Jump to content


  • Tweets

  • Posts

    • Thank you for the letter, that makes things a lot clearer. So it's a statutory demand rather than self-certifying. See what @Man in the middle thinks but to me, it seems as if the lawyer has a good strategy and seems to have covered all the bases. HB  
    • Could you post up the letter, with your personal info and their reference covered up, please? It should say Letter of Claim, but let's have a look just in case. HB
    • I know dx, a lot of it was my partner and how she felt about it. I also appear to be addicted to my credit file being clean. I still worry for my partner she has too much on as it is, but I am ensuring I manage both of ours so She can forget about. i guess in terms of time I bet masses are defaulting with this economy as it is right now and high interest rates might be the only thing going for me right now. I guess  I’ll find out
    • Please see below for an extract from the letter more about my case. You have been convicted of two matters of failing to give driver details linked to two speeding offences and been disqualified in your absence. You confirmed that you did not receive the court documentation and the first you knew about the cases was on 3/6/24. As you can make a statutory declaration it is possible that we will be able to persuade the police to accept pleas to either or both of the speeding offences as they were committed within a very short space of time and withdraw the two fail to give driver details offences as normally if you plead to one or other of the speeding or fail to give driver details the prosecution will withdraw the other related offence. If successful you would not face a totting ban. In respect of the speeding offences, it could be argued they were committed on one occasion due to the proximity of the time and location and we may be able to persuade the prosecution to drop one of the speeding offences. You are technically guilty of all the offences because you accept it was you driving when the speeding offences were committed and that you did not update your change of address with the leasing company when it was your responsibility. If the prosecution will not withdraw the two failures to give driver details offences, you will face a totting ban but will be able to put forward an exceptional hardship argument. This  may or may not go ahead at the court hearing date, so we need to prepare for all eventualities. As a safeguard we have lodged the appeal and applied to suspend your ban pending appeal due to the time limit for being able to automatically appeal without getting leave of the Judge. The court have dealt with the matter very quickly and have actually listed your matter for an application to suspend the disqualification pending appeal on the above-mentioned date. We could actually use this date to make the statutory declaration in court having explained the situation to the magistrates and then see if the prosecution will agree to accept pleas to one or both of the speeding offences as a way of resolving the matter without the need for you to put forward an exceptional hardship argument. It is possible the case would need to be adjourned so that we can make those representations, or the court may want to go ahead and hear the exceptional hardship argument. The outcome of your case is always at the discretion of the Court.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Not entitled to benefit urgent advise please needed please please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2645 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all

 

Can I ask what is a reasonable waiting time for a reconsideration on esa as per other posts I had the wca, received letter 5 days later got 0 points phoned straight away for the reconsideration got a letter back stating it had Ben accepted from the 7th November so have waited have rang a few times been told I would just have to wait as they had a backlog

So to date nothing and this is the 11th January

 

We received no monies so decided to ring benefits and had to sign on to jsa explained I was not fit but was told if I didn't do it I get no benefit and as of yet we signed on the 29th December we haven't got anything from it either we use to get help with mortgage on our interest mortgage but have got nothing from anyone we don't no what to do next as no one wants to no

Link to post
Share on other sites

  • Replies 134
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Guys could someone please advise urgently

Going to shorten all that has happened

 

Was on esa for last three years. Done the wca and received the normal 0 points asked for a MR straight away that was 7th November 2016 got a letter to say they will look into it so we waited and heard nothing we thought it be a week or two but to date still no word

So we rang to see what happening was told there was a backlog as we needed some money we ended up signing on to jsa me and my wife was told to come in on 29th December so we did we filled in the forms with the ones behind the desk

We didn't realise we could claim jsa straight after the letter giving 0 points on esa so back claimed this we only found out when we rang to see what going on with the esa MR

 

We have today got a letter saying my wife is entitled to jsa at £73 per week I got a letter to say I'm not entitled to any benefit as I haven't paid enough nic contributions in the year 2007-2008. And we were told we not entitled to claim the bad pay benefit as didn't have a reasonable reason and left it to late we can ask for a MR of this

So all we will get now is £73 could my wife not claim for me instead of 2 different claims as when I was on esa I claimed for her

 

Please guys any advice we really starting to struggle and all is getting the better of us no monies from beginning of November

Link to post
Share on other sites

Hi Sparky

 

Im so sorry but benefits is not my strongpoint... However have you considered... https://www.turn2us.org.uk/Find-Benefits-Grants

I understand that it can be quite a bit of help?

