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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim 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. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant 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; 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.
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new council tax benefit award letter came this mornirng


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Leicester CC run a discretionary fund for the new council tax scheme for vulnerable people.

 

http://www.leicester.gov.uk/your-council-services/housing/council-tax/ways-to-reduce-your-bill/council-tax-reduction-scheme/

 

given people with carers have been denied, someone like me who doesnt get DLA at all, I would be surprised if I got any.

 

Point is discretionary funds are a lot of trouble to deal with and are a lottery, thats not really a cop out for this mess, the fact is the new council tax relief is a postcode lottery.

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Had a letter a while back saying we'd have to pay a minimum 20% contribution. Had the council tax notice today (last year we were paying £58 a month) now we are supposed to pay £98 a month - our total benefit for the year being £21.98 and this is with a credit from last year due to overpaying! Now I need to dig out the guidelines for our council and figure out how 20% translates to 50% on our bill!

 

is a non tory council?

 

what do you think on my thoughts that some councils are jumping on it to make further cuts on top of central government?

 

what you just posted looks brutal and I hope you can get through it.

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I said IF everyone stood together, I am under no illusions that most will stick their heads in the sand bucket and take it up the proverbial.

There is no backbone left in this country, the population have devolved into jellyfish.

 

True and i do apologise for my statement, not everyone just thinks of themelves but rather I meant too many now only think for themselves, and even on the internet many websites shut down when they build up momentum, I am very thankful this site is still going.

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I wish everyone would stick together and show some backbone to this govt, but I fear that osdset is right and its more jellyfish than backbone, and of course the elderly and those with health problems that don't have the strength or will to fight. There are days I don't have the will to live never mind fight. Having said that if there is any march or demo or the like that I hear of and can get to then I will be there, home made banner and all.

 

They have played a clever game.

 

Previously everyone had the same help, it was 100% cntral government funded.

 

Now its a postcode lottery which I think is intentional, the government would have forseen different councils providing different levels of help, and indeed some councils (seems mostly affluent ones) have abosrbed the cuts and still give full help whilst other councils have been brutal with the cuts and I think have gone excessive. The point is most people will see that other councils have been more generous and then blame their council INSTEAD of government.

 

I am still waiting for an answer from my council as to why a 10% central funding cut has translated into them cutting their council tax benefit fund by 17%, either the government or my oouncil are lieing, a letter has also gone to my MP.

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They have played a clever game.

 

Previously everyone had the same help, it was 100% cntral government funded.

 

Now its a postcode lottery which I think is intentional, the government would have forseen different councils providing different levels of help, and indeed some councils (seems mostly affluent ones) have abosrbed the cuts and still give full help whilst other councils have been brutal with the cuts and I think have gone excessive. The point is most people will see that other councils have been more generous and then blame their council INSTEAD of government.

 

I am still waiting for an answer from my council as to why a 10% central funding cut has translated into them cutting their council tax benefit fund by 17%, either the government or my oouncil are lieing, a letter has also gone to my MP.

 

Because they haven't touched the elderly (Cameron wants their vote remember) so they have to make it up somewhere else. If I hear my mum mentioning how poor her 65 yr old partner is again (with his 30k in the bank & no rent or mortgage) I think I may just scream lol

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I am still waiting for an answer from my council as to why a 10% central funding cut has translated into them cutting their council tax benefit fund by 17%, either the government or my oouncil are lieing, a letter has also gone to my MP.

 

Lets try to explain this again.

 

CG are cutting 10% off CTB funding, however pensioner claimants are protected from the cuts.

This means pensioner claimants' share of the cuts get passed to working age claimants.

 

A rough example

 

If a Council has average CTB awards of £1000 per year, and 59% of the local population are working age, and 41% of the population are pension age.

 

If pensioners were not protected, everybody would be subject to 10% cut and average award would be £900.

 

However as pensioners are being protected, their average award will remain at £1000, and average working age reward would reduce to £830 (a 17 % cut)

 

So neither are lying, CG have cut the overall funding by 10%, but the impact on working age is 17% cut.

