Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

returning to U.K from abroad, refused jsa


tinkerbb2
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4814 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Can anybody help, I returned to the u.k , after 2yrs 3 months abroad but from within the EEA. I am an Irish citizen who previously

lived and worked in the u.k for more than 21 years, always paying full stamp, left in September 2008.

I have been told by a doctor to get back to Ireland and now learned I have been refused JSA as I have been living abroad,

this is after weeks of being messed about, since December 8th. I have been told this news today, that the claim will have to be appealed, but can't even start that until I receive the letter, which should be in 3 - days.

the housing benefit people have been very good and approved my claim, they say they are just waiting to see which department is going to pay me something.

The crisis loan people have also helped, I have had 2 payments, £70 and £80 for 4 weeks

Could this mean I will get nothing from anybody ? Where are these rules about not being entitled because you lived abroad for a

time ?

I am worried sick as I have never claimed any benefits before and have been treated like a criminal.

Any information or advice please

Link to post
Share on other sites

What reason did they give you?, Throughout all this waiting they just keep saying, it's because you went abroad for a couple

of years. So if you go to spain for e.g and try and open a bar or find work and it fails you come back to nothing? Yet if you are Spanish for e.g and come here, never having lived here before, you can claim !

Cannot find any rules anywhere that say you are not entitled to benefits if you have lived abroad, have been told verbally that it is because the government think that as soon as you get benefits you are going to return to that other country. so anybody in this category is being targeted.

Does anybody know about these rules, please

Link to post
Share on other sites

The rules governing benefits for people who have lived abroad or who are EEA citizens are complex, and to be honest, I'm a bit rusty. Basically people from outside the EEA are subject to special immigration rules and have to have certain types of residence in order to qualify for benefits. For UK citizens ans people from within the EEA (european econonmic area), the rules are slightly different for different benefits, but people from the UK and EEA citizens are subject to something called a habitual residence test, where you show that you are habitually resident in the UK - this usually means proving that you have have been here for a period of time (not specified in law, but in practice, anything from weeks to a few months) and have a settled intention to stay. You have stated that your doctor said you need to get to Ireland - if so can you prove you have a settled intention to stay?

 

There are other provisions and exemptions to the habitual residence test that might have been tried under European Law - as you are an EEA national, being from Ireland. But with the one I'm thinking of, as you've been out of the UK for more than two years, it wouldn't apply - also I'm not sure whether the laws governing your right to stay as an Irish citizen trump the EEA laws.

 

The end result, in any case, is that you need to appeal. Give evidence of how long you've been in the UK and settled intention to stay - ie did you give up your home, bring all your possessions to the UK with you? Do you have school age children? If so are they with you and attending school here? Do you have family ties in the UK? Have you rented a property on a long tenancy ? Anything you can provide to help your case will be useful. From what I remember, making repeated claims is also a good idea - maybe every 4 weeks until they decide you're habitually resident. If possible find a benefit adviser with experience of the habitual residence test to help you.

 

Sorry if I'm a bit vague, but its a complex area of law, and I'm a bit rusty.

 

Also, please don't think you're being treated like a criminal. Any UK citizen who lives abroad for any period of time and then returns to the UK to claim benefits is subject to the same thing.

Link to post
Share on other sites

Thank you for that leemack, I think the fact I am Irish seems irrelevant as this also applies to u.k citizens,

As for the doctor incident, i have a hip replacement, done when I was only 45, (now 50) and she accused me of

being in the u.k for a free, expensive , operation , despite explaining I did not want the other one replacing, she

told me to go back to Ireland to have it done, needless to say I registered with another doctor.

I have come back alone , my wife has elected to stay abroad, she does not want to live here and could not afford

to on her pension, I have no children and no home.

I have been signing on now for 5 weeks.

What I would like to know is what do I do now, can I claim any benefits at all, or am I expected to live on nothing,

does this mean that my N.I contribution for the year ending 2009 count for nothing

Link to post
Share on other sites

You need two years contributions in the two tax years before the benefit year in which you made your claim. The two years that apply to you are 08-09 and 07-08, but you said you left in September 08, in which case you may not have made enough contributions in 08-09 year - there is a threshold of contributions that you have to meet.

 

If your claim was refused, I assume your not signing on at the moment? If so, I would make another claim. Repeated claims can show a settled intention to stay, and it has been 5 weeks since your last claim.

 

You say you have no home, but you talk about claiming housing benefit, surely you need a place to live in order to claim. So where are you living at the moment?

 

Sorry to be personal, but have you separated from your wife? Showing that your way of life broke down where you were living causing you to move back home can be important information for your appeal. Also if you're not separated that can affect your claim.

 

Until you do get jsa awarded, crisis loans are your only option.

 

The bit about being an Irish citizen, is that there are laws governing your right of residence as an Irish citizen and also laws governing right of residence as an EEA national. For a UK national the UK laws trump the EEA ones, which means that in some areas the law is more favourable to EEA citizens than to UK citizens. I'm not sure whether your right of residence as an Irish citizen or rights as an EEA national take precedence. The particular rule I'm thinking of is that an EEA national with permanent right of residence doesn't lose right to reside if they leave the country for less than two years, and in this case would be exempt from the habitual residence test. This is an area where EEA regs are more favourable than UK law, as UK citizens aren't exempt from the habital residence test. But as I said it doesn't apply to you as you were out of the country for more than two years.

Edited by leemack
Link to post
Share on other sites

Thanks leemack

years 2007/8 I worked the full year, 2008/9 i worked right through until September 10th, do you know the threshhold ?

Sorry,I meant I dont own a home, I have rented a flat and have a tenancy agreement for that, the housing benefit say they are going to pay

me, I just have to give them an up to date bank statement from that address.

Apparently as R.O.I is part of the Common Travel Area, this gives me the right to reside.

The Crisis loan has now refused any more money pending an appeal, the J.centre have advised to collect the appeal form

from the Citizen's advice centre and take it back to them with a new claim, the lady was non-commital as to whether this would be back-

dated.

So now I have to wait for the letter, I don't know whether I will get anything for this wasted time, I owe the crisis loan place £150. not

to mention friends I am indebted to. So if I should happen to get very lucky and get a job next week, would this invalidate claiming for this period?

 

Apparently this ruling came out about 10 years ago, so it is not new. In other words, they act on the premise that we are liars, we have to stay here,

penniless for a period of time, to prove otherwise.

Link to post
Share on other sites

I don't know the thresholds I'm afraid.

 

How long is your tenancy agreement for - this can be evidence of a settled intention to stay.

 

You can appeal the crisis loan decision. You need a decision in writing, and get a fax number so that you can fax your letter over, you first ask for a review of the decision, and if that isn't succesful, you ask for a further review by the independant review service. The DWP generally do the initial review within 24 hours. It might be useful if you approach your local CAB for assistance, or local welfare rights - they can help you argue these issues.

 

And as I said - reapply for JSA.

Edited by leemack
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...