staff told me it’s for water and drainage? This sound right to you? I always thought that when on benefits and living in a council house that you get everything paid for you?
  15. Hello - First post from a long time reader, first time poster. Background story is that I am currently in dispute with my previous employer with regards to my leaving date and as a result I am commencing legal action trough an employment tribunal. Essentially, they claim I resigned on 25th September verbally on the telephone, but that was not the case, it was simply that I was beginning negotiations with regards to my departure. Instead those chose to take that as an immediate resignation and they claim the 25th September was my last date. This dispute is being settled with my solicitor. However - I today applied for JSA and requested it be paid from 25th September as all my paperwork states that the 25th September was my last day of work. I previously held off applying for JSA because my partner kindly agreed to pay my outgoings and due to the dispute around my departure date, I did not want to risk an overpayment of benefits if my employer changed their stance. As my partner is unable to continue to keep paying my outgoings for obvious reasons and the fact my previously employer will not change its stance, is it likely my backdated JSA claim will be approved on this basis? I refrained from applying to ensure I was doing the right thing and minimise any risks down the line. Very much looking forward to hearing your views, thank you in advance.
  16. Hi, Having suffered with severe depression bordering on BiPolar for the past 5 years i've hidden my head in the sand regarding my Council Tax until now. I have to be honest & say that i've totally ignored all letters & requests for payment so my bill is now around £5,000, which i'm totally embarrassed to admit to. In those 5yrs i've lived alone with my 21yr old daughter who has either been a student or unemployed in that time but as i said i ignored all correspondence & didn't apply for the single adult discount so question 1 is this.. ..can i ask for the discount to be backdated? You can obviously guess that i have been sent another Request for payment from Sherrif's Officers but i would like to get this sorted before things get any worse & also before it sets my mental health back to where it was. So my 2nd question, can i deal with my local council instead of the Sherrif's Officers? Reading this back i can't believe how stupid i've been but I recognise that i have to deal with it now but have no idea where to start so any help would be greatly appreciated.
  17. Hi, I had my appeal for ESA turned down and having lived off savings for a few months have decided I need to claim. I cannot go through the whole medical/ appeal process again so will try JSA. Do you have to wait 6 weeks before receiving payment? On the direct gov website all it says is payment is made from 3 days after a claim is made. Is this correct?
  18. Hi Everybodyl, First time poster here (although i have been keeping my eye on various posts for a few weeks now) so forgive meifi i am the wrong section. I am currently employed but off work with doctors 'fit' notes as i have been struggling with a lower back problem or over 2 years now (25 years old ) I recently was told i was entitled to ESA (assessment phase) and it would be paid from 28.06.13. This was the not the date i gave when i put my telephone claim in on 01.07.13. I rang fairly late on the day and the Welsh lady on the other end was speaking at 100 mph and seemed to rush me and in all o this the dates have been mixed up. When i received my package with the questions and answers i'd given on the phone the dates were incorrect as mentioned above so i phoned them up and the lady said she had 'added the notes' of the new dates i wished to claim from. It now turns out that these 'notes' are nowhere to be found on the 'system' and i have been told today to go to my nearest Job Center to get a 'backdated claim form' and send it of with a letter explaining why i am backdating to my processing office (Preston) to pursue my backdated payments. My last day worked was 24.05.13 and my first doctors 'fit' note was dated 28.05.13 and my processing office has all 3 fit notes including the first one mentioned above as i sent them all off as part of the evidence they needed along with SSP1 form. Now, the reason i claimed on the 01.07.13 even though i last worked the 24.05.13 was because at the start of June my employer told me 'there should be no problem with Stat Sick Pay' and being a fool i just took this as gospel and expected to be payed something at the end of June. I was NOT and i had not received an SSP1 form from my employer which i understand is to be sent to an employee within 7 days (i may be wrong). My company basically left it to me to realise i had been paid 0.00 for the month of June and also let it to me to chase a SSP1 form which they then sent to me but had not signed it (they literally ticked the box that said i was not entitled to SSP as i had not earned enough in the tax year) Eventually i got it signed and dated on 08.07.13 and sent it off with the fit notes mentioned above. So my question is this... Will i be chasing my tail in trying to get this backdated or in your judgement do i have a reasonable case for backdated ESA? I am slightly annoyed that the lady i spoke to last week took the new claim dates and 'added them to the system' only to be told today i need a separate form which i shall get tomorrow and send of with a letter explaining the previous paragraph and the whole trouble of obtaining my SSP1 form from my employer which i was told was compulsory to the claim when initially making it. Sorry for waffling on but i didn't want to miss any details/dates and i am just after a bit of guidance as to i i have a case or not and if getting a backdated claim form from my local Job Center is the correct path to take. Thanks for reading/replying Regards, Adam
