Jump to content


  • Tweets

  • Posts

    • A South Korean court sentenced Lee Jae Yong to two and a half years in prison. View the full article
    • To add to the weight of evidence this is fraud, do you have (or can you get) proof of what the cost of the Special Delivery was?. If they paid for the weight of an envelope containing a piece of paper, they won't have paid for the cost of sending a laptop (given it is much heavier) ...... You should also contact ActionFraud.
    • @dx100uk, I'm afraid you've got this wrong. My fear of compromising my defence wasn't with regards my response to DCB Legal's initial letter per se. It was more in reference to any subsequent advice posted on this thread by other forum members and I was only being wary due to the numerous instances when some have cautioned about parking companies and their legal reps trawling these pages to stay a step ahead.   As I did also state however, I'm happy to provide full details of that initial reply to DCB Legal and have therefore reproduced it below. Thanks.    
    • China's economy grew at 2.3% for the year, making it the only major economy to see growth last year. View the full article
    • more: extend the contract line by....   contract exists between the claimant and the landowner which assigns the claimant the right to enter contracts with the public and make claims in their own name. I put the claimant to strict proof that such a contract exists.   1st few lines like this:   1.I am the defendant in this matter.   Any documentary evidence relied upon by me in this, my statement will be referred to and produced as exhibits RSS1, exhibit RSS2 and so on, and are labelled and attached accordingly.   All exhibits are listed below List of Exhibits    2. In this Witness statement, the facts and matters stated are true and within my own knowledge, unless indicated otherwise.   3. I am the registered of the vehicle, xxxxxx   4. I am not liable to the claimant for the sum claimed, or any amount at all.   just sign and date at the end no statement of truth is needed sorry.   dx        
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Housing benefit visit


Please note that this topic has not had any new posts for the last 2197 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.

Thank you

Recommended Posts

Yesterday I had a housing benefit visit asking me questions about how I paid my rent who did I pay my rent to etc, then they asked if I was related to the letting agent which I am not , but then she asked me if I was related to the house owner which yes I am, I told her I went through the letting agent as we all wanted it to be done above board and that we way we were doing nothing wrong. I claim housing benefit because I am disabled and my husband is retired .I receive income related esa and he gets his pension. She was ask me why did I want to move into this house. Well it is a bungalow and were we lived before we could not get a bungalow and this came up at the right time, paid my month upfront as well as my deposit so I did not hide anything and I was open and honest about everything. She was being very personal asking me why I wanted to live in this bungalow which I answered I spent a very happy part of my childhood here and it made me feel safe, don't know if that sound stupid? But it does make me feel safe. I was very estranged from my parents and siblings so it just felt right to live here , I felt close to my auntie . Can you tell me have I done something wrong and will they stop my benefit until it is sorted.

Link to post
Share on other sites

How are you related to the Landlord please as this will have a bearing on the advice you get

 

 

Also have a read here

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/what_is_housing_benefit/housing_benefit_if_renting_from_a_family_member

If I have been of any help, please click on my star and leave a note to let me know, thank you.

Link to post
Share on other sites

If you're paying rent, which presumably you can prove, I don't see how you can be doing anything wrong.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

Link to post
Share on other sites

The questions were probably intended to establish that the tenancy was not "contrived". A "contrived" tenancy is one that is designed solely to take advantage of the HB system - for example, relatives who would not normally charge each other rent doing so in order to claim benefits. I realise that's not what's happening in your case, but it is a fairly well-known type of fraud so they do tend to ask intrusive questions if you are related to your landlord. However, it seems you have a proper commercial tenancy through a letting agent. Is the rent you pay about what your landlord would charge someone who wasn't related?

 

Your post suggests that your aunt is your landlord. If that's the case, there's no rule that says you can't be her tenant and claim HB. You cannot claim HB if your landlord is your:

 

  • parent or step-parent, father-in-law or mother-in-law
  • child or step-child
  • daughter-in-law, son-in-law
  • sister or sister-in-law, brother or brother-in-law
  • half sisters and half brothers
  • or the partner of any of the above

If you are related to your landlord in any other way you can claim HB subject to the "contrived tenancy" rules I mentioned above.

 

 

So basically, if your aunt is your landlord and the arrangement you have is a genuine commercial one, you have done nothing wrong. They shouldn't stop your HB, I wouldn't think, but you could contact them in a few days to check that all is well if you're worried.

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.

Link to post
Share on other sites

The above post is slightly misleading,

copied from the shelter website

You are not entitled to housing benefit if you pay rent to a close family member who shares all or part of the home with you. For example, if you make a contribution to household costs when living in your parent's home.

