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Found 23 results

  1. Hello all Caggers. I have not posted on here for a while, but tend to look around from time to time. As most of you will already know there is currently a payout going on with the mess with switching claimants from incapacity benefit to ESA. We filled in the long winded form and sent it back to DWP in December. Around a week ago, we received the B16 form to fill in and send back. When did the DWP start counting their partners earnings and adding ESA to the combined income of the household? I seem to remember in the not to distant past, my partner who was on Invalidity Benefit which then changed to Incapacity Benefit and finally (at this present time) is Employment and Support Allowance, used to be classed as only them receiving the benefit, not taking into account any earnings that I earn. Does someone know what date this happened? I am curious to know, before I fill out the B16. Regards, Allets.
  2. I am writing this on behalf of someone else. Where i use the words me i or us means the person involved. Not me. I was employed as a mobile with a well known security company. My main job was to respond to alarms and deal with them. When i started my job off i was told that i was on a gauranteed 24 hour contract (weekly). I was not given any paperwork apart from some paperwork to show how and what i should be doing. I was told be my manager that i would recieve my contract in the post during the next 4-6 weeks. I also emailed my manager and he confirmed that i had indeed signed upto a 24 hr gauranteed contract that gauranteed me work of at least 24 hours a week. This manager left and work was going on well until october when my vetting was complete and i was sent a 0 hours contract by Human resources. I immediately phoned up and was told to query this with my manager. 2 emails were sent and nothing happened. Again in january this year my manager changed and i raised this again with hr. The new manager said he would investigate this. He came back to me and told me that the email i had was worthless and that i was on a 0 hours contract. Worst bit my days have been cut where i was without any income for 6 weeks. Since august last year i have put in several uniform requests and have had 0 back as manager keeps on claiming he has lost paperwork. This is despite sending 2 emails to him. I now come to the part After having nearly 6 weeks without work i started back a few weeks ago. The first night back i was pulled by traffic police and asked why i was watching a video playing while driving. The mobile is on a stand. I told the officer i was not watching i was only listening to the music and mobile was facing other way. Officer gave me words of advice and then took my details and after a few minutes told me i could go. No probs so far. He then phoned my employers and told them he was concerned for my safety. I only found out when a fellow officer came looking for me. As far as i was concerned the matter was finished. I did not log it either. Fellow officer told me that a call had been recieved and that the matter had been escalated to the manager. No probs here. The manager phoned me the follwoing day and told me i was suspended pending a investigation and that suspension would be unpaid. I have been to the investigation meeting and i was shown a picture of me sitting in my van with the mibile facing me. I was told this was taken by the other officer and he was allowed to do this. I have now been told that a decision will be taken and if needed a disciplinary will be held. I have been told not to contact any of my fellow workers. What do i do ?
  3. Hi I'm considering taking someone to small claims court over a faulty TV that they've sold me. I was just wondering if it's possible to inlcude filling and hearing fee as part of my claim? Also, can I claim anything for the income I'm going to lose for attending the court? If yes, how much? many thanks
  4. In September I received a Late Filing Penalty for 15/16 of £100 from HRMC, prior to this I had received no correspondence from them. I rang them up to explain I had received no prior correspondence from them at all. I was told the reason why I received the Late Filing Penalty for 15/16 of £100 was because I had under paid £190 tax in 15/16. I explained I was not self employed and normally procedure is for HRMC to deduct any underpaid tax from your wage automatically. I explained I was not self employed, but working for a company, so why was I fined £100 for not completing a self tax assessment form, because that's for people who are self employed and I was not. Having explained to the advisor I had received no prior correspondence to the £100 fine, I was told normal procedure is for HMRC to deduct under paid tax from your wage, but the computer system automatically sent the £100 late filing penalty charge because the underpaid tax had not been paid in time. Again I explained I received no prior correspondence from them, the advisor aologised, telling me to pay the £100 fine, she would then send a self assessment tax form for 15/16 out to me - I was to complete this and send it back and then I could appeal the £100 fine. I asked how much I had to pay, was told £190 underpaid tax, so I waited for the self assessment tax form for 15/16 to arrive. This arrived about 2-3 weeks later. A few days later, I received another letter from HRMC telling me I had not sent the self assessment (which had arrived and I was in process of completing) and now I had over £300 to pay. I quickly completed the self tax assessment form, sent it back recorded delivery and after xmas, I received a letter thanking me for sending back the self assessment form but I had to pay £520 because for sending it back late!! Now, how can I appeal 1. The £100 filing late charge 2. The £420 charge I only want to pay the £190 original under paid tax, which HRMC should have automatically deducted form my weekly wage in the first place and the HMRC advisor told me the HRMC computer system sent the late filing penalty automatically and it should not have been sent in the first place. Please need the more experienced guys help me appeal this asap Sent back the 15/16 self tax assessment form,
  5. I was claiming tax credits, and due to not filling in their update form as required, they stopped the tax credits, and are sending me threatening letters to pay it back. they said it's too late and I just have to pay. this dates from around last july. to be clear, I should not be paying them anything according to my income, in fact they would owe me things, but obviously this depends on the claim being valid etc. is there any option besides just paying them?
