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    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. 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 understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
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Hacked_Off

job centre/council housing benefit

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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:

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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

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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...

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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..

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

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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.

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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!!!

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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.

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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:

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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.

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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

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(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

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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!!

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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

:)

 

 

 

 

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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 :)

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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.

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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

:)

 

 

 

 

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

 

Jan

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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!

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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

:)

 

 

 

 

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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!

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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?

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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!!!

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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:

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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!

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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.

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