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    • Thanks @FTMDave. I suppose I felt my defence would be that it was an honest mistake and even the initial £60 charges seemed unjust, let alone the now two £170's he is now demanding. There is no Justpark code for 'Sea View' and the first/nearest car park that comes up when you're in the Sea View car park is the 'Polzeath beach car park'. If I have to accept that I need to pay £340 to avoid the stress of him maybe taking me to court, then so be it. If people here advise me I don't have a case then I will just have to pay.
    • What you've just written complicates things. No, the snotty letter now needs to be changed so don't rush and send something off just yet. We see you've done your reading up - well done - so you'll have seen we have several cases with our mate Kev.  His MO is to hide signs in the undergrowth where no-one will see them, and ignore consideration & grace periods, so he can issue his invoices.  His antics mean that motorists are legally in the right not to pay his invoices.  And so far he hasn't had the bottle to do court. However, your case is different.  As much as we despise Kev, you didn't pay for the private car park that Kev "manages" but instead gave the money to a completely different car park run by the council.  In that case Kev does have the right to be miffed.  I've just a mock booking for Sea View car park on JustPark and it works no problem. I think you have two decisions to make. 1.  Do you want to do a chargeback with your bank to get back the £60 you paid?  I did a chargeback about a year ago for the first time, i didn't have a clue what to do, but the regulars here guided me and everything was painless. 2.  Although you are probably legally in the wrong and may have outed yourself as the driver do you want to refuse to pay Kev for the other two?  If Kev won't do court then after all his bluster you'll be in the clear. However, as there are two tickets involved (potentially three if you go for chargeback) Kev's geed might win over his lack of backbone and he may go for court. There's no easy solution.  Your choice.  We will of course support you all the way with what you decide.
    • Ok thanx  I keeping coming across this term “ holding defence”. Can someone explain what this is. Thanx. 
    • Thank you @lookinforinfo and @FTMDave.  The car park I paid for by mistake instead of this one was Cornwall council, not Alliance. Will the letter still be ok in this instance? Thank you so much again for your help. When you open the Just Park app in the  Alliance car park (Sea View) the first car park that comes up is Polzeath Beach. Both car parks are on the beach. The signs do not give a code for 'Sea View' anywhere. I also have not been able to find the landowner to complain. (not on land registry.) Please confirm whether above letter is ok to send, thanks again.
    • OK thanks, I noted them down when I checked the report - 3 have already expired, although if I'm adding the 14 days on then it'll be another week or so for those. The others are; end of July (so into August is that right?), end of August (these two are the big ones) and a couple of grand on Shop Direct at the end of November but seeing as this furthest one is Lowell and they have already missed those first 3 then I feel pretty safe with that one. Are these DN dates on the credit report that dates I should be looking at +14 days when their anniversaries come up this year as the time when I can be sure the debts are SB?  I won't be rushing to send the SB letters anyway until the final one has passed and I can just do them in one fell swoop.
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Help please housing benefit


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now i have submitted an appeal they are really pushing me to agree a payment plan and i find that very suspicious.

 

Wait until they have carried out the appeal.

 

Any notion of a payment plan before then is a bit premature.

 

But do your own I&E and then you will be able to tell them what you can afford to pay back as part of a payment plan if needed.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Wait until they have carried out the appeal.

 

Any notion of a payment plan before then is a bit premature.

 

But do your own I&E and then you will be able to tell them what you can afford to pay back as part of a payment plan if needed.

 

Good advice.

In the appeal letter request that they consider holding recovery until the outcome of your appeal is known.

Please do not ask me for advice via PM as I will not reply.

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had a reply after my appeal

i will send the full content when i get home.

 

basically they are saying i cannot appeal because its law and sent me a DWP document stating regulation 23 of the housing benefit regulations 2006.

HB/CTB circular A30/2004 overpaid tax credits

38 if an overpayment of tax credits has occurred during a period i which HB/CTB was also payable, and the overpayment of tax credits is subsequently recovered, there is no provision in regulations to reassess the HB/CTB awarded for that period.

i have looked at regulation 32 and it dose not mention anything about overpayments

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this is the actual document they have sent.