  6. Hi Guys, Been having a bit of a nightmare at them moment regarding claiming my Tax back which I have overpaid. I was working in the UK up until 20 October 2015 last year and we then had to move across to Denmark (but I still live in UK) Anyway, a few of the guys have all filled in their P85 form and some have received a cheque already with their over payment within a few weeks. I'm having a lot of trouble and they state because of the information I have provided I need to do a self assessment in April. I then managed to get a copy of my friends whom I work with and I copied it exactly but in Year 1,2 and 3 I wrote 220 days I would spend in the UK, when I should have put what he wrote which was 252. No idea why that matters which is strange? but I sent it off to them again which they said I could and again they sent me a letter saying because of the info I have provided. So I then sent in a third with the years at 252 instead of the 220. Anyway speaking to the HMRC is difficult at times but they have now created a work item and hopefully this gets pushed to the back office but they have said it can take up to 5 days for them to get in touch regarding the form Has anyone else had these issues when trying to claim an over payment of tax back? I have already been on the .gov website and worked out how much tax I should be due but if this all fails again then I'll just have to do the self assessment in April and hopefully then the HMRC see that I am due money back. How easy is a self ass form to fill in? I have never done this before but I'm actually considering speaking to an accountant and seeing how much they charge, I'm from East coast Scotland beside Dundee so hopefully maybe around £2-300
  7. I've been looking for a job and sending out my cv everywhere. One of the agencies contacted me over the phone, then i sent them all necessary details in response to their email. There was some agreement attached to the email, which doesn't look like normal agreement. There are only two fields on the first page and some field on the last one. I don't know how to fill them: in the first field after "you" I will write my full name, but what should I write after "of"? And here i might need to fill the field only if i'm a limited company, which i am not.
  8. Hi there I live in England and need to take the Bank of Scotland to Court for a Money Claim of around £35K; I put in my claim to the CCMCC and the forms have been returned stating that I need to accompany the Claim Form with Form N510. The form can be ticked in about 8 different places, but you can only tick 1 ! I've tried understanding which one to tick, but some are REALLY similar. Could someone please tell me which one? Many thanks
  9. Help needed filling in the E.C.H.R form. Due to the sensitive nature of this, I do not want to give to much away on an open Forum. If you can advise me and have experience of filling in these forms please contact me via p.m All p.m's will be answered
  10. My daughter has been plauge for 2 years now over a bill they said she owed . They have now addmitted that she did not need to fill out a self assesment as she was on paye, But say that she will still have to pay the £1000 fine even though she did not have to fill one out in the first place , This is sheer maddness can someone tell us where or who we can get involved to sort the mess out. 2 years of stress is taking it's toll Please help.
