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    • get rid of the car and sue under a scottish claim for transportation costs.
    • nothing new always been that way for 25+yrs now i had voip lines with NTL back in the late 90's which is why a real trucall box or a handset with real truecall software in it is SO good.   on average i get about 25-35 of these calls a month NONE get thru  the ones that spoof UK or mobile numbers are still screened are easily dealt with the truecall system   if they are real, the only thing they have to do is speak and you get an alert ring to listen to whom call with the option to accept or ZZapp them. once zapped that number never gets thru again.   its worthy to note that the scammers only ever use disconnected numbers, or fake numbers after a known local UK dialling code well the truecall software already knows these numbers as it gets the same databases the scammers use. if the number doesnt come up on the fake/disconnected list, it also then checks if the UK number is listed active UK and will auto put people thru   very clever little device worth every penny and mine is from 2006 when i joined CAG.
    • No the info on comms log isn't quite right,   I hadn't worked since Xmas due to bereavement but I wasn't staying in Somerset since the Xmas. The comms log is very deceitful indeed and after I had finished evaluating it fully I came to the conclusion MB are very manipulative, they lie, cheat and twist the truth, but it only takes the slightest slip up and everything crumbles.   You see in order for MB to have taken any further steps they have to be entitled to take them. So when they lie and try to deceive the truth prevails 😊, so to send a copy of a Default Sums Notice dated 15/1/17 that doesn't exist on the log anywhere and Ive never had the original and then fail to include one in the SAR that is listed on the log as generated on 18/1/17 (not had this one either)  doesn't the consequence of that 1 act prevent them from any further action until the notices are served    86 (e) Notice of default sums (5)If the creditor or owner fails to give the debtor or hirer the notice under this section within the period mentioned in subsection (2), he shall not be entitled to enforce the agreement until the notice is given to the debtor or hirer.       But I am reducing the complaint and sticking to basics
    • keep to recent threads/ifo.   things have changed since the new Conc rules replaced the old rubbish a debt owner must either put up or shut up did you not read the SB letter yourself?      
    • cnt see any indication of what the devil the IVa company were upto in court just because the IVA failed. i can see it was done thru PayPlan, bit it wouldn't have been payplan that did it some fleecing mob like Harrington Brooks or alike.  
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      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
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      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
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My partner has serious health problems following chemo and radiotherapy (as well as some serious mistakes during his treatment) all of which took place around 10 years ago.

 

He has ALWAYS worked even though he has struggled.

 

Last September his health took a serious dive and our GP has told him categorically he is not allowed to work.

 

He has now moved in with me and we have applied for disability allowance and ESA.

 

I am currently on long term incapacity benefit.

 

We have just had back a letter about his ESA to tell us he is going to get £11.15 a week :S

 

Surely there is some mistake

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Okay, we have a little more information now, in that the DWP only take the last 2 tax years into account when calculating NI contributions, so even though he has paid into the system for 18 years, that is now irrelevant. The fact that he didnt claim benefits when he has been ill over the last 2 years, preferring instead to use his savings goes against him.

 

I really need some advice on where to go with this, we have contacted our MP, and SSAFA, but have no idea what to do next.

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For a contribution based claim the DWP will look at the three tax years prior to the benefit year, known as relevant income tax years (RITY's). In your case the benefit year is 2009, so the RITY's used will be 05/06, 06/07 and 07/08.

 

In order to get ESA© (contribution based ESA) you will need to satisfy both the FCC (First Contribution Condition) and the SCC (Second Contribution Condition).

 

The first contribution condition.

In order to qualify for contribution based ESA you must have:

 

  • actually paid Class 1 contributions in one of the three last complete tax years on earnings of 25 times the lower earnings limit for that particular year; or
  • 25 Class 2 contributions in any of the three last complete tax years; or
  • a mixture of Class 1 and Class 2 totalling 25 in any of the three last complete tax years.

Class 1 National Insurance contributions are paid by employed people as a percentage of their earnings. Class 2 NI contributions are paid by self-employed people at a standard weekly rate.

The second contribution condition.

In addition to meeting the first condition you must also have paid (or have been treated as having paid) Class 1 or Class 2 contributions amounting to at least 50 times the lower earnings limit in each of the two relevant tax years.

