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    • I have recently found myself in financial difficulties and with the help of forum members in another thread regarding this, I think I can get myself sorted. My query here is how to deal with a Cifas marker that has been logged against me by one of my creditors for "evasion of payment". Admittedly yes I did get a £5000 loan with them and have not paid any payment but at the start of the year, which is when the loan landed, I realised I was going to be struggling to repay that and other debts and I contacted MCB to ask if there was any way I could extend the loan from 24 months to 36 months. I explained my situation and that I was going with a DMP and asked them if they could help me with this. They did not reply. I then emailed them again a month later explaining that my DMP was going ahead and could they confirm that the direct debit was indeed cancelled. Again, they did not reply. The DMP fell apart and so did everything else thereafter. My bank withdrew my overdraft and said I could not stay with them (I thought initially that it was because of the DMP) so I opened another account (Starling) and set up all my direct debits etc with the new bank. A month into being with the new bank, they contacted me and said they were closing my account in three months. So I started applying for other basic accounts and every single one of them either refused or revoked.  Through the help in the other thread, I requested a SAR from Cifas and discovered that I have this marker against my name for "evasion of payment". I have logged a complaint with MCB on the advice of other forum members, but my query really is do you think the marker is fair given that I did ask them for help and I did explain that I was going to be struggling financially to repay the loan over the original two years, and is there any way that I can get it removed? I fully admit that I have yet to make a payment to them and I suppose in my naivety and panic I thought if I emailed them early on they could extend the loan and help me out, but they didn't even reply  I did manage to open an account with Monzo before the marker was in place, but I am very concerned that if Monzo do what Starling did, I will have no bank account to pay my bills or get my wages paid into.  Realistically based on the information I have given here, what do you think my chances are of getting this marker removed? Any help/advice on this would be greatly appreciated x
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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Universal credits


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But the point of my bringing up that case, is that he is disabled and sick - so conversely you would agree that he does need more help and presumably, income.

 

Yes - but my sticking point is that if someone is well enough to work, then they're NOT entitled to the benefits that are designed for the people who are too sick or disabled to work. He's getting WTC because he's working, he therefore shouldn't be entitled to ESA as his illness/disablement certainly isn't hindering his capability for work.

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Yes - but my sticking point is that if someone is well enough to work, then they're NOT entitled to the benefits that are designed for the people who are too sick to work. He's getting WTC because he's working, he therefore shouldn't be entitled to ESA as his illness/disablement certainly isn't hindering his capability for work.

 

Exactly. If you're only working a few hours a week, then ok. (some want to try working a few hours before coming off benefit) But working in excess of 16 hours a week, you're hardly ill enough to require a benefit for someone who can't work.

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Guest amianne
Yes - but my sticking point is that if someone is well enough to work, then they're NOT entitled to the benefits that are designed for the people who are too sick or disabled to work. He's getting WTC because he's working, he therefore shouldn't be entitled to ESA as his illness/disablement certainly isn't hindering his capability for work.

 

Don't have a go at me! I was only reporting what is happening with someone that I know.

Having said that if the law is not as specific as you would like it to be, then you should complain to your MP.

 

As the law stands, anybody on Contribution Based ESA is entitled to carry out Permitted Work that does not contradict the reason why ESA was awarded and earn up to £20 a week with no limit on the number of hours worked.

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Please read the earlier posts where it is quite clear that being self employed means that you currently can work in excess of 30 hours a week and still claim ESA as well as max WTC's. It's all down to how you structure the business.

 

I think you have invented a scenrio to get a rise,

 

If your friend is doing PWLL earning £20, paying his wife as his secretary working 30 hrs, and getting WTC

and he is an architect

and in the Support Group of ESA,

then GOOD LUCK

to him,

he has found the loophole indeed :)

 

Bet you will find another friend soon with another scenerio, who also has managed to beat the system, :) :)

lol

Edited by MIKEY DABODEE
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Where does he live please, I need plans drawn and adjusted for my mothers bungalow, at the moment she only has two bedrooms, we need another one and a small extension to the lounge.

