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    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
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Good Afternoon

 

I am not sure if this is the correct thread so please if needed to remove to the correct thread please do so..

 

I had been signing on for about a year, until i landed myself a nice part time job in a clothing shop, I signed off from the local job Centre, but due to me renting a property i still needed help with my rent. I was told by the Local Housing Benefit office that if I worked part time I would have to contribute 20% only towards my weekly rent, which was not to harsh.

 

I obtained as requested from the Housing Benefit a letter of proof from my new employer that I would be working 16 hours over three days, at a starting hourly rate of £6.70 an hour rising to £7.20 an hour once the new rate came in April. I have had problems with the local Job centre for the past 6 months, stopping my benefit due to my own problem caused by signing on late on a few occasions, but now I do not claim any Income Support or JSA from the 15th March 2016.

 

Today (11th April 2016), i received a letter from the housing stating that I would have to pay full rent due to that the local job centre had informed them that I was working 16 hours which the job centre had stated to the housing is classed as full time work. after a lengthy discussion with the job centre they were strong on their opinion that 16 hours is full time. The JC advisor could not be more strong on their opinion of this, but after many discussions with local business's and work agencies I was told 16 hours is classed as part time as long as I had a written proof form the employer.

 

The advisor went on to say to me that the Employer was wrong and that 15 hours is now part time not 16. and that he had to change the letter and drop my hours. Now they have stopped my claim for housing benefit on the say of an advisor from the JC even though i no longer sign on and no in receipt of any JSA or Income Support.

 

Now my question is please - Is 16 hours classed as full time or part time ?

 

Thanks in advancer for any help on this dilemma.

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my income is paid over a 2 week period - I am now on £7.20 an hour due to the increase, my current earnings for the past 4 weeks is £444.80 - my rent is £380 a month, the current max rent they pay out weekly is £86.23 which equals £362.16.....My benefit was £146 fortnightly and now my wages income is £230.44 - £84.44 difference every fortnight.

 

I should to pay apparently 20% towards my rent fortnightly which is £72.42 - its just the fact they say 16 hours is not part time but full time work,

 

Thanks for the reply

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As above, housing benefit is based on income and circumstances, it should not matter how many hours a week you work. I can't work out exactly how much benefit you would be entitled to as this will vary according to your age, circumstances and where you live.

 

If your council insist that the number of hours you work is relevant, ask them why.

RMW

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Are you claiming working tax credit and are you claiming as a single person? Housing benefit and council tax relief is based on your total income . For jobcentre purposes if you are working 16 hours or more I believe you have to sign off and are considered to be 'full time' ( another manipulation of the employment figures) and have to claim other benefits to top up your wages.

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Right, I think what's happened is that your "passported entitlement" to HB has ended because you are working over 16 hours per week and yes, the Jobcentre does class this as full time. However, that doesn't mean that you're not entitled to any HB at all.

 

Contact the Benefits Office at your council and explain the situation. Tell them that although you're no longer receiving JSA, you're still on a low income and wish to claim on that basis. They may ask you to fill in a new claim form, and they'll probably want to see bank statements and payslips as proof of income. You may need to send them payslips regularly to confirm that your income hasn't changed.

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Are you claiming working tax credit and are you claiming as a single person? Housing benefit and council tax relief is based on your total income . For jobcentre purposes if you are working 16 hours or more I believe you have to sign off and are considered to be 'full time' ( another manipulation of the employment figures) and have to claim other benefits to top up your wages.

 

I am not working above the 16 hours, I am not in receipt of tax credits a I am a single person and am not working the 30 hours to apply for that. What I am trying to establish is 1. Is 16 Hours Only classed as Part Time or Full Time ? - Not one minute above i work so your saying as my income is low, the housing benefit should take in to account my income only, i need that to be correct 100% ? . The Job Centre have told me 16 Hours only is part time and now I have a serious dilema that they are billing me full rent and council tax, with earnings of 440 a month and my Rent and CC coming to 459 a month where is this correct.

Edited by DPG
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my income is paid over a 2 week period - I am now on £7.20 an hour due to the increase, my current earnings for the past 4 weeks is £444.80 - my rent is £380 a month, the current max rent they pay out weekly is £86.23 which equals £362.16.....My benefit was £146 fortnightly and now my wages income is £230.44 - £84.44 difference every fortnight.

 

I should to pay apparently 20% towards my rent fortnightly which is £72.42 - its just the fact they say 16 hours is not part time but full time work,

 

Thanks for the reply

 

When I applied for the Job i went to HB to make sure of the situation regarding my rent, they said and I Quote 'You will have to pay 20% towards your rent due to only working 16 Hours' Now this is all confusing for me, and very stressful

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I missed the part where you said you were working exactly 16 hours per week. The rule is basically "16 hours or more" per week, so that will be what has stopped your passported HB entitlement. When claiming JSA you automatically get full HB to cover all of your eligible rent. Once your JSA claim stops that automatic entitlement also stops, but you can still claim HB based on your low income, and that is what you should do urgently.

 

It doesn't matter, from an HB point of view, whether your work is classed as full time or part time - it is assessed based on your income. I don't know about the 20% thing - it's not a rule I know about, and I suspect there might have been a miscommunication somewhere.

 

 

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The idea that all politicians lie is music to the ears of the most egregious liars.

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