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    • Any update here?  I ask as we have others now taking on CPM.
    • I am sorry about getting your status mixed up.  I have noticed one thing in your excellent WS. On their claim they are only pursuing you as the keeper-I think it is  in their Point C that  states along the lines of -the driver did not pay , so the keeper is liable. So on your No keeper Liability section  You may prefer  to alter 13 to    . It is trite Law that the driver and the keeper cannot be regarded  as the same person and the claimant has failed to offer any proof who was driving.  BY  only pursuing the keeper  when the PCN does not comply with PoFA must mean that their claim fails. See what the Site team thinks as it should  stop the Judge from looking at who was driving as your statement preempts them from even thinking about it.
    • What would suffice as proof? I just emailed them back my date of birth. Should I send a copy of driving licence? 
    • Which Court have you received the claim from ? Northampton   MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?   If possible please scan redact and upload a full page copy of page 1 of the claim form.   This has been uploaded in my previous messages in the bundle of documents     Name of the Claimant ? Asset Link Capital (NO5) Limited   How many defendant's  joint or self ? Self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to./   14/02/2020   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Not relevant as his claim was set aside, and has now been brought to the court again by the claimant       Particulars of Claim   What is the claim for – the reason they have issued the claim? Please see bundle of documents in previous thread   What is the total value of the claim? £10,734.1    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes - this is one of the grounds for getting it set aside   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ?  Apparently 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I do not recall entering into an agreement with Barclays   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  It was, but it is not anymore   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Asset Link   Were you aware the account had been assigned – did you receive a Notice of Assignment? No - although they have provided a copy of the assignment notice in their bundle of docs for the hearing   Did you receive a Default Notice from the original creditor? I don't remember - but again a copy of a letter has been provided (see bundle on previous thread)   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No    Why did you cease payments?  2015   What was the date of your last payment? December 2015   Was there a dispute with the original creditor that remains unresolved?  I wrote to Barclaycard back in 2015 to ask them to send proof of the original agreement but they just sent me a reconstituted document which had no personal deals on relating to me   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes - step change took control and set up payments of £1 pm
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Will we lose Council Tax Benefit and other worries


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Hello, and thanks in advance for any help and advice you can give us.

 

We are a couple claiming benefits. I get a small state pension, pension credit and my husband gets IB, so we get the full council tax benefit.

 

But from June this year I'm going to get a share in my ex-husband's work pension, around £410 a month I'm told. I want to know how that will affect my benefits and especially council tax relief.

 

I'm over sixty and on a state pension of only £36 a week, topped up by Pension Credit of £71 (which means we have our council tax paid). Also I do get the lower rate of mobility and care DLA (from August this year) but I know that isn't affected by other benefits - I say that for completeness.

 

I should say that, at first I claimed benefits as a couple, but after a while they stopped this and made us claim as separate people. I don't know why. But when my husband did then claim his IB separately we were in fact better off - before, it was not worth his while claiming it as they'd only deduct it as "income".

 

Anyway, my husband (aged 46) cannot work and is on Incapacity Benefit of around £94 a week. With these benefits we rarely make ends meet and I have to pay for extras like the car MOT with savings. (which are under £5000)

 

But when I get a share in my ex husband's occupational pension, I guess this will mean I'll lose all my pension credit, including council tax benefit, and also possibly my husband's Incapacity Benefit. But I don't know for certain.

 

What I've read online is so complicated that I don't know what to claim to achieve the best income. (Added to this of course I'm annoyed that when at last I'll have a bit of money coming in, I have to sacrifice it for the sake of the benefits. So we won't be any better off, probably worse.)

 

Can anybody tell us if he will lose his IB, and the council tax benefit? What would be the best combinations to apply for, and is there anything we are missing?

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Without seeing a full breakdown of your complete finances, no-one here could advise you. that is why there are people trained at the Pension Service and the Council to calculate this. Additionally, I'm not sure posting a breakdown of your finances on a public internet page would be wise.

 

Your husband will NOT lose his Incapacity Benefit however, as Incapacity Benefit is not a means tested benefit. It is payable on circumstance, not income.

 

A good way to get an idea is to put your details into here to calculate it: Start Calculation (click on the blue link)

 

This will ask you to enter your financial details - it does not request any personal details such as name address or anything like that - only finances to perform a calculation of how much you may be entitled to. It is however only a guide.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thanks for the link! That was very useful. I've been thinking about what you said - that we won't lose the IB because it's not means tested... I'm not sure that is correct, as at first when I had a small monthly allowance from my ex-husband that counted as income, my hubby - although entitled to IB - couldn't get any money.

 

We were also told, there was "no point" his claiming it as the DWP would only deduct it from MY benefits calculation in any case, and I'd get less.

 

So it does seem that - whether a joint claim as a couple or singly - my income is taken into account and if it's over the £198 limit we will lose out. But I'm still not sure.

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Do you get guaranteed pension credit? If so you will contine to receive full council tax benefit - that is all the council will be interested in.

 

Your income information is given to the council by the pension service so as long as they know what is going on you have no need to worry.

 

Not sure what kind of pension credit you are receiving - a lot of people are not sure about this. It is possible to get guaranteed and savings pension credit. To put your mind at rest call the pension service and ask them.

 

Hope this helps :)

 

 

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Do you get guaranteed pension credit? If so you will contine to receive full council tax benefit - that is all the council will be interested in. :)

 

At the moment I DO get pension credit BUT that will disappear in June when this new occupational pension kicks in - hence my question.

 

Since I last wrote, I have read that the IB counts towards council tax benefit IF it's the long-term (over 52 weeks) type, which my husband does get, so that will be okay, but I still don't know if they will deduct HIS "income" (IB) from MY "income" and if both combined are over the £198 limit tell us he can no longer draw his benefit even though he's entitled to it. That is what happened to us before.

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YEs, Incapacity benefit can be counted as income and can affect other benefits you can get, however, Incapacity Benefit in itself is not means tested - it is not payable dependant on income.

 

So yes, his IB could affect your entitlement to benefits but your income will not affect IB.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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  • 2 years later...

Hello,

 

I see this was a while ago, but I'd be very grateful to know the outcome as my parents are in a similar position.

 

My parents receive pension credit, which is divided up between bills, to the tune of £51 per week. However, my mum will soon be receiving a small private pension which she has been looking forward to for a long time as they really struggle. However, it has dawned on us all that in fact, not only will they probably (?) lose the pension credit, but they may have to pay council tax and even the rates fixed for the bill payments may change (pension credit of £51 covers electricity, gas, water and mortgage interest rate). Is it possible that they may actually be worse off??

 

The cruel irony of all this is that my mum worked hard over the years and often had to bail my dad out, who is terrible with money. They currently have not very much, but she is relatively independent with her money (state pension). Now, it seems, she is going to be bailing him out once again.

 

Any information/advice gratefully received

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