The prices we have had are outrageous. Is he cheaper, must be able to get past the council though

and meet all regs

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Where does he live please, I need plans drawn and adjusted for my mothers bungalow, at the moment she only has two bedrooms, we need another one and a small extension to the lounge.

The prices we have had are outrageous. Is he cheaper, must be able to get past the council though

and meet all regs

 

dont hold your breath lol if you are having anything done like this then it pays to see a proper professional cuts out the aggro in the end....

Edited by MIKEY DABODEE
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Please read the earlier posts where it is quite clear that being self employed means that you currently can work in excess of 30 hours a week and still claim ESA as well as max WTC's. It's all down to how you structure the business.

 

A bit of an insider maybe

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Whether this architect is a made up case or not, perhaps it should be looked at from the architect's point of view.

 

Assuming he is genuinely ill/ disabled as stated. it is likley that if he did not work in the way described, he would not work at all. This is surely detrimental.

 

If his wife did not work for him, he would likely not be able to carry out the work. Same for the son.

 

Paying a spouse/ relative is not necessarily 'getting away with anything' - it is usualy a way to get more work for less money and someone who will understand and make the necessary allowances. They may also be the most reliable. The wife/ son may also be vital to filling in the gaps that the disbaled/ ill person cannot meet. ie in cases such as these, perhaps it takes 3 people to make up one healthy architect.

 

I can believe this set up is real - but given the amount an architect can reasonably expect to earn without a disability, I cannot think that anyone on their right minds would creat this set up purely to claim benefits or cheat the system. Housing benefit is only payable on rent after all, the claimant will harldy have the chance to save for and buy a house, and will be subject to renting and housing benefit payments in retirement. They may well have a house and local area they are happy with and if so good luck to them, but many would find this lack of choice intolerable.

 

I have experience of horrors of private renting and tyring to claim housing benefit and complete lack of social housing, and I for one would not choose to stay in the system if I had even half a chance to get out and make it without benefits.

 

My husband is long term ill and self employed, I receive no carer's allowance as he works too much (his determination and suffering would astound anyone who knew what he really goes through - he was determined to go to work today on just 4 hours sleep after being ill during the night)

 

So in many ways he is just the kind of person the Tories are trying to create - working full time despite being ill. But we receive no benefits due to the complexities of the system(s). And being determined to work counts against him for disability claims.We have no safety net and not even sick pay. (and dont even think of trying to claim ESA for one or two affected days per week) We earn too much but not enough, we work to much but not enough. We live in a studio flat. What more can we do?

 

Having just read about Universal Credits, I fear things are going to become even worse for us. I cannot see how we can meet the minimum income floor. Yet despite being low profit making, his business contributes the majority of his turnover to other local businesses in terms of rent, insurance, payments to suppliers etc. Surely that has to count for something?

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Not so.. We dont actually earn enough a lot of the time to be over the limit for carer's allowance but dont receive it because he doesn't qualify for the passporting disabiliity benefit.

 

I meant that he (wants to) work too much so this counts against him in claiming any disability benefits... he has to work now because his claims were previously denied (and we all know that can happen even in cases of the most genuine illness and need) He would need time off sick on a daily basis in a normal job - beyond what would be considered reasonable adjustments for disabled people. How would he keep that job long term? I still care for him 35+ hours a week and during the day and night.

 

So short hand, I receive no carer's allowance because he works too much. But mainly because of the passporting ESA/ DLA system which can be extermely unfair on some ill people.

 

Out of the whole of my post, that is the only thing you can comment (pick me up) on???

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Guest amianne
Whether this architect is a made up case or not, perhaps it should be looked at from the architect's point of view.

 

Assuming he is genuinely ill/ disabled as stated. it is likley that if he did not work in the way described, he would not work at all. This is surely detrimental.

 

If his wife did not work for him, he would likely not be able to carry out the work. Same for the son.