  11. im due a review by atos , but im really confused by the new form , ive left it as long as I can but I cant put into words correctly what I need to . I asked the local CAB but they don't have the resources to help . my wife refuses to help at all she's dyslexic and just doesn't want to know . my condition is the same ,worsens over time as it has been the last 12+ years except for the last 6 months ive been having conscious seizures ,nearly everyday . my head is so confused , like my brain has been wired up wrong , the questions make no sense to me at all . is there someone who I can pay to help me fill in this form in the correct way . I feel like just writing " shove it " on the form and posting it back
  12. I am helping a friend who has received a claim. They have to fill in an N9D form based on the allegations in the particulars of the claim, now the N9D says to supply your defence. The problem we face is, the allegation is vague and does not offer ANY evidence other than to say that the claimant 'has' evidence. It is difficult to write a defence against an allegation that does not present evidence, and therefore is just an allegation? The claim is from a previous tenant claiming the landlord withheld a deposit for rent arrears (some £3,000) when it was actually withheld for damage to the property (over £2,000 of damage) Literally it say, "xyz owes me £700 for illegally withholding a deposit for rent arrears which it cannot be used for" The defence is really, "The £700 was withheld to cover the £2,000 worth of damage cause (full evidence available)" and has nothing to do with the rent arrears for which a count court has already made judgement against you, in our favour" SO, my question is, do they just write a defence to the allegation on the basis of not evidence being provided as the claimant claims to have full supporting evidence that the money was withheld for rent arrears? After reading some other threads, I belive the defence should start something like: I, xxxx xxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxx xxxxx. Save as specifically admitted in this Defence, the Defendant denies each and every allegation set out in the particulars of claim. But unsure of what detail to go into about an allegation without evidence? Any advice is much appreciated. Thanks
  13. Hi, Bit of a complicated one really. Will try to be brief! Ex employer has been trying to recover training costs and other costs from me. I did sign a contract that stated they would recover training costs if I left, so cannot dispute this, though I do dispute the total. The first I knew of it was when I had a Statutory Demand delivered back in July. Have spent the intervening time contacting people, but have run into problems getting straightforward legal advice, as it is technically an employment law issue, but they are using methods more commonly used to recover consumer debt. (as I understand it!) Got free advice from a solicitor who was recommend by a legal forum, who basically said that it was too risky to fight it in court as we only had a 50/50 chance of winning, and that we should just make an offer/ come to an agreement to pay. We do dispute some of the debt but have been advised it is not worth trying to dispute a bit of it, we tried to request receipts for the training but they have refused to produce them, we contacted the training centre to get a rough idea of costs but before they could send us a letter (the staff were initially very helpful) they were contacted by ex-employer and asked to not to contact us or supply any information. So having had this advice we then started trying to start getting some money together to come up with a reasonable offer. Initial offer was roughly 20% of the total (a couple of thousand) plus a monthly sum. This was rejected but they accepted the 20% plus way more a month but we couldn't afford that. Tried to negotiate lower monthly figure but again rejected. We managed to scrape together about 80% of the total and offered that plus a monthly sum, this was again rejected, despite being much higher than the sum previously discussed. Eventually they gave us a deadline and we spent a week frantically trying to get the last thousand. We eventually came back and said that we had most of it and could pay the remainder on a credit card, but they then rejected this as they wanted it to come from one source and would not accept 2 separate payments?? Despite the fact they could have had the money then and there! So we received the notice that they were going for a bankruptcy in the court, and I want to oppose it. In an ideal world I want the court to recognise he is being vindictive (he has done this before to others) but I know it doesn't work like that! (plus I still can't believe that you can bankrupt someone based on an invoice printed on someone's home computer, they have never produced any further documentation and when asked by the solicitor we spoke to sent the same home printed document) So as I understand it I can now oppose it on the grounds that we can pay, and have in fact tried to pay many times. Is this possible? And can anyone help me with the wording of the form, as I have no idea of the correct terminology or even where to start! :/ Thanks for reading.
  14. Hi regarding ESA50 If I by some miracle im awarded 15 points in the Physical functions sec and lets say 10 in Mental Cognitive and intellectual functions, could Atos disregard Physical functions score of 15 and award only the Mental Cognitive and intellectual functions score,or are the two combined. ive read how the points system works but don't really understand it.
