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    • orbit are another name for payplan debt advisors. supposed to be free but I bet she got charged for the visit on her bill.   yes to mediation 1 wit you 3 copies   don't forget you each need to do the N180. and each need to send a copy to the court and the claimant sols or the claimant if they don't appoint a new lot   your issues can be drummed out in the mediation session.  
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    • i thank you for advice Bankfodder,  im sorry you or your team are to busy to correct my mistakes but given the fact that i have physical & mental impairments  and  only recently begun learning how to use a computer and the internet  i thought i was doing okay but obviously not, word of advice for you stop and think before you judge in the future and stop being so patronising, REGARDS.
    • Hi -    I have been having trouble receiving any compensation (or even any engagement) from a parcel I sent via MyHermes/Packlink.   I'll relate the story via a time-line:   19/01/2020 Sold item on ebay. Item details as follows: Jane Matrix Light 2 - Multifunction Infant Car Seat. Boxed and as new - Value £100.   20/01/2020 Looking into posting the item I see that ebay now offer a complete service whereby you can pay and print packing labels, etc. They allow option to Choose Courier so I did so and selected MyHermes. Paid for postage, printed label and arranged pick up by local courier. Postage costs £7.39 and insurance paid for.   22/01/2020 Courier picked up parcel and gave me tracking number. Check tracking daily from this point on.   27/01/2020 First mention of any trouble on tracking info: "We're not able to deliver your parcel to the address we have. Please get in touch so we can get it back on its way to you."   28/01/2020 Ring Hermes customer services. Confirm recipient address details etc. They say they'll attempt redeliver.   30/01/2020 Parcel has still not arrived so ring customer services again. They admit parcel misplaced but that they'll do a "depot sweep". This is unsuccessful so they direct me to filling out claim forms. It then emerges that Hermes are not accepting that it is them that I'm dealing with and direct me towards a company called "Pack Link". This is literally the first time I have heard of them, I do not remember seeing anything relating to them when paying and booking postage. However, I go do the route of filling out their forms etc.        From this point until today, I have been in touch with Packlink approximately every day. They keep replying to me that they need some kind of new proof of purchase/proof of value etc (screengrabs and the like) but despite complying with requests throughout they always say something like "that screengrab is too small" or "it's blurry". I have been meticulous in providing them with multiple proofs and multiple formats (even painstakingly making pdfs and word docs with very clearly visible information) but they still reply that they need other proof. They have now stopped responding altogether.    If I then take the complain to Hermes, they completely brush it off and tell me that my contract is with Packlink. I note that Packlink are based in Spain, making it near impossible to pursue any kind of grievance procedure with them.     Does anyone please have any advice as to this matter? Is it worth me taking Hermes to the Small Claims Court, or would that likely be brushed off due to "contract being with Packlink"?   I would be immensely grateful for any help and advice - as it stands at the moment I am £107 out of pocket as, out of decency, I have refunded the party that purchased the item. My complaint seems to be on standstill so I am at a loss of what to do now.     Thankyou in advance,          
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Eviction for Benefit Fraud. Please Help.

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Hi there,

 

Fantastic Forum. Keep up the good work.

 

A while ago my friend has been accused of benefit fraud. She has sent in an appeal at the moment, and she is waiting for them to get back to her.

I have helped her by reading posts on the forum, and following some of the advice being given on here.

But now I am stuck and don’t know what to do now.

Like I said she is waiting for her appeal, but now the housing association are getting tough on her. They are demanding the rent that has gathered up due to her housing benefit being stopped months ago.

She has been paying her water rates because her income support has not been stopped as of yet. But she can't afford to pay the full rent.

She is due to appear in county court on a civil case in a couple of weeks time.

She is a single mother with two children. She doesn’t speak much English.

 

She is really stressed and doesn’t know what to do.

 

Please, please help.

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Hello, welcome to CAG. I've moved this to the Benefits forum where you may get better responses.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Hello, welcome to CAG. I've moved this to the Benefits forum where you may get better responses.

 

Thanks

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Was the housing benefit stopped because of alleged benefit fraud ?

 

How much is the rent arrears in total/weeks ?

 

Eviction is going to be for Rent arrears,Not benefit fraud.

 

Housing association will need to serve correct notice on tenant for rent arrears,then ask the country court for a possession order,then eventually apply to the courts for a warrant and bailiffs to remove tenant so it may be a while yet ?

 

Unless the rent arrears can be cleared off or start to pay off the arrears,Court has No real option to grant HA a possession order.

 

The tenant needs to get contact local CAB or Shelter to arrange for a Solicitor to see if it possible to get a suspended possession order this would only be granted if the tenant could start paying off the rent arrears..

 

http://england.shelter.org.uk/get_advice/debt_and_arrears/rent_arrears/rent_arrears_in_social_housing

Edited by 45002

Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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Why has the Housing benefit stopped - for what reason has she been accused of benefit fraud?

