Jump to content


  • Tweets

  • Posts

    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
  • Our picks

Hacked_Off

job centre/council housing benefit

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3651 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Does anyone know if the job centre are supposed to inform the council when you sign off?

 

They do when you sign on so surely the opposite applies?

 

Everytime ive signed off the job centre have informed the council. but this time they havnt which of course is my fault!!

 

everyother time ive bene in each week with payslips but they always get confused. So this time ive waited and brought them all in one go.

 

last time it took 3 months to sort out , 27 letters and many many many visits.

 

sometimes i wonder if its even worth working...:mad:

Share this post


Link to post
Share on other sites

When you close your claim to JSA the system usually notifies the council that entitlement to benefit has ceased but you should always notifiy housing benefit yourself as its a change of circumstances to your claim to housing benefit and it is down to you to make sure the council know about any changes that may effect your HB

Share this post


Link to post
Share on other sites

well he insisted it had nothing to do with the job centre. Ive done it before were ive gone in straight away with a payslip only to recieve a letter telling me i have 7 days to provide another 4 (apparantly i can travel in time) . so this time ive waited until i hav them all. I said to to him wel seeing as i signed off on the day i got my housing benefit through technically the payemnt i just got is correct because its paid 4 weeks in arrears! i have the same argument everytime....the always convieneintly forget the 4 weeks in arrears...

Share this post


Link to post
Share on other sites

so ive had my letter back today witht he amount of benefits i will be getting. I worked out i have been overpaid from ladt times payment by a week (£55) . Yet on the letter they have worked out £176.64. This is completly wrong. I have the same argument with them every time i sign off, its paid for weeks in arrears..They also seem to think they have over paid my council tax by £304.76 ???????? Id love to know were they get there figures from. They are giving me £10.84 housing benefit a week and 90p council tax:mad:. I used to work 22 hours per week and got just under 35 a week housing benefit. I am know doing around the same give or take a few hours each week so id love to know how theyve worked this out. What next? appeal?complain? not that either will work..

Share this post


Link to post
Share on other sites

ps the online calculator says i should get £25.39 housing benefit and £3.15 council tax

Share this post


Link to post
Share on other sites
Guest wino

My brother signed off as he had found a tempory job.

He was working for 3 months paying off various debts. Then he went to his council rent office and said. "I know I am 3 months in arrears can you give me the total figure as I want to settle the amount" He was told he didn't owe anything as it was all up to date. His rent previously was paid by housing benefit directly. He assumed it had stopped when he signed off but it didn't.

The council said they would look into it and get back to him.

 

The next week he received a letter accusing him of benefit fraud. He had to attend a meeting under caution He explained the situation and was told it was up to him to inform them that he no longer required housing benefit and was told the fraud would stand and to pay the 3 months back.

Share this post


Link to post
Share on other sites

The whole thing just makes no sense to me. When you sign on, the Job Centre inform the council. So i dont understand why the referse isnt happening AND why has it been done every other time ive signed off:confused:

 

I should of kept my mouth shut but im being punished now for being honest and having the cheek to work!!!

Share this post


Link to post
Share on other sites

You claim JSA from DWP and sign on at a jobcentre. You claim housing benefit and council tax benefit from the local authority, which is a seperate entity. The staff within DWP can inform the council that you are no longer receiving JSA but it is not their responsibility to tell them, as they are not the claimant. The onus is on the claimant to inform of a change of circumstances.


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)

If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post

:)

 

 

 

 

[sIGPIC][/sIGPIC]

download the CAG toolbar

 

Share this post


Link to post
Share on other sites
Guest wino
You claim JSA from DWP and sign on at a jobcentre. You claim housing benefit and council tax benefit from the local authority, which is a seperate entity. The staff within DWP can inform the council that you are no longer receiving JSA but it is not their responsibility to tell them, as they are not the claimant. The onus is on the claimant to inform of a change of circumstances.

 

 

Why are the claiments not told this when they sign off?:confused:

Share this post


Link to post
Share on other sites

I've been temping and doing rapid reclaims. When I sign off JC ask if I want to continue HB claim to see if I'll still get help. If I say yes, they seem to tell Housing Benefit. If I say No, then I don't think they do.

 

Housing Benefit say I've been overpaid. They're currently getting my earnings from agency. I think they said they're going to average it out over a 5 week period to see if I was entitled to benefit or not on the weeks I didn't work. Doesn't sound like I'm automatically entitled to Housing Benefit on the weeks I got JSA, but not 100% sure yet.

Share this post


Link to post
Share on other sites
Why are the claiments not told this when they sign off?:confused:

 

I couldn't say, I would assume because the jobcentre staff are not trained in the administration of council benefits and possibly assume that their information would cancel the claim. They possibly don't know that the claimant has to inform the council, but the claimant should know this in any case, as it is a condition of receiving the benefit that the claimant reports any change in circumstances.

 

The DWP will inform the council at some point if they are aware the JSA claimant was receiving HB/CTB but the onus is on the claimant to inform the council of any change of circumstances. They agree to inform the council of any changes of circumstances as and when they happen, not the jobcentre.