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

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They have played a clever game.

 

Previously everyone had the same help, it was 100% cntral government funded.

 

Now its a postcode lottery which I think is intentional, the government would have forseen different councils providing different levels of help, and indeed some councils (seems mostly affluent ones) have abosrbed the cuts and still give full help whilst other councils have been brutal with the cuts and I think have gone excessive. The point is most people will see that other councils have been more generous and then blame their council INSTEAD of government.

 

I am still waiting for an answer from my council as to why a 10% central funding cut has translated into them cutting their council tax benefit fund by 17%, either the government or my oouncil are lieing, a letter has also gone to my MP.

 

Yes, to be fair to LA's it's the government that have imposed the cut and it's the LA's that have been left to take the flak, although some seem to be taking advantage of an 'opportunity'.

 

This was always about imposing a real time benefit cut and disguising it as something else, the government can and will state that claimants benefits have not been cut, and that they have exactly the same benefit levels as before, but it's the feckless LA's that are to blame for not keeping house.

 

As stated above the government must have known that the cuts would vary across the country, perhaps the positive side effect for them will be claimants pitted against each other and arguing about fairness, they also expected everyone to stand by pensioners being exempt, however as many of the posts on this site bear out, more and more people are asking why?

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Lets try to explain this again.

 

CG are cutting 10% off CTB funding, however pensioner claimants are protected from the cuts.

This means pensioner claimants' share of the cuts get passed to working age claimants.

 

A rough example

 

If a Council has average CTB awards of £1000 per year, and 59% of the local population are working age, and 41% of the population are pension age.

 

If pensioners were not protected, everybody would be subject to 10% cut and average award would be £900.

 

However as pensioners are being protected, their average award will remain at £1000, and average working age reward would reduce to £830 (a 17 % cut)

 

So neither are lying, CG have cut the overall funding by 10%, but the impact on working age is 17% cut.

 

Ok let me explain again also.

 

The council have said the entire cash recieved from government is cut by 17%.

 

They havent said we had a 10% cut but because we are forced to protect pensioners we are cutting working age budget by 17%.

 

They said entire funding is cut by 17%.

 

In other words what they say doesnt match to what central government says which is councils have a 10% cut in their council tax benefit funding, and they are not allowed to put that cut on pensioners.

 

Understand now they say 17% in the FUNDING?

 

They even put exact amount in letter.

 

Funding recieved in 2013 4.8million, was 2012 funding 5.28million? no it was apparently 5.6million

 

so from government 5.6million 2012

4.8 million 2013

 

is that 10%?

 

and of course since pensioners are excempt the real cuts on claimants is way above 17% as I showed with mine and my sister's figures.

 

My local rag has a photocopy of the letter now and are following the story up, they agree with me also.

Edited by worried33
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why do you think the elderly will be harder hit they are excluded from just about every cut and I dont think they anymore vulnerable than working age sick.

 

Yes! And after watching the Dispatches programme last evening, even more so.

 

When I worked I earned a reasonable salary -£45,000pa. Now that we claim Pension Credit and other disability related benefits to top up our pensions (private for me and state for my wife) our monthly spendable income is about the same as it was before I retired 3 years ago.

Like the programme mentioned, we also get the heating allowance and free bus passes along with other not insignificant add ons.

 

I must say that the 'baby boomers' haven't really seen any austerity.

 

Mind you I do anticipate that this will all change after 2015, but the politicians will have to tread very carefully when talking about cutbacks.

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45k is a good salary. In my opinion it is ridiculous that you are receiving pension credit however the coat of free bus travel etc are probably less than cost of means testing it. Remember the bus pass only costs when it is used and many more affluent pensioners will continue to use their cars. Certainly in smaller and rural communities.

Any opinion I give is from personal experience .

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45k is a good salary. In my opinion it is ridiculous that you are receiving pension credit however the coat of free bus travel etc are probably less than cost of means testing it. Remember the bus pass only costs when it is used and many more affluent pensioners will continue to use their cars. Certainly in smaller and rural communities.