  15. Hi, i hope I've posted in the right forum. I'm new so apologies if i haven't. I was just wanting a bit of advice on filling in an N1 form for reclaiming money back. Brief details and particulars anyone?
  16. Hi all I went to the Dentist last week for the first time in a while, I had a checkup because its a new dentist, and I was told i had some tooth decay on my rightmost back molar. The dentist was foreign and he spoke so quickly, I honestly couldn't understand him half the time and I'm not used to going to the dentist, never having had a filling or anything like that. Anyway I didn't really understand my options so just went for the filling, not realising I can get a silver one from free on NHS because I am on ESA due to mental health issues. I signed their forms and arranged the appointment for Friday, but now I'm thinking I want to back out because I can't afford it and didn't fully understand it, I get confused at times you see. But before I left she said I had to put in a £50 deposit for this treatment, not really understanding this, I put my card in a paid the £50... But now if I don't have the treatment, will I get my £50 back? Any help appreciated, I haven't spoken to the dentist yet and wanted to go in will all the facts first so I know what I am doing, otherwise I will get anxious and flustered and probably get it all wrong
  17. Hi In the past few days i have been gathering info on ATOS and esa to know what to expect and it's pretty scary. I have been ill for 7 years, appealed and won my last tribunal and passed the previous medical. From what i have been reading i don't stand a chance as my condition is undiagnosed so i'm going to struggle to get backup even though i've been through a process with the doctors and hospitals to try and find out what's wrong with me. People a lot worse than me are failing but people with mental health issues apparently don't even register, is this true? I suffer with anxiety and depression due to my health and was even referred to liason pyschiatry a while ago. I'd expect to go onto esa from doing the esa test online, i have episodes where i go dizzy and nearly fall over and severe fatigue and chronic sinusitis plus breathing/cardio difficulties which combined are pretty debilitating and cause severe distress but i have adapted to it and this is partly cause of the benefits i receive, i don't know how well i would cope if it was taken away due to a semmingly brutal and unfair system. My question is whether i should even include anything physical or just focus on the mental health issues, they are intertwined. I'll have to get help from CAB filling in the form anyway but i've seen the way things are used against people and people with mental health issues don't seem to stand a chance otoh how physically sick do you have to be to pass the medical?! Other people in a similar situation to mine are being failed so i'm expecting the worst. I feel like i should include everything as it will be relevant if it comes to appeal and a tribunal, it's gonna take some effort for me to fill out the forms and any extra information. I'm trying to prepare as best i can for what happens next. Thanks in advance, Teej
  18. I will attempt to be as brief as possible. I am sure a number of my queries have been answered previously, but if somebody could kindly guide me to other links etc it would be greatly appreciated. I will happily post (albeit with peronal info deleted) the final version of my/our submission once completed. In a nutshell my sister is based in the South and has been on IB since 2007 and is now to be transferred to ESA, if she passes tests etc. She is clinically depressed and on bad days stays at home and in bed all day. She is on medication , but because she does not threaten to commit suicide or is addicted to drugs his local mental health service have essentially abandoned hier My folks get her shoppiing and take her meals. Other than that she is a virtual recluse and does not bother washing or dressing. She (and I) have read posts on here and other sites re ATOS etc and my sis has convinced herself just to give in as she is certain that she will score zero points and will not be taken seriously. Further as she has substantial savings ,she's on contribution based IB and thus even if she is transferred she will only obtained a max of 12 months entitlement. I want to help and can fill out her ESA50 and get an advocate to attend an ATOS medical. I have following queries : 1) I get the impression that i will have to overstate or even overly emphasise her disability. I intend to simply focus on her worst/ bad days, as ref to a good day may be misinterpreted. Does that sound sensible or fraudulent !? 