 

Also one of the team will be along shortly.

Link to post
Share on other sites

Hi thanks have tried that it states we as a couple should get 114 a week but don't no if that takes these contributions into account as I have been on esa for 3-4 years

 

We don't no what to do our local cab can't see us to next week

 

You can see we need help as soon as possible

Link to post
Share on other sites

please keep to one thread

it makes a total mockery of people giving advice if you keep making new threads each time you have a new issue.

 

 

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... 

Link to post
Share on other sites

I am very surprised that you cant claim income based JSA as a couple, I take it your wife is claiming contribution based JSA but you don't qualify for that am I right??

 

 

Did your wife and yourself just put in claims for contribution based JSA? have you asked about a couples claim for income based JSA.

 

 

This link may help

https://www.nidirect.gov.uk/articles/jobseekers-allowance

 

 

Joint claims for Jobseeker’s Allowance

 

If you have a partner who was born after 28 October 1947 you may need to claim JSA as part of a couple (this is called a joint claim).

In a joint claim for Jobseeker’s Allowance, both members of certain couples usually have to claim together, and both people must usually meet all the rules for getting income-based Jobseeker’s Allowance. This applies if:

 

  • you, your partner, or both of you are aged 18 or over and were born after 28 October 1947
  • neither of you are responsible for a child

Link to post
Share on other sites

Agree with Madamfluff - are you sure you haven't made two separate contribution-based claims? What you need to do is ask your wife to complete a JSA3 form to request that they consider your joint entitlement to income-based JSA(IB). You also need to be on JSA(IB) to get mortgage assistance.

 

With regard to the backdating, you could ask for an MR. However, they won't normally accept "I didn't know I could claim" as a valid reason. No harm in trying, though.

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

Hi guys

 

Sorry have been down sick and out of action for a wee while

 

I will update after my initial post I contacted CA and done the online calculator and as some stated we were due more

We contacted benefit office and yes they said they made a mistake it should have been a joint claim when we applied to sign on we rang them and explained what happened we were told to come in on a date and time and when we did we were given the forms to fill in we never questioned it as you would think they would no their own job

We were also told they will not back date claim to 7th November as that is date when esa put us off and we asked for a MR on esa decision they stated in jsa that we could have signed on sooner so if we did they still be out the benefit the whole thing is a [problem] to stop benefit and claw back when they can

But now they are sorting it they state but we only have got one payment if you ring they say there is nothing on system because of asking for MR for not backdating on jsa benefit

Kicked off esa 7th November asked for a MR on same day we didn't realise we needed to sign on so quick 20th December called esa told there is a backlog and asked how we going to get benefit they tell us to go to jsa sign on the 29th they make mistakes and won't backdate it either we have had £200 since and altogether to date we signed on again last week for the next fortnight but still no monies our claim still be looked at

 

Have heard nothing from ESA since letter stating they will consider our MR don't believe it takes this long

 

Once again guys thanks for all help on here

Link to post
Share on other sites

  • 1 month later...

Hi all

Would like to know your opinions after being put off esa and appealing straight away which was Nov 2016 we didn't realise as was explained to us that we could claim jsa benefit we did not claim jsa for 5 weeks eventually we got jsa after a few problems but they will not backdate it to end of esa as they say we were not available for work but won't explain that bit so appealed it refused again but now we going to appeal

 

But on another note we asked for a MR on our esa from November but to date of today this has never been decided we have rang and sent more info but nothing from them November 6th 2016 to now how long is acceptable as they are stopping me going for appeal if I was allowed to appeal there is a chance I could get back the 5 weeks benefit we lost

We believe esa has realised we getting jsa and are trying to ignore it

 

Could I get any ideas on this the 5bweeks loss in region of £800

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...