Jump to content


  • Tweets

  • Posts

    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
  • 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 3652 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...