2) The two main sections which apply to her on the ESA50 are Sn 13 and 17. Re Sn 13 at worst she does nothing all day, and has even been known to stay in bed all day. She does grab a bit of food , takes some, if not all, her medication , and makes a cup of tea. Would that be considered adequate to conduct 2 personal actions as per Sn13 decriptors? Re Sn 17 as a recluse she does not come into contact with other people regularly , but when she does she can behave in a disinhibited manner. For example in past 2-3 years she was arrested for a public order offence , for which she has medical reports confirming disinhibited behaviour ; she went to solicitor's premise and threw all her files out of the window....and was thrown out of a former golf club ( she doesn't play anymore) for violence towards staff. She also left hierlast job due to her mental disorder and disinhibited behaviour. If described adequately could this warrant a score of 15 points alone? Does she need to obtain another medical report from her GP - problem here is that she never really opens up to scale of her problem to GP, who is more concerned about physical problems....hypertension and insulin diabetes. Will it be a disaster if she does not obtain a detailed report from her GP, which will doubtless be caveated anyhow. I sense i can better describe her ailments as per ESA50 descriptors. How long is typical timeframe between receipt of ESA50 and date of ATOS medical ? Is this timeframe extended if a request is made on ESA50 for assessment to be taped ? I have seen numerous guidance docs on how to fill out Part2 of the ESA50. Anybody know which is most apt for clinical depression suffererers. There's a forum who charge 9.95 pounds to download ESA guide packs - are they really any better than pro bono advice avialble on internet and via this most helpful forum ? I will attempt to be as brief as possible. I am sure a number of my queries have been answered previously, but if somebody could kindly guide me to other links etc it would be greatly appreciated. I will happily post (albeit with peronal info deleted) the final version of my/our submission once completed. In a nutshell my sister is based in the South and has been on IB since 2007 and is now to be transferred to ESA, if she passes tests etc. She is clinically depressed and on bad days stays at home and in bed all day. She is on medication , but because she does not threaten to commit suicide or is addicted to drugs his local mental health service have essentially abandoned hier My folks get her shoppiing and take her meals. Other than that she is a virtual recluse and does not bother washing or dressing. She (and I) have read posts on here and other sites re ATOS etc and my sis has convinced herself just to give in as she is certain that she will score zero points and will not be taken seriously. Further as she has substantial savings ,she's on contribution based IB and thus even if she is transferred she will only obtained a max of 12 months entitlement. I want to help and can fill out her ESA50 and get an advocate to attend an ATOS medical. I have following queries : 1) I get the impression that i will have to overstate or even overly emphasise her disability. I intend to simply focus on her worst/ bad days, as ref to a good day may be misinterpreted. Does that sound sensible or fraudulent !? 2) The two main sections which apply to her on the ESA50 are Sn 13 and 17. Re Sn 13 at worst she does nothing all day, and has even been known to stay in bed all day. She does grab a bit of food , takes some, if not all, her medication , and makes a cup of tea. Would that be considered adequate to conduct 2 personal actions as per Sn13 decriptors? Re Sn 17 as a recluse she does not come into contact with other people regularly , but when she does she can behave in a disinhibited manner. For example in past 2-3 years she was arrested for a public order offence , for which she has medical reports confirming disinhibited behaviour ; she went to solicitor's premise and threw all her files out of the window....and was thrown out of a former golf club ( she doesn't play anymore) for violence towards staff. She also left hierlast job due to her mental disorder and disinhibited behaviour. If described adequately could this warrant a score of 15 points alone? Does she need to obtain another medical report from her GP - problem here is that she never really opens up to scale of her problem to GP, who is more concerned about physical problems....hypertension and insulin diabetes. Will it be a disaster if she does not obtain a detailed report from her GP, which will doubtless be caveated anyhow. I sense i can better describe her ailments as per ESA50 descriptors. How long is typical timeframe between receipt of ESA50 and date of ATOS medical ? Is this timeframe extended if a request is made on ESA50 for assessment to be taped ? I have seen numerous guidance docs on how to fill out Part2 of the ESA50. Anybody know which is most apt for clinical depression suffererers. There's a forum who charge 9.95 pounds to download ESA guide packs - are they really any better than pro bono advice avialble on internet and via this most helpful forum ? Finally, I refer to SN10 - physical symptoms . My sister occasionally has a loss of consciousness due to either hypoglycaemia and /or hypotension (eg a low blood pressure when she gets off the sofa). This may well score high points, but she is paranoid that ATOS/ DWP will reveal such info to the DVLA and this may result in her driving licence being revoked. Also do any members have examples of what specific questions were asked by an ATOS assessor at a medical , specifically in respect of Sn 13 and 17 and/or Part 2 of the ESA50 in particular. Any feedback on above would be greatly welcomed.
