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    • Interesting that the issues of Johnsons problems with whichever side wins the US elections is starting ti hit the main news services   Summary If Trump won: Trump has defined in the trade objectives already referred here, would want to open up the UK to US GM crops and hormone injected and chlorine bleached meat while allowing damn significant to the UK populous in from the UK 0 which Johnson crew have no issue with and have been enabling despite the Johnson and crew lies. Other than that Trump would only want the UK govs unqualified support in whatever he chose to tweet.   When Biden wins Biden is still America first, and an Irish American at that. Johnson is a Brexit and Trump supporting populist who has thrown Ireland under his red brexit bus. Biden will also be less interested in a UK that can't promote US interests in the EU so all that remains (at least until Scot independence) is the UK's vote as a permanent member on the security council and as a market for US goods on US terms.   The Tories will need to get rid of Johnson and the populists and hope the blame for the multiple train wrecks at hand goes with them - now the Brexit and freeport goal has effectively been achieved.  
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    • Hi folks,   So I've spoke to customer service at Enterprise and was referred back to the traffic violations team who sent the original email refusing to refund the the charge.  She gave me a phone number to call but is currently down because of covid so I'm not currently able to talk to anyone on the phone about this.  I checked out the Ts&Cs in the contract and found that it does in fact cover parking "fees" and "charges" so not sure what grounds to challenge this on, given I cannot actually speak to anyone.    TRAFFIC VIOLATIONS, PARKING AND TOLLS: I acknowledge that for the period of the rental I am liable for all traffic violations; parking fees, fines or penalties; and charges and penalty tolls. Owner will charge you an amount of up to £35 for administrative costs.   Look forward and to hearing from you about this and how best to deal with Euro Car Parks.   Thanks in advance
    • Only one letter was there but as usual they have gone overboard and asked for way too much money. The most they can claim is  £100 but time after time these cases get thrown out of Court as an abuse of process. It is pretty close to fraudulent so that is good for you if they try it in Court.  BUT DO NOT CONTACT THEM OR ANY OTHER DEBT COLLECTOR EVER. Were both letters from DRP. If not you can photograph the other letter and upload it on to your computer.
    • So he has .....ignore..I was referring to post #36 .....manual application for default
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overpayment court case dropped, but i've lost my home and contents - redress?


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Hi, In 2009 my JSA (income based) stopped & so did my H/B & CT/B and

 

 

I then received H/B etc through my applicable amount after filling in a 'Review' form from the LA.

 

 

5mths later I qualified for JSA again & I again received H/B CT/B through my passported benefit.

 

 

Would I at the time have had to filled in a new application form for H/B ie HCTB1 or a Rapid Reclaim form (if in time) HBRR1 please?

 

Thank you.

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No it would just have been a change of circumstances.

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

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As a form was needed to change my circumstances (review form) from a passported benefit

I assumed a form was required to change it back to a passported benefit

and the entitlement to H/B etc via the review form (applicable amount) was superceded

by my entitlement via a passported benefit there would have to have been some documentation.

 

 

The regs say that a rapid reclaim can be made within 26wks for H/B providing my circumstances had'nt changed since my last claim

and as it was within 26wks and my circumstances hadn't changed so it seems logical that a rapid reclaim form was submitted by me

otherwise I would have to have made a new claim for H/B.

 

 

The LA are using against me a form that was superceded months before the date they prosecutedd me from.

Edited by hayclan
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rapid reclaim forms are only required where there has been a break in HB entitlement, such as moving from JSA(ib) to full time work for 2 months (where income is too high for HB) then back to JSA(ib)

 

if HB is continuous, such as moving from JSA(ib) to part time work for 2 months (where income is low enough to still get HB) then back to JSA(ib), then it can simply be treated as a change of circumstance

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Exactly my point!

 

My JSA stopped so did my passported entitlement to H/B.

The LA informed me so & said there may be an overpayment etc,

 

I was then invited to fill out a review form due to my change in circumstances etc,

 

22mths later my circumstances changed again and I was then entitled to H/B through a passported benefit

so that became a change in circumstances and the 'conditions' of my entitlement changed.

 

In both cases I had full entitlement but my entitlement came through different applications & regs,

 

when my entitlement changed from applicable amount (no benefits) to a passported entitlement (JSA) (IB)

 

I would have to signed a declaration saying that my circumstances hadn't changed since my last claim

(JSA) (IB) to enable me to have a rapid reclaim (within 26wks).