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I expect when legal aid goes we'll see an epidemic of this. Anything to stop paying benefits.

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If it were me I would stop paying the water and use that money to pay rent for now. She must be getting some child tax credits too for the children? I'd use some of that too. Rent is the most important bill imo.

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I agree there, rent's always the priority.

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Was the housing benefit stopped because of alleged benefit fraud ?

Yes the HB was stopped due to alleged benefit fraud

 

How much is the rent arrears in total/weeks ?

Approximately 12 weeks from when the court letter first arrived

 

Eviction is going to be for Rent arrears,Not benefit fraud.

Yes

 

Unless the rent arrears can be cleared off or start to pay off the arrears,Court has No real option to grant HA a possession order

She could start to pay the rent arrears off but she can't keep up the rent payments of £107.37 a week. No doubt that fraud agency know this and thats why they are doing this.

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What was the alleged fraud?

 

Is it because of savings, undeclared work, or living with someone??

 

All of which suggest that she should have been in a position to pay rent

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Yes the HB was stopped due to alleged benefit fraud

 

 

Approximately 12 weeks from when the court letter first arrived

 

 

Yes

 

 

She could start to pay the rent arrears off but she can't keep up the rent payments of £107.37 a week. No doubt that fraud agency know this and that's why they are doing this.

 

Doing what ?

 

The housing association are applying for a possession order for Non payment of rent,not the fraud agency.

 

It does sound like the housing association will be granted a possession order and invertible eviction of the tenant.

 

No Tenancy is safe,housing association tenants,council tenants or private landlord tenants if you get into Rent arrears.

 

It's a good job it not a private landlord,Possession order is mandatory after 8 weeks of rent arrears

 

I expect when legal aid goes we'll see an epidemic of this. Anything to stop paying benefits.

 

The current government and labour party made it clear,Legal aid will always be available to fight possession orders for tenants on low income and vulnerable tenants who have a good chance of winning there case..

 

 

I have ask CAG site team,if the whole of this thread is better off been moved to http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings ?

Edited by 45002

Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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Also the LA will tell I.S about the fraud so it may effect her claim to I.S

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But only when they reach the point of "immediate loss of their home", by which time it's too late for aid of any kind. I'm quoting my MP about that bit. I'm waiting for him to reply to my query about it and explain what he means by immediate. Surely aid is needed long before it ever gets to that point. Anyway, how are people to access that aid even if it's available?

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This response is based on the (very) bare info provided so far and addresses the HB side of it.

 

1) The current appeal: A letter should be sent to the HM Courts and Tribunals Service office dealing with the administration of the appeal. The letter should be clearly marked for the URGENT attention of a District Judge, asking that a Tribunal hearing is arranged as a matter of the utmost priority due to impending eviction proceedings - any evidence to support this should be provided. My advice would be to offer to accept a "short notice" appeal (i.e. one that could be less than 14 days after you being notified of a date / time) - make sure details of any dates the appellant cannot attend are given.

 

2) In any case... if the claimant is, in principle, currently entitled, a new claim for HB should be made immediately. The local authority cannot refuse to process it simply because of the outstanding appeal (at least not legally!). I advise marking any new claim as being "without prejudice to any outstanding appeal" (plain english usage rather than legal meaning). In the event of the appeal being successful, the "second claim / award" simply becomes defunct and the original award replaces the "new" award. Nope, that doesn't mean double payment.... (er, at least it shouldn't!).

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thanks guys for yr help so far.

i shall update you all on whats going on in the next few days.

i have been really busy with work at the moment.

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Ok guys sorry for the delay.

 

My friend went to the council office a couple of months ago when the housing benefit first got stopped. She was told that she cannot make a new claim for housing benefit because she has an ongoing appeal.

When the civil court date came through the post, she went to CAB as she didn’t know what to do.

The CAB started a new claim for her. Which she is waiting for a reply. The CAB said the new claim should take roughly 4 weeks.

The CAB also made her fill in a money advice form. (Some company or organisation that helps people.)

She is waiting for them to get back to her. The CAB think it should take about a week or so.

Which will give her about 4/5 days till she has to go to court for the rent.

 

My question is to you guys, if she borrows the money to pay off the outstanding rent and keep her rent payments up to date, will she be entitled to get all that money back when all this eventually over?

 

Yesterday she had a man from an estate agent company that came round when she was out. The man left a card with a phone number, that said on the card to contact him and make an appointment.

 

Today she has got another letter from DWP to tell her to pay off the overpayment of housing benefit. This one is a bit different to the others she has had. All the other ones have stated on the letter, that she should pay without prejudice. But this one says just to pay it off or start a payment plan for it.