 

When I cancel a direct debit at the bank, I also cancel the service with the company the direct debit was for. They won't be able to get their hands on my cash as the bank won't issue the payment and will tell them the direct debit has been cancelled, but that wouldn't stop the company biling me for the service if I haven't cancelled it.


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)

If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post

:)

 

 

 

 

[sIGPIC][/sIGPIC]

download the CAG toolbar

 

Share this post


Link to post
Share on other sites

This makes no sense to me! When i sign on the Job Centre inform the Council. So why doesnt the reverse apply. Imagine how many people are claiming more HB than they should. PLUS every other ime ive signed off the Job Centre have informed them. So wh is it different this time. I didnt tell them straight away because they get confused, cock up my claim which last time resulted in me getting sacked and very nearly evicted. But anyway like i said before ive used there OWN online calculator using there own figures and i should be getting more!!

Share this post


Link to post
Share on other sites

When you received your decision notice from the council, it would have informed you of your duty to notify any change of circumstances which might affect your entitlement to, or the amount of housing benefit, and to notify changes of circumstances, and the kind of change of circumstances which should be notified.


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)

If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post

:)

 

 

 

 

[sIGPIC][/sIGPIC]

download the CAG toolbar

 

Share this post


Link to post
Share on other sites

The DWP computer does usually send an end of entitlement notification to the L.A system but this may on occasion not occur or be picked up by the L.A for some reason

 

Its up to the customer to make sure that the L.A is notified that benefit has ended.

If benefit has ended then that means Housing Benefit has ended or needs reassessing

due to the change in circumstance for what ever reason

 

and it quite clearly states on the housing benefit application form that its up to the applicant to report any changes that may effect entitlement to housing benefit to the council themselves

 

Erika got in first :)

Share this post


Link to post
Share on other sites

I never saw a housing benefit claim form - JC did it for me with my Jobseekers claim, so assume lots of people never see the form so don't know they are supposed to tell Council themselves. It does seem like there is a gap in the system here.

Share this post


Link to post
Share on other sites

Section 88 of the housing benefit regulations.


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)

If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post

:)

 

 

 

 

[sIGPIC][/sIGPIC]

download the CAG toolbar

 

Share this post


Link to post
Share on other sites

Right sorry, Decision Notice, we all get those. We just read the bit where it says how much we have to pay!

 

Jan

Share this post


Link to post
Share on other sites

yep it does state on all letters at the bottom in big letters to inform them BUT like i said people could easily just say nothing and get the full award. As always the system doesnt benefit the honest!

Share this post


Link to post
Share on other sites

If you look out a copy of your decision notice, there should be a bit on there about your obligation to inform them. If not, there should be, in accordance with Schedule 9 part 2 of the regs (for JSA(IB) or IS claimants)


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)

If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post

:)

 

 

 

 

[sIGPIC][/sIGPIC]

download the CAG toolbar

 

Share this post


Link to post
Share on other sites
The DWP computer does usually send an end of entitlement notification to the L.A system but this may on occasion not occur or be picked up by the L.A for some reason

 

Its up to the customer to make sure that the L.A is notified that benefit has ended.

If benefit has ended then that means Housing Benefit has ended or needs reassessing

due to the change in circumstance for what ever reason

 

and it quite clearly states on the housing benefit application form that its up to the applicant to report any changes that may effect entitlement to housing benefit to the council themselves

 

Erika got in first :)

 

EXACTLY my point is somebody isnt doing there job properly as usual. The bloke i spoke to in the council insisted the Job Centre dont do it. Yet he couldnt explain why they had every other time!

Share this post


Link to post
Share on other sites

I've done lots of Rapid Reclaims and they always ask, whether you're signing on or off, about Housing Benefit & C Tax. This does lead you to believe that they will tell the Council, or why bother asking the question?

Share this post


Link to post
Share on other sites

oh an di just checked. Last time i signed off and went into the council straight away to inform them. In total i have 36 letters full of mistakes!!! so i tell them straight away and they make mistakes. i tell them late and they still make mistakes. So what can i do? either way im jiggered!!!

Share this post


Link to post
Share on other sites
I've done lots of Rapid Reclaims and they always ask, whether you're signing on or off, about Housing Benefit & C Tax. This does lead you to believe that they will tell the Council, or why bother asking the question?

 

EXACTLY:cool:

Share this post


Link to post
Share on other sites
I never saw a housing benefit claim form - JC did it for me with my Jobseekers claim, so assume lots of people never see the form so don't know they are supposed to tell Council themselves. It does seem like there is a gap in the system here.

 

Ive seen the form, once! This was when the JC didnt send it off and yet again it took months to sort out!

Share this post


Link to post
Share on other sites

My JC do seem to have always told Council where I am up to. My overpayment was only for 2 weeks and comes from where they didn't keep up with me as their systems are quite slow. I sent them a letter telling them dates I had and hadn't worked so they're going to sort it out now by writing to agency and then averaging wages out from what I can tell.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...