  19. Hi, I am currently on JSA and housing benefit and income support. There is a big possibility that I will be receiving a backdated lump sum from the CSA for arrears owed. This would amount to approx 17 thousand. I have spoken to JCP and because csa is from 2008 onwards they say csa calculations aren't taken into account and therefore won't effect any benefits I receive even though it will be a lump sum. Is this correct? Surely if that amount is paid into my bank account it would be classed as savings? I really want to spread it between my childrens trust funds for when they are older as I believe it is their money. Any advice would be gratefully received x
  20. Hi Does anyone have any idea whether or not HMRC are still issuing backdated refunds to 2003-04 as part of their exercise after the new system was installed in 2009? If so, any idea when any will still be sent out or has anyone received any recently? Thanks Just wondered as an indication as to whether to expect anything.
  21. Hi All, my first post here wondering if anyone can help please? Me and my mother are renting a property from my father under Assured Shorthold Tenancy. I am a Carer for my mother and both of us are receiving Housing Benefit making us not liable for Council Tax. We have seperate tenancies until now. The Housing department visited us recently saying we were being paid as one bed self contained person when we should've been under 1 tenancy and a house of shared facilities - ie with one Tenancy and both our names. We've been liable for Council Tax for over 3 years and have been exempt throughout this time. Now, because of the change of status of our tenancies by the Housing dept they've informed Council Tax who have now made my father - Landlord - liable for Council Tax, backdating it 3 years with a bill of £6,000. I've contacted them and they explained that as the house was being paid as one bedroom with self contained and has now changed to shared facilities my father is now liable for all the Council Tax bills from 2009. I tried to explain we didn't know what difference it made to have seperate tenancies or one and nobody explained anything nor said anything all these years but they just ignore it. Can they backdate so far and they have admitted it was their mistake, in that, 'our claim was on their system this way' so after 3 years we now have to pay without any notice?? Anyone please help? Thanks Shane
  22. Sorry if this is the wrong place. Hi All, I have been unemployed since 20th July and was told by loads of people including my previous employer that I couldn't claim benefits as I resigned. I now believe that this is not true but in the meantime I have gone nearly £2000 into overdraft. Can anyone advise me on the best way to try and get something from DWP. To make things worse or better I start a new job on Tues but still leaves me with a huge debt. Help please
  23. Hi, I would be over the moon if someone could possibly give me any information on my dilemma Ok, back in August 2010 I was transferred from Income Support to ESA, I was in receipt also of low rate mobility which I received a 4 weekly amount and an extra £20 something included in with my Income Support. When I was transferred on to the new ESA benefit, I was told that I would continue to receive the same amount of benefit I was getting with Income Support. I finally, after many re-booked medical assessments got a decision stating I am fit for work. I appealed with the help of an advisor and won my case on 14th February 2012 being placed in the WRAG. My advisor told me I should receive all my backdated payments within 6 weeks. After many phone calls due to not receiving my appeals notice award which was posted twice and faxed 3 times The DWP have told me I am not due any arrears as they have paid them already, I am lost as I received an extra DLA component only with my ESA basic rate, can they count this component as being the same as being on the main phase?? I discontinued to receive DLA in November 2011 & my ESA went down with the effect.........HELP PLEASE......THANKS
  24. Hello I have recently changed my house into 2 flats and obtained a certificate for lawful use. The council have now sen me bills for both properties dating back to 2007 - it adds up to almost £6000. I've always paid my bills, which they have graciously (!) taken into account, but I am unsure of whether they are allowed to ask me for backdated payment. I was only afforded the certificate of lawful use in September 2011 - surely that is the date from which I would owe council tax on both flat?!?! Can anyone shed any light? Thanks in advance.
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