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    • Is this correct ?
    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
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stu007

Discretionary Housing Payment **Updated April 2015**

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Discretionary Housing Payment

 

 

What is a Discretionary Housing Payment (DHP)?

 

Each Local Authority is given a pot of money each year to help people who qualify for Housing or Council Tax Benefit, but are having trouble paying their Rent or Council Tax. The Council decides who should be given the payments. When the money for the year runs out, no more payments can be made.

 

What can a Discretionary Housing Payment Cover?

 

A discretionary housing payment (DHP) may be used to pay for:

 

Ø Rent deposits.

Ø Rent in advance.

Ø Rent arrears (but not if you were receiving enough housing benefit to pay all of your rent at the time the arrears built up).

Ø A shortfall between housing benefit and rent.

Ø Reductions in housing benefit, after changes in April 2013 known as the 'bedroom tax'.

Ø Reductions in local housing allowance resulting from changes from April 2011.

 

A discretionary housing payment cannot be paid if the reason for shortfall is that your housing benefit has been reduced to recover an overpayment or because your other benefits have been reduced, for example, because you left your last job voluntarily.

 

What do the Council take into Consideration?

 

The council will usually take into account any special circumstances that contribute to your financial difficulties, for example, if:

 

Ø You have to pay child maintenance.

Ø You have to pay legal costs.

Ø Your heating costs are high as you spend a lot of time at home because of sickness or disability.

Ø You have additional travel costs because you travel to a doctor or hospital or you care for a relative or friend.

Ø Your work-related travel costs have increased because you had to move as a result of cuts to in the local housing allowance.

Ø You are likely to become homeless if a payment is not made.

 

How can you Claim Discretionary Housing Payment?

 

You will need to contact your Local Councils Benefits Section and request a Discretionary Housing Payment Application Form and complete it and return and await decision.

 

The criteria for the Discretionary Housing Payment and the Application Form is set by each individual Local Council therefore the criteria from council to council will be different throughout the UK.

 

What Information may you be required to send with your claim?

 

You may be asked for details of your Income and Outgoings. You could send copies of relevant bills or bank statements. You should also provide any information about your circumstances that make things difficult for you financially.

 

Can you Appeal if you don’t get a Discretionary Housing Payment?

 

There is No Right of Appeal to a tribunal if the Council say it will not give you a Discretionary Housing Payment, but you can ask the Council to have another look at its decision.

 

If that fails, the only way to challenge the decision is in the courts using judicial review. However, this is not always possible - get advice from a local advice centre about this.

 

Check with your Local Council to get an Application Form as each Councils form is slightly different

 

Note: Please also check Post #4 as it has Sources of Interest on DHP

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

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2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Claiming Discretionary Housing Payment - Housing Benefit Claimant Factsheet was published 7th January 2014 and can be downloaded from this link:

 

https://www.gov.uk/government/publications/claiming-discretionary-housing-payments


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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DISCRETIONARY HOUSING PAYMENT

 

SOURCES OF INTEREST

 

DWP - (2013a) Discretionary Housing Payments: Guidance Manual.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/184207/discretionary-housing-payments-guide.pdf

 

DWP - (2013b) News Release, 30 July 2013 Spare Room Subsidy: Funding Update.

https://www.gov.uk/government/news/spare-room-subsidy-funding-update

 

DWP - (2013c) Housing Benefit Circular S6/2013.

https://www.gov.uk/government/publications/hb-circular-s62013-discretionary-housing-payments

 

DWP - (2013d) Use of Discretionary Housing Payments. Analysis of Mid-Year Returns from Local Authorities.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/268411/use-of-discretionary-housing-payments-dec13.pdf

 

DWP - (2014) Housing Benefit Circular HBS1/2014.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/275971/s1-2014.pdf

 

Hansard - (2013) HC Deb 5 Dec 2013 : Column 1101 Autumn Statement.

http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm131205/debtext/131205-0001.htm#13120554000002

 

Scotsman - (2013) SNP Faces Showdown over Bid to Beat Bedroom Tax, 3 February 2013.

http://www.scotsman.com/news/politics/top-stories/snp-faces-showdown-over-bid-to-beat-bedroom-tax-1-3292222

 

Scottish Affairs Committee - (2013) Scottish Affairs Committee - Fourth Report. The impact of the Bedroom Tax in Scotland: Interim Report. http://www.publications.parliament.uk/pa/cm201314/cmselect/cmscotaf/288/288.pdf

 

Scottish Government - (2013) A Budget for Scotland’s Future. News Release, 11 September 2013.

http://news.scotland.gov.uk/News/A-Budget-for-Scotland-s-Future-400.aspx

 

Scottish Government - (2014a) Discretionary Housing Payments in Scotland: 1 April to 31 December 2013.

http://www.scotland.gov.uk/Resource/0044/00443672.pdf

 

Scottish Government - (2014b) Scrap ‘Bedroom Tax’ help cap. News Release, Monday 4 February.

http://news.scotland.gov.uk/News/Scrap-Bedroom-Tax-help-cap-8ee.aspx

 

Scottish Parliament Welfare Reform Committee - (2013a) 19th Meeting 2013, Session 4, Official Report, Tuesday 19 November 2013.

http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=8658&mode=pdf

 

Scottish Parliament Welfare Reform Committee - (2014) 1st Report (Session 4) 2014: Interim Report on the Bedroom Tax. http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/72586.aspx

 

Welsh Affairs Committee (2013) Fourth Special Report - The Impact of Changes to Housing Benefit in Wales.

http://www.publications.parliament.uk/pa/cm201314/cmselect/cmwelaf/1012/101202.htm

Edited by stu007

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1637 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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