 

That's what the rules say & it makes sense.

 

The LA are using a review form that was superseded.

 

Thank you.

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if HB is continuous, then it can simply be treated as a change of circumstances, there is no need to complete a form

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So why did I have to fill in a Review form when my JSA finished?

 

so that the Council knew your circs/income/capital to carry out a means test

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correct. So why didn't I need to fill in another form to stop that entitlement due to my circumstances, ie JSA (iB). Point being how can a form be used in court when it was superceded by another entitlement? Thank you.

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JC+ does the means test when you go back onto JSA(ib), so the Council dont need to do a means test, this is the reason JSA(ib) is a "passported benefit"

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Ok I get that because I know that the DWP do there own investigations & see documented proof and the LA accept those, that's fine but it either has to be a 'fresh claim'form (not in reciept of H/B) HBCT1 or it's a rapid reclaim HBRR1 (within 26wks, which it was) There are only these two that apply to this situation. I'm sure the LA cannot use a form in a prosecution that was superceded by another form.

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We cannot accurately advise you in what seems to be some sort of benefit fraud case without actually knowing anything about what sort of fraud, if any, is being alleged. Based on the information we have, we can't say what the LA can or can't use in court, a matter which would, in any case, be up to the judge to decide.

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Hello Antone, This situation is crazy I promise and would take an age to tell.

 

I am accused of 'failing to notify' s112 of the SSAA. & have evidence to the contrary.

 

I engaged a Solicitor (1st time) furnished the co with a lot of evidence etc & the Magistrates trial was a farce, the Solicitor agreed things with the prosecution I never agreed to in fact I had only seen my Solicitor in court for the plea then trial, we had never talked about my case!

 

I never once got the chance to 'engage' with him in fact at my trial I was convinced that he hadn't even looked at my paperwork & didn't appear to have any of it with him at my trial. Anyway due to that I am now a litigant in person and going through an appeal, I have had 5 seperate dates for my appeal which were all cancelled last minute, the last appeal was about to be heard and I gave the prosecution Barrister a copy of my defence statement and the appeal could no longer be heard, I pointed out the prosecution had not been bought in time (true).

 

The point of my question, was in essence, that the prosecution had provided 'evidence' of a H/B CT/B application form with my signed decleration (no evidence of an award notice/letter) as proof that I was in receipt of that benefit except that form was superceded within 26wks, 8mths before the start of the alleged offence!

 

it is not evidence of receipt of H/B etc for the alleged period!

 

I have no doubt that I was in receipt of H/B & CT/B at the start of the alleged offence (wasn't in rent arrears) but the review form doesn't count as it was superceded before the alleged offence! No evidence has been shown that I was in receipt of H/B through the alleged period.

Edited by honeybee13
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when you say you are going through an appeal, do you mean that: -

  1. you were found guilty at magistrates court, and you are now appealing the conviction?
  2. you are appealing against a Housing Benefit (and/or CTB/CTR) decision to a tribunal?

 

you are stating that without an award letter, there was no proof you were in receipt of HB

does this mean: -

  1. that you were not in receipt of housing benefit during the relevant period
  2. that you were in receipt of HB during the relevant time and just that the letters were not in the bundle

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The LA told lies to a tribunal and I was found guilty of an overpayment and refused an appeal (I can prove the lies)

 

then the LA charged me with a criminal offence and I was found guilty,

 

I appealed and the LA offered no evidence against me and all charges quashed.

 

The prosecution was malicious/abuse of process.

 

Two things,

is there anything I can do to overturn the tribunal decision regarding the overpayment

and

what action can I take against the LA for this abuse of process?

 

I lost my home and contents and they raked through every corner of my life with their investigations.

 

The harrassment of me must have cost the residents a pretty packet.

 

I would appreciate any advice you may have.

 

Thank you.

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did you appeal to Upper Tribunal?

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did you appeal to Upper Tribunal?

Yes but it was refused. I thought that was that but have since been told that there was Judicial Review. I had a lot of Civil cases going back and forth with the LA at that time so was distracted. Thank you.

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several old threads merged for history

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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based upon your apparent reticence to provide sufficient details of what has happened to allow people to adequately offer meaningful advice, i would advise that you seek professional legal advice about options open to you

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