Jump to content


  • Tweets

  • Posts

    • I will annotate the message I sent for the forum.  Sorry, didn't see this straight away...
    • I went back to the area, this photo is taken on entry. My vehicle was parked in the first space on the left.    Would you say there is sufficient signage ? It’s different to the street view as one sign is missing. The sign nearest to where I parked is 2.23m above ground! So even if the car had been reversed parked in front of it, I don’t think it could be seen. PCN PPM.pdf
    • Thank you. I expect that @dx100uk will be along soon to give advice. Meanwhile, I really wonder whether the default date – as being the starting point of the six years – something which has been decided in law. It has always seemed to me to be extremely unfair. According to the limitation act, the six year period begins from the date on which the cause of action accrued. This normally means that the breach of contract occurred. Section 6 of the limitation act says that in terms of loans, the cause of action begins on the date that the debt was "demanded". Over the past two years this has come to mean the date that the default notice was issued – but I have to say I don't find that very satisfactory. If you received demands for payment before then then I don't see why section 6 shouldn't refer to that date. Did you not receive any correspondence at all in 2017/2018? What was the value of the original loan – and how much you pay off? I see that there was some kind of instalment agreement. Tell us about that. See what my colleague @dx100uk says but anyway, if I were you I would send off an SAR immediately both to the claimant and also to the original creditor. It costs you nothing. There is no downside. Get in the post straightaway with some kind of utility bill establishing your identity. You can even include a copy of the claim form as well as proof of your identity
    • £749.69 court fee £70 legal fee £70 total £889.68 MyJar TM.pdf
    • Please read and complete the following posting your responses back here for further advice. Topic title amended.   .     .
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 161 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

Savings and income support


Westie1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4740 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

Hi

I receive income support (as well as other benefits due to a spinal injury). I also have an endowment mortgage which I am looking to change to a repayment mortgage. This will result in me cashing in my endowment policy which will pay out £13500. I am going to replace my car, pay off a few debts and do some long overdue house improvements, all of which will reduce the ammount left to about 5 or 6 thousand. What I need to know is do I need to inform the benefits agency about this, and if so, what will happen? I will be spending the money within a week or 2 of receiving it.

Your advice will be very much appreciated.

Thank you

Link to post
Share on other sites

Once you get the £13500 you will need to inform them as until it is under £6k your benefits will be cut.

 

Paying off debts etc could be seen as deprivation of capital, depends on the nature of debt/ spending

They can also look as you buying a car home improvements, depending on price and need.

 

Not reporting it could be seen a fraud.

Link to post
Share on other sites

Paying off debts etc could be seen as deprivation of capital, depends on the nature of debt/ spending

 

If it's minimum repayments, it's fine. There's something about how if it's got to the stage where it's reached court and it must be paid off (ie, £1000 of unpaid council tax) that's reasonable too.

 

You need to keep receipts of everything you buy.

 

Any car / home improvement stuff needs to be seen as reasonable. This would depend on your disability too.

Link to post
Share on other sites

Thanks all

 

I have decided to apply the endowment directly to the repayment mortgage, which is what the mortgage company wants me to do anyway. The endowment is assigned to them, but they are willing to release it if I insist. At least this way, the money (which was never going to be life-changing) will be assigned to its original purpose.

 

Thanks for the good advice, as always.

Link to post
Share on other sites

That may still be seen as deprivation - unless it's minimum repayments.

 

I agree.

 

As the OP was thinking of using money elsewhere, that would show that it doesn't have to go into a repayment mortgage, so deprivation could still apply.

 

When the policy is cashed in the OP has a duty to inform DWP.

Link to post
Share on other sites

Good grief

It's probably going to be better to just leave the whole thing as it was. I don't think I can cope with the stress of explaining it all to the DSS. I think they will think I'm trying to fiddle them, which I'm not. I only started looking into this because my endowment is going to be about £15k short when the mortgage finishes in 9 yrs time, so I was looking to change the mortgage to a repayment one as there is no way I will be able to find the shortfall. As things stand we will need to sell the house and either live with our elderly parents or rent.

This has been quite a learning curve, thanks again for the advice, glad I didn't just go straight into it.

Edited by Westie1
Link to post
Share on other sites

You have to be so careful :(

Example

You could buy a £20k car with HP

but if you borrowed it from a bank, and had access to money before you bought the car (say money was transferred into your account) then the £20k would be classed as capital.

Then buying the car could been seen as deprivation of capital.

Link to post
Share on other sites

I only found it out on this site, something I wouldn't have thought about.

 

Another thing I leant, if someone's parents were helping a person out by putting £50 per month in their bank to help pay bills, this could be classed as income and benefits could be reduced.

 

Being on IS is a minefield (I'm on it myself), so I'm trying to learn the different rules so I don't fall foul of them, and also share what I have learnt.

 

EDIT

People with much more experience than me do read the threads, and all comment if they don't agree with me.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...