 

Is this just another threatening letter, because the DWP actually have no proof and just want to scare her?

 

Any help would be greatly appreciated?

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Without prejudice is concerning. It basically means they dont want what they say to be shown to a court.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Slightly different definition under the Social Security and Welfare Reform Acts

 

"(7)An amount recoverable under this section may (without prejudice to any other means of recovery) be recovered—

(a)by deduction from benefit (section 71ZC);

(b)by deduction from earnings (section 71ZD);

©through the courts etc (section 71ZE);

(d)by adjustment of benefit (section 71ZF). "

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My friend went to the council office a couple of months ago when the housing benefit first got stopped. She was told that she cannot make a new claim for housing benefit because she has an ongoing appeal.

When the civil court date came through the post, she went to CAB as she didn’t know what to do.

The CAB started a new claim for her. Which she is waiting for a reply. The CAB said the new claim should take roughly 4 weeks.

The CAB also made her fill in a money advice form. (Some company or organisation that helps people.)

She is waiting for them to get back to her. The CAB think it should take about a week or so.

Which will give her about 4/5 days till she has to go to court for the rent.

 

My question is to you guys, if she borrows the money to pay off the outstanding rent and keep her rent payments up to date, will she be entitled to get all that money back when all this eventually over?

 

Yesterday she had a man from an estate agent company that came round when she was out. The man left a card with a phone number, that said on the card to contact him and make an appointment.

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Hi guys, new update.

Please help.

 

Today she received the letter from housing benefit claim. She has not been awarded the housing benefit because they say that they have information that the father of her children lives at her house.

 

They say that in normal circumstances a statement regarding his permanent residence would suffice. Yet the Council Tax Department and the DWP deem her as living together. Therefore without evidence of her children’s father's income, her claim will not be paid, as her entitlement to any monies cannot be verified.

They continue with, “should you wish to provide evidence of your combined income I will relook at the claim, however if not received we will take our lead from the DWP and deem your claim unsuccessful.”

 

Please help.

 

Still need help with this aswell:

My question is to you guys, if she borrows the money to pay off the outstanding rent and keep her rent payments up to date, will she be entitled to get all that money back when all this eventually over?

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Short question from you - long (ish) explanation.

 

It appears from the information that you have given that the DWP have made a decision that she is to be treated as living together as husband and wife (or if married - sharing a common household) for a period that she has received benefit. I am confused that you split the housing and council tax departments as usually they are one and the same where benefit decisions are concerned.

 

Even though a decision has been made in relation to DWP benefits the Local Authority look at the claim again for the period in question to see whether or not there would still have been some entitlement to HB. For this to happen she would need to declare him to be living at the property and details of his income. They would then look at the family unit and assess any entitlement to rent payments.

 

If she does not want to declare him a the property for that period that the only way that rent would be paid, or any benefits, would be to appeal against the decision and wait for it to be reconsidered or heard by a Tribunal.

 

Be aware that if she declares him to be at the property just to get rental payments then that may be used in any prosecution (if indeed any prosecutions is being considered, and it may not be). without knowing what evidence they hold and the period and amount of any overpayment it is impossible to know what action might be taken.

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Still need help with this aswell:

My question is to you guys, if she borrows the money to pay off the outstanding rent and keep her rent payments up to date, will she be entitled to get all that money back when all this eventually over?

 

There No guarantee your friend is going to get HB !

 

Where is your friend going to borrow the money from,how is the money going to be paid back as your friend is just going to get into more debt and there No guarantee the housing association would accept this and carry on with eviction proceedings.

 

She could start to pay the rent arrears off but she can't keep up the rent payments of £107.37 a week.

 

You said hear 09/08/2012 http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3939243&viewfull=1#post3939243 Rent was 12 weeks in arrears,Has any of this arrears been paid off ?

 

What is the situation now with the housing association,Has a date been set for a possession hearing at Country court

 

Or

 

Has a possession order been granted by Country court ?

Edited by 45002

Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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There No guarantee your friend is going to get HB !

 

Where is your friend going to borrow the money from,how is the money going to be paid back as your friend is just going to get into more debt and there No guarantee the housing association would accept this and carry on with eviction proceedings.

 

 

 

You said hear 09/08/2012 Rent was 12 weeks in arrears,Has any of this arrears been paid off ?

 

What is the situation now with the housing association,Has a date been set for a possession hearing at Country court

 

Or

 

Has a possession order been granted by Country court ?

 

no possesion order has been granted.

she has to go to county court because she now has rent arrears of about £1800.00.

the HA just want their money i suppose.

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no possession order has been granted.

she has to go to county court because she now has rent arrears of about £1800.00.

the HA just want their money I suppose.

 

That's the problem,like any landlord HA want there money not looking very good for your friend,Sorry

 

When is the date at the county court hearing set for ?

Edited by 45002

Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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