 

Paying a spouse/ relative is not necessarily 'getting away with anything' - it is usualy a way to get more work for less money and someone who will understand and make the necessary allowances. They may also be the most reliable. The wife/ son may also be vital to filling in the gaps that the disbaled/ ill person cannot meet. ie in cases such as these, perhaps it takes 3 people to make up one healthy architect.

 

I can believe this set up is real - but given the amount an architect can reasonably expect to earn without a disability, I cannot think that anyone on their right minds would creat this set up purely to claim benefits or cheat the system. Housing benefit is only payable on rent after all, the claimant will harldy have the chance to save for and buy a house, and will be subject to renting and housing benefit payments in retirement. They may well have a house and local area they are happy with and if so good luck to them, but many would find this lack of choice intolerable.

 

Thanks

 

If he was to have this business as a full time one, even despite his disabilities, he would have to earn another £350 a week clear in order to be on the same level of income as he is now.

 

He is quite happy 'doing his little bit' which he uses to top up his benefit income. At the moment the business is grossing about £20,000 a year

 

He has never been one to hanker about money or what money can buy. He enjoys his freedom too much. He did work for a company quite a few years ago, but hated the regime.

 

They aren't interested in saving for a home (they are both well into their late 50's/early 60's). They are more than happy living in private rented. The downside of course is that they have to move home every 18months/2 years.

 

HB/CTB will always be available in one form or another.

 

Problems will arise in the future they know that - Universal Credit/failing esa/losing DLA to PIP etc.

If the worst came to the worst he would have to review his current working and may have to cease it and go onto benefits full time i.e. means tested benefits. Given their ages, other options will become available - Pension Credit and of course the State Retirement Pension.

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DLA is based on care and /or mobility needs. Nothing to do with work.

 

I agree DLA should be based on care/ mobility needs, but it has everything to do with work if they argue that being able to do some work negates your claim - as happened to us. It is a twisting of the rules but it happens

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I am glad to know that private renting is working out for them :o)

 

I think it is also worth pointing out that because of housing costs the level of income needed to satisfy a minimum standard of living varies hugely. In the South East for example it is very hard to cover even basic living costs. Nevermind achieve holidays etc etc.

 

How will Universal Credits cope with that? Or will we all end up moving up north/ west?!

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Yes, they do. But it can also depend on the nature of the illness and the level of proof/ evidence/ opinion of the Dr on the day. Some illnesses/ disabilites are less well catered for under the requirements. it can be harder to achieve points for some issues under the simplified poitns system even when they do have a demonstrable effect on day to day life and work.

 

But anyway there are many thread on DLA, Iw as merely wishing to point out the consequences that the UC minimum income floor may have for people with illness or disability.

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Thanks

 

If he was to have this business as a full time one, even despite his disabilities, he would have to earn another £350 a week clear in order to be on the same level of income as he is now.

 

He is quite happy 'doing his little bit' which he uses to top up his benefit income. At the moment the business is grossing about £20,000 a year

 

He has never been one to hanker about money or what money can buy. He enjoys his freedom too much. He did work for a company quite a few years ago, but hated the regime.

 

They aren't interested in saving for a home (they are both well into their late 50's/early 60's). They are more than happy living in private rented. The downside of course is that they have to move home every 18months/2 years.

 

HB/CTB will always be available in one form or another.

 

Problems will arise in the future they know that - Universal Credit/failing esa/losing DLA to PIP etc.

If the worst came to the worst he would have to review his current working and may have to cease it and go onto benefits full time i.e. means tested benefits. Given their ages, other options will become available - Pension Credit and of course the State Retirement Pension.

 

 

Amianne that is an absolute disgrace, It says it all, if this is happening it needs stopping

This is why then things have to change. And will change...

It makes a complete mockery of the benefit system

I am so angry..

People on ESA who get kicked off in remission with Cancer, like my dear friend,

whose employer has even had to let her go :(

and then people like your friend who is milking the system...

 

I hope some one some where puts this wrong, right and soon.

Edited by antone
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