The relevant tax years are those that precede the benefit year in which the claim is made. To make things a little more complex, the benefit year runs from the first Sunday in January whereas the tax year starts on April 6th.

Contribution credits count as Class 1 credits and can be used to help you meet the second contribution condition. You are credited for each full week that you receive-

 

  • incapacity benefit or
  • employment and support allowance or

  • statutory sick pay or
  • severe disablement allowance or
  • income support due to incapacity for work or
  • maternity allowance or
  • jobseeker's allowance or
  • carer's allowance or
  • adoption pay

Most claims are assesed for ESA© and ESA(IR) (income related), should you fail to satisfy the FCC and SCC then the claim will be ESA(IR). With ESA(IR) all other income, together with capital between £6000 and £16000, is taken into account. Presuming you have claimed as a couple, then your IB income will have been deducted from the ESA(IR) applicable amount hence the £11.15 per week our partner has been awarded. Had your partner been awarded ESA© then your income would not have affected their amount of ESA©

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

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This is the bit we dont understand, because firstly they have said they are only looking at 2 years (tax year ending apr 2007, and apr 2008) and also the tax year ending Apr 2007 he worked, as an employee, for near enough the full tax year (he ended March 07) earning in excess of 50K a year.

 

We have contacted the tax office and they are sending him a full breakdown of all the NI contributions he has ever made.

 

What is the lower earnings limit?

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For 07/08 £87.00, for 06/07 £84.00, for 05/06 £82.00

 

If your partner finds from HMRC that he paid enough contributions to satisfy the FCC in any one of the three RITY's, appeal against the decision made. FCC looks at the previous three RITY's and the SCC the previous two.

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

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I'm confused, so in order to satisify SCC you have to have paid 50 times £84 / £87 NI?

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I thinkthis is the level of earnings per week to qualify for NI credits but someone more knowledgable will probanly be along later.

Also you may already have done it but browse thr forum to help with applying for DLA. Good luck

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I'm confused, so in order to satisify SCC you have to have paid 50 times £84 / £87 NI?

 

Yes, or treated as, having paid 50 times LEL, £4200 and £4350 respectively. NI credits gained from benefit claims will count towards this.

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

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That would mean that anyone earning under 40k wouldnt be able to claim contribution based benefits, because they wouldnt be earning enough to have paid that amount of NI.

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£4200 not £42000

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But to have PAID £4200 of NI, you would have to be earning in excess of £40k

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No I think you can earn this amount before having to pay NI but still build up contributions Look at this sitehttp://www.hmrc.gov.uk/rates/nic.htm

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Lower Earnings Limit (LEL)

This is the minimum level of earnings that an employee needs to qualify for benefits, such as Retirement Pension and Jobseekers Allowance. If an employee’s earnings reach or exceed this level, but do not exceed the Earnings Threshold, they will not pay National Insurance contributions but will be treated as having paid them when claiming benefit. For this reason, you must keep details of an employee’s earnings at or above the LEL on a form P11 or equivalent record and report them at the end of the year on a form P14.

Earnings Threshold (ET)

When the earnings exceed this level National Insurance contributions become payable by the employee and employer.

Upper Accrual Point (UAP)

The UAP is set at £770 a week, £3,337 a month, and £40,040 a year. Employers and their employees who are members of contracted-out occupational pension schemes pay NICs at the reduced contracted-out rate up to the UAP only. They then pay NICs at the higher standard rate on the employee’s earnings between the UAP and the UEL.

Upper Earnings Limit (UEL)

Where earnings exceed the UEL, the employee pays National Insurance contributions at 1 per cent on those earnings above the UEL. The UEL does not apply to employer’s National Insurance contributions, which are payable on all earnings above the Earnings Threshold, including those above the UEL, at the appropriate rate.

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Ahh right, so the £4200 is what you need to have earned not what you need to have paid.

 

Cool cheers.

 

They've definitely messed up but we'll know for sure when we get the info from the Inland Revenue.

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Halifax Bank Claim filed and settled

Halifax Credit Card settled

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Halifax Credit Card

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Capital One

Moorcroft (Argos)

NDR

18/06/09

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