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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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Hi Guys,

 

Looking for a bit of advice. I was sacked from my job, of 11 years since I left school, in March of this year. As soon as I lost my job I applied for Jobseekers Allowance, Council Tax Benefit and also Housing Benefit. I was awarded all three and have been claiming since. I have been looking for job but its proving difficult with losing my previous job for misconduct, anyway that is another issue.

 

I received a letter saying there was a doubt over my right to claim jobseekers allowance due to the circumstances of which my previous job ended. I was told there would be an investigation which would include contacting my previous employer. While this was going I had to continue signing on as normal and my jobseekers would not be effected.

 

I signed on Friday as normal and expected to receive a payment today, My advisor at the job centre did not hint that there might be a problem. When I logged on to my online banking today no payment had been received. I was just about to contact the benefits centre when a letter popped through my door dated 27th June saying I cannot be paid jobseekers allowance from 15th June 2013 until 27th August 2013. This decision was based on how my previous job ended and because it was my own fault. It says that my jobseekers allowance will continue at £71.70 from 28th August.

 

I am very worried. Firstly I have no idea how I am going to survive with no money until the 27th of August. I have no money just now and was expecting a payment today. Because of not getting this payment today my direct debits for both my mobile phone and my TV Licence will reject. Surely my advisor at the Job Centre on Friday should have told me there was an issue with this payment? I phoned the job centre today and was told I would have to apply for hardship payments until the 28th of August and that I would have to go into the job centre tomorrow morning to complete a JSA10 form. I was also told the hardship payment, if awarded, would not be as much as my jobseekers allowance. I am struggling to survive as it is on jobseekers allowance and with even less I do not know what i'll do. I am diabetic and must eat to a balanced diet or this causes problems with my blood sugar levels. I have very little food in the fridge. I have no family I can turn to for support, the reasons my job ended has driven a bit of a wedge between us and I already owe the majority of my close friends money who have helped me. I should point out I have a severe debt problem so cannot turn to the banks for help. I have several questions hopefully some on here might be able to help

 

1, How much am I likely to receive in hardship payments until my jobseekers is re-instated

2, How likely am I to be awarded a hardship payment

3, How regularly are these payments made and how do I go about getting them

4, Do I still sign on as a jobseeker

5, I have the right to appeal the decision. Is it worth appealing as from my reading it seems unlikely the decision will be reversed

6, Is there any other support I may be able to claim as I have no money whatsoever at the present time and I would imagine there will be a bit of time between completing this JSA10 form and actually receiving a payment(should I be awarded one) I spoke with citizens advice on the phone and they suggested contacting my local council about a local welfare provision

7, Will the decision regarding jobseekers effect my council tax and my rent

 

I am in Scotland. I am not sure if different things apply to England and Wales but thought Id mention it just in case

 

I am thinking of going to Citizens advice for a bit of guidance after ive been to the job centre tomorrow. I am panicking and really worried about this decision so any advice whatsoever would be most appreciated

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1, How much am I likely to receive in hardship payments until my jobseekers is re-instated

2, How likely am I to be awarded a hardship payment

3, How regularly are these payments made and how do I go about getting them

4, Do I still sign on as a jobseeker

5, I have the right to appeal the decision. Is it worth appealing as from my reading it seems unlikely the decision will be reversed

6, Is there any other support I may be able to claim as I have no money whatsoever at the present time and I would imagine there will be a bit of time between completing this JSA10 form and actually receiving a payment(should I be awarded one) I spoke with citizens advice on the phone and they suggested contacting my local council about a local welfare provision

7, Will the decision regarding jobseekers effect my council tax and my rent

 

I am in Scotland. I am not sure if different things apply to England and Wales but thought Id mention it just in case

 

 

I'll just take your numbered questions for now:

 

1) I believe hardship is 60% of your regular amount.

2) Very, but not for the first two weeks of your sanction period unless you are in a vulnerable group (lone parent, pregnant etc)

3) The payments are made fortnightly on the same day as your regular JSA payment. You should apply at your Jobcentre.

4) Yes, definitely.

5) It costs nothing to appeal, but it is a lot of hassle. If you think your actions were justified, by all means appeal.

6) You could contact your council, but there isn't a lot of help available. Perhaps seek a referral to a local food bank.

7) No, but you should contact the council and inform them of the situation ASAP to minimise any interruptions to your HB/CTB.

 

It makes no difference that you are in Scotland in most cases. By all means go to the CAB - they are good people and may be able to offer you further advice or refer you to local sources of emergency help while you get this sorted.


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Thanks for the response. So basically I will have nothing until when I would be expecting my next payment from the job centre on the 17th of July. I'll ensure I get down to the Job Centre tomorrow and get the form completed. To be honest I do not think I have grounds to appeal so will probably be best just leaving it. Excuse my ignorance but what is a food bank. Do they give you food vouchers or do you go there to eat? I assume this is council run? I will try and speak to the council and citizens advice tomorrow and see if I can get anywhere

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Yes, correct - hardship payments can't be made for the first two weeks in most circumstances, so you won't get anything until 14 days after the date the sanction was applied.

 

A food bank is usually run by a charity or other voluntary organisation. They can provide you with basic food if you have no other way to eat. Generally, you need to be referred by some agency, which is why I agree with your idea to visit the CAB and would also suggest that your council might be able to help.

 

My wife and I had to use the services of a food bank a couple of years ago. We got some pasta and sauces, canned meat fruit and veg, baked beans, biscuits, soup, super noodles, tea and coffee, and some toothpaste and soap. It's not ideal, obviously, but it can help stop you from starving until this all gets sorted. Basically if you are referred to one they will hand you some bags with non-perishable food that's been donated to them.


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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Thanks Antone again. With regard to the hardship payments. The letter was dated 27th June altho it says they cannot pay me from 15th June. I presume the two weeks you refer to will apply from the 27th :( Thanks for advice I'll let you know how I get on tomorrow

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Thanks Antone again. With regard to the hardship payments. The letter was dated 27th June altho it says they cannot pay me from 15th June. I presume the two weeks you refer to will apply from the 27th :( Thanks for advice I'll let you know how I get on tomorrow

 

If the letter says they can't pay you from 15th June, then that's the start of the two week period. You should be able to receive hardship from the 29th June, but it can't be backdated normally (if I recall correctly - I could be mistaken about this) so yes, get to the Jobcentre and make your application ASAP. Best of luck.


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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Went into the job centre today and completed the JSA10 form for hardship payments. The guy in the office said I should be contacted tomorrow to be informed as to whether I will be getting these awarded. He says if I haven't heard back by this time tomorrow to follow up with the job centre again. Hopefully this is resolved quickly. It seemed to simple to be true today

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