 

I know, I tend to agree with you. It's not the basic minimum of £217.90 a week, it's all of the added premiums that bump it up. They alone account for an increase in the guaranteed minimum of another £181.60 a week.

 

Obviously we use the car simply because of the convenience factor, living in a small village. I use my bus pass especially when I go up to London and when the car disappears from the driveway, taken by one of the kids or my wife! My wife has only started to use hers (she thinks that she is too young (68) to use it LOL). I didn't realise that it only costs when you actually use it.

 

Most 'pensioners' do have a reasonable standard of living - no single pensioner should have an income of less than £142.70 a week (subject of course to a savings limit) and couples £217.90 a week. On top of that they should be getting max HB and CTB.

 

Could I, if I was healthy, live on £142 a week, with little or no rent or council tax to pay - too right I could.

If the single pensioner was disabled, that weekly income could go as high as £200.90 a week plus whatever disability benfits they get on top.

Edited by dogboneday
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is a non tory council?

 

what do you think on my thoughts that some councils are jumping on it to make further cuts on top of central government?

 

what you just posted looks brutal and I hope you can get through it.

 

Thanks, it will be tough. Yes I do think that some some councils (mine, tory controlled) are making further cuts - so their council tax reduction scheme not only mandates a 20% minimum payment for working age people, it also says no help at all if you are working age and have more than £6000 in the bank, unless on income based esa, jsa, is. Also no hours disregard with working tax credit, no second adult rebate. They have increased the income disregard for working people, but that's no help to my husband who is barely breaking even. It seems that my council have chosen to have the axe fall on mainly benefit claimants.

 

We've made the decision to claim income based esa (to top up my cont based esa) and he'll just be my carer with his old employment as a hobby. He hasn't been coping well lately (mental health deteriorating) and this has made the decision for us.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I know, I tend to agree with you. It's not the basic minimum of £217.90 a week, it's all of the added premiums that bump it up. They alone account for an increase in the guaranteed minimum of another £181.60 a week.

 

Obviously we use the car simply because of the convenience factor, living in a small village. I use my bus pass especially when I go up to London and when the car disappears from the driveway, taken by one of the kids or my wife! My wife has only started to use hers (she thinks that she is too young (68) to use it LOL). I didn't realise that it only costs when you actually use it.

 

Most 'pensioners' do have a reasonable standard of living - no single pensioner should have an income of less than £142.70 a week (subject of course to a savings limit) and couples £217.90 a week. On top of that they should be getting max HB and CTB.

 

Could I, if I was healthy, live on £142 a week, with little or no rent or council tax to pay - too right I could.

If the single pensioner was disabled, that weekly income could go as high as £200.90 a week plus whatever disability benfits they get on top.

 

Mind you, that £142 a week has to cover sky/virgin all bills & food?My virgin media alone is nearly 80 quid a month & I rarely use the phone! And don't have sports of movies. We do have 4 set top boxes though. Doesn't sound all that brilliant to me though? :|

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... In my opinion it is ridiculous that you are receiving pension credit ...

Pension Credit is a means tested benefit that takes a small pension up to the basic minimum required.

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There are or at least were two different kinds of pension credit. One is just like income support and gives a guaranteed pension. The other was designed to encourage people to have private pensions and is graduated. On top of that there may be serps. My mother gets a substantial state pension thanks to my late father paying into serps and she also has some personal entitlement.

 

Of course 142 a week maybe ok if you live in rented property but if you have to maintain a house that is different.

 

Jadey if you are paying that to virgin you are being robbed. A basic sky package with internet and unlimited phone calls is a lot lot less than that. Maybe pop over to MSE

Any opinion I give is from personal experience .

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Sorry i should also add, i do not blame dogbone for using all his entitlements. I would do the same. It does seem crazy to me though especially when the most vulnerable are being penalised.

Any opinion I give is from personal experience .

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well with the new council tax benefit letter came today have to pay £9.00 a month starting from the 1st of April seems there no one safe from this at the moment have to pay a total of £90.00 a year now

 

anyone else had there's yet?