 

These people count as close family members:

 

parent or step-parent, father-in-law or mother-in-law

child or step-child

daughter-in-law, son-in-law

sister or sister-in-law, brother or brother-in-law

half sisters and half brothers

Partners of any of the above are also considered close family members.

 

Therefore you may rent off a close family and claim housing benefit if the family member doesnt live in the same house as you.

Link to post
Share on other sites

This sounds a bit strange "Crafty".

Do the HB rules mean that my rich uncle who owns 3 properties outright, in London, can let me live in one of his empty properties then charge me the maximum HB allowance rent, then we split the payment 50/50? Surely this can't be right? Lovely deal for us if it is though...

Link to post
Share on other sites
This sounds a bit strange "Crafty".

Do the HB rules mean that my rich uncle who owns 3 properties outright, in London, can let me live in one of his empty properties then charge me the maximum HB allowance rent, then we split the payment 50/50? Surely this can't be right? Lovely deal for us if it is though...

 

 

That isn't right as that would be fraud and contrived!

 

Your uncle would have to treat you as he would any other tenant or HB would not be paid.

Link to post
Share on other sites
The above post is slightly misleading,

copied from the shelter website

You are not entitled to housing benefit if you pay rent to a close family member who shares all or part of the home with you. For example, if you make a contribution to household costs when living in your parent's home.

 

These people count as close family members:

 

parent or step-parent, father-in-law or mother-in-law

child or step-child

daughter-in-law, son-in-law

sister or sister-in-law, brother or brother-in-law

half sisters and half brothers

Partners of any of the above are also considered close family members.

 

Therefore you may rent off a close family and claim housing benefit if the family member doesnt live in the same house as you.

 

Yes - I read your post and thought "I said that already!". Then I re-read my own post and realised that, actually, I didn't. Thanks for pointing that out. :wink:

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.

Link to post
Share on other sites
Sure, but prove it! (that's my point)

 

Anyone could commit fraud in any number of ways. They can't all be ruled out, and after all, you could pull the stunt you described with a friend who was not related. Where landlord and tenant are related there are often some extra checks to ensure the tenancy is not contrived, but sure, yes, fraud is still possible.

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.

Link to post
Share on other sites

The test should be is it a proper tenancy? The answer to that is yes (from what you have said) so nothing to worry about. The HB people might think what they want about you but they sure as hell cant go round accusing commercial landlords of fraud though without being accountable for their words.

Link to post
Share on other sites
  • 1 month later...

Hi,

Thanks everyone for your advice, my cousin owns the house and we went through a letting agency as anyone would do. They did all the usual checks and we get treated like all other tenants. No special treatment for us. We do not get full housing benefit we have to pay half of the monthly rent. We have not heard anything from housing benefit since the visit so we do not know what is going on. But we are plodding along paying the rent to the agent and we only deal with the agency,so we are in the clear as we have been honest with the benefits from the start. No news is good news as my dad used to say .

Link to post
Share on other sites

Is your benefit still being paid?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

Link to post
Share on other sites

I moved into my flat a few years ago folloowing a period of depression. The landlord is my brother who lives elsewhere;

 

After a trial period we agreed to create a proper tenancy where I paid rent etc.

 

When claiming Housing benefit the LA did everything they could to claim contrived agreement. Even going as low as saying that the first two week trial made it so.

 

However when I lodged my appeal to the first tier tribunal they decided to review the decision again and award full entitlement. Be prepared for a fight.

 

I did highlight a case where a tenant was disabled and that the LA had said contrived agreement on the basis that the LL relative was doing extra than was expected in order to support their tenant. The judge ruled against the LA and said that this did not make it a contrived tenancy.

 

If i can dig out the case again I will let you know :)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites
This sounds a bit strange "Crafty".

Do the HB rules mean that my rich uncle who owns 3 properties outright, in London, can let me live in one of his empty properties then charge me the maximum HB allowance rent, then we split the payment 50/50? Surely this can't be right? Lovely deal for us if it is though...

It is not strange at all Mcall I have gone down the correct channels by going through the letting agency and paid my deposit and month upfront and kept it at that since moving in. I have been charged the same rent as anyone else who could have rented the property so no it isn't strange.

Link to post
Share on other sites
Is your benefit still being paid?

Hi, yes my housing benefit is still being paid not heard anything from them since the visit. So I have obviously been through this for nothing, I knew I hadn't done anything wrong but I think I needed reassurance that I had done all the right things. Thanks everyone it is appreciated

Link to post
Share on other sites
Hi, yes my housing benefit is still being paid not heard anything from them since the visit. So I have obviously been through this for nothing, I knew I hadn't done anything wrong but I think I needed reassurance that I had done all the right things. Thanks everyone it is appreciated

 

I suspect that if there was any doubt that they wouldn't be paying but you could do with confirmation. Give them a ring and check they're satisfied.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...