  19. ive began to fill in the PIQB Ive searched the internet etc on what is allowed for expenses etc and i cannot find much does anyone have any guidelines on how much is allowed for food etc and is internet allowed etc Im proper stressed up sorry and im on benefits including carers allowance and do i include what my husband pays for loans which are up to date? As i am the sole income via benefits into the house thanks
  20. This may be a rather silly post and as not all of the criteria has been published yet, not relevant. But, I hate filling in those dratted froms. I already have DLA - HRM & MRC, had DLA since 1994. Looking at the new descriptors it looks like I will get 8 points for mobility and 0 for care. I will not be 65 until June 2014 so I will be in the first line to be tested! Anyhow, from what I understand its a bit like ESA, self assessment & an ATOS assessment. If anything like my ESA claim it will be a disaster. I sent the ESA50 back with no info as I just couldn't be bothered and the face to face assessment ended up in a shambles as it became personal - I just didn't like the guy When I get the call up, do I have to fill out their form or could I just send it back with a few comments on it? Do I really have to have any evidence? I don't keep anything and refuse to take the medication etc. GP has given up on me and I was discharged a year or two ago by the consultant as I didn't keep any appointments. Having said all of that I am genuine and have genuine health problems that create care needs and mobility issues. From what I read, like ESA, the DWP will accept the ATOS assessment anyhow, so that will be another disaster as I hate having to explain things and be made to feel that I am a con artist. Unlike the ESA assessment, could I take my wife in with me, as with ESA, the assessor refused her to come in saying that he wanted to hear from me and didn't want a third party interupting the proceedings. Simply put, is it going to be a waste of my time and effort bothering to transfer over next June?
  21. Hi, I'm new to this. BREIF: I am a university student (Claimant) with learning difficulties and purchased a dictaphone last year in August from a disable student education supplier (Defendant). However in March the it become faulty. I wrote several letters to the firm (including a letter of rejecting goods) who ignored them. I then rang them up and they were abusive and rude, however I managed to get to to arrange for them to collect the dictaphone. They then collected the Dictaphone the next day on the 14th of June 2012 in front of a witness and collection receipt provided. I have since been chasing them up for a replacement or refund. They keep messing me around, ignoring my letters, emails and when I ring them, they say there busy and that I'm wasting there time. They can't tell me if they will even return back the dictaphone, although I've rejected it. Hence why I have no choice now but to take them to the small claims court. N1 FORM QUESTIONS: 1) I took photos of the dictaphone before it was collected, can I use them as evidence in court? 2) How do I submitt the N1 for? Do I make 3 copies? 3) How can I prevent sending evidence to the Defendant? 4) How do I seal the form? 5)How do I attach the evidence (witness statement, receipts and photos) with the form?
  22. Due to many different reasons I have failed to send in tax returns for a number of years for a very small scale business turning over maybe £6000 that as now gone bust. Iam now under pressure to get these f filed in and sent off ,but I certainly cant afford to pay an account to sort this out,my knowledge of filling out taxi returns is low to say the the least and I dont want to get it wrong. Can someone run me through the procedure so I can get this matter cleared up. cheers Ian
  23. My van was damaged when it was towed away by removal company, they do not seen to want to pay for the damage, so we went to small claims court. The problem was that the address was filled in wrong, when I enquired about the case, I was infromed that it was stayed. In order to lift the case and enter the judjment I now need to fill in N244 form. I am stuck with a few fields... Can anyone help me please... sorry for a couple of spelling mistakes... What do I fill in in no3 Box 'What order are you asking the court to make and why'... Do I need to attach a draft and what is it... What level of Judge do I need.... What information will you be relying on... What do I write in no10 box...
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