 

Yep, we get none now, so we have to pay the full bill of £1800 a year.

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Further to the posts about Council Tax Discretionary Relief, this area can cause some confusion.

 

In effect, we are talking about 2 different discretions which exist at the moment: -

 

  1. Discretionary Housing Payments which can currently assist those in receipt of CTB who need extra assistance to meet their CT costs. Councils receive funding from DWP towards these costs.
  2. Discretionary CT Relief which allows Councils to reduce any CT charge for an individual or group of individuals. Councils do not receive funding for these costs.

From 1 April 2013, the ability to award DHPs for CT costs is to be abolished, however Councils will still have a discretion to reduce any CT charge.

 

How Councils will choose to do this will vary from Council to Council. Some Councils have set budgets for Discretionary Relief, others have set no budget.

 

Still think you should put this in your sticky as the fact that some people may find that they have a discretionary fund for assistance with CTS might be important.

 

DHP's do not cover CTS shortfalls but your Council may have this hidden fund that will cover this and other things under special circumstances. The regs and explanation of them are on rightsnet.

 

Councils know that homelessness with cost them a fortune so this fund makes sense. It also makes sense to hide it with the pressure to keep costs down by making the lowest incomes pay for it from benefits etc where possible.

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Incapacity benefit recipient wife severe disabled

Social housing tenant

 

Last year i had to pay £600 of my £1000 ct bill

This year the bill has risen to £1,049 and i have been given £141 discount meaning i have to pay £908

an increase of £300

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Mine is now £6 a month to pay - as long as you're of 'working age' you most likely have to pay something now. It's something like 8.9% of your total bill - God knows where they get that figure from. Probably varies from council to council.

 

I will expect my bins to be emptied every day for this and pretty flowers to be planted on the roadside outside my house :)

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Ahh this is indeed very interesting to know, thank you lucksic for this.

 

The Council Tax Discretionary Relief policy

 

Those who are most vulnerable, who will find that they cannot afford their council tax can contact their council and ask about the above.

 

I would get in there quick though as only so much is allocated to each council.

 

Indeed it works I applied as soon as I found the details.

We have been given a discretionary payment to cover the full costs now because our situation fits the criteria for the new council tax scheme.

 

Hope other's managed to get it too.

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  • 2 months later...

http://www.taxpayersagainstpoverty.org.uk/the-government-is-creating-unmanageable-debt-and-hunger/(discretionary payments)

and http://www.taxpayersagainstpoverty.org.uk/what-councils-dont-tell-you-about-the-enforcement-of-council-tax/

 

Councils will not tell you;

 

1. That they have the discretion to write off the tax for vulnerable and impoverished people under clause 10 (1) 13A (1) of the Local Government Finance Act 2012. It is necessary for the council tax benefit claimant to write a letter to the council setting out their financial circumstances, all debts, and all relevant information such as health/disability. Payment of the bedroom tax, rent due to the overall benefit tax and the rent due to the housing benefit tax would be relevant.

 

2. That the bottom line is the income left after rent and council tax needed for food, fuel, clothes, transport and other necessities; that has to be a reasonable amount if councils (and jobcentres) abide by the Wednesbury Principles as required by law and endorsed by coalition ministers.

 

3.That page 9 of the National Standards for Enforcement Agents, published by the Ministry of Justice in 2012, sets out a procedure for bailiffs to return vulnerable cases from the door step to all creditors, including councils for council tax and courts for fines. A change of circumstances since the debt, fine or council tax arrears were incurred is another reason for applying page 9 procedure.

 

4. That Ministers from the DWP, the DCLG and the MOJ all stated during the passage of the Acts of Parliament, which are creating such misery, how concerned they were for vulnerable people; see their statements as recorded in Hansard in the attached file. Councils and Jobcentres should be reminded that is the coalitions policy; even though crocodile’s tears come to mind.

 

The details are on the TAP website on this PDF

 

ENFORCEMENT OF ARREARS, OVERPAYMENTS AND FINES IN THE WAKE OF WELFARE REFORM AND IN THE CONTEXT OF AUSTERITY. (1)

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