Regulation 32 Calculation of average weekly income from tax credits

6 March 2006

 

 

 

(1)

This regulation applies where a claimant receives a tax credit.

 

(2)

Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).

 

(3)

Where the instalment in respect of which payment of a tax credit is made is—

 

(a)

a daily instalment, the period is 1 day, being the day in respect of which the instalment is paid;

 

(b)

a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;

 

©

a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;

 

(d)

a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.

 

(4)

For the purposes of this regulation “tax credit’ means child tax credit or working tax credit.

 

 

 

 

 

HB/CTB Circular A30/2004

Overpaid tax credits

38 If an overpayment of tax credits has occurred during a period in which HB/CTB was

also payable, and the overpayment of tax credits is subsequently recovered, there

is no provision in regulations to reassess the HB/CTB award for that previous

period

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The A30 means that the overpayment stands as it's the income you received at the time that they use. This also works in some people's favour as if you were underpaid tax credits for the period, they don't go back and decrease your HB.

Is your overpayment from your increased wages when you went self employed?

Please do not ask me for advice via PM as I will not reply.

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The overpayment was only a small amount I'm talking a couple of hundred. That's my gripe a couple of hundred over and they want thousands back

 

Have you spoken to your local MP or councillors?

 

Have you exhausted their complaints procedure?

 

Have you got them to explain FULLY, in language you understand, HOW they have arrived at the figures they're quoting you to be repaid??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Have you spoken to your local MP or councillors?

 

Have you exhausted their complaints procedure?

 

Have you got them to explain FULLY, in language you understand, HOW they have arrived at the figures they're quoting you to be repaid??

 

How long ago was it calculated? If it's thousands it might go to the investigation team.

Please do not ask me for advice via PM as I will not reply.

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local mp is not an option staunch conservative who regularly votes against human and workers rights. in the news for telling a student to f off back to scotland

 

have councillors got any say ?

 

according to them i don't have a claim as its law (not sure about that)

 

they have explained but in there language

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local mp is not an option staunch conservative who regularly votes against human and workers rights. in the news for telling a student to f off back to scotland

 

have councillors got any say ?

 

according to them i don't have a claim as its law (not sure about that)

 

they have explained but in there language

 

They are correct. The law has been correctly applied & they can not intervene.

Please do not ask me for advice via PM as I will not reply.

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They are correct. The law has been correctly applied & they can not intervene.

 

Did you preside over this case then??

 

crock, you say your local MP isn't an option, so that tells me you've not exhausted all avenues of complaint, regardless of your opinion of your local MP and Cllrs, they have a DUTY to their constituents.

 

You need to tell them that the LA they preside over is failing its constituents, and failing to answer complaints in a language YOU understand.

 

You could of course, roll over and accept being royally shafted, which makes this whole post pretty pointless?

 

You asked for advice, some have given it, but you seem keen not to action any of it.

 

IF the LA has given you its final response, or a ''deadlock'' letter, then they will tell you who you can escalate your complaint to.

 

From what you say, this hasn't happened?

 

Go back to the LA, tell them you do not accept their response, and wish to escalate the complaint further, once its reached the top of their complaints process, they will issue you with a deadlock letter, or their final response, and it will give you the address or contact details of who you're able to escalate it to.

 

If you're unhappy with the response you get from the LA, then copy in your local MP and councillors along with your complaint, so as you can escalate this further, out of the LA's hands and onto the local government ombudsman.

 

The previous post is flippant at best.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Did you preside over this case then??

 

crock, you say your local MP isn't an option, so that tells me you've not exhausted all avenues of complaint, regardless of your opinion of your local MP and Cllrs, they have a DUTY to their constituents.

 

You need to tell them that the LA they preside over is failing its constituents, and failing to answer complaints in a language YOU understand.

 

You could of course, roll over and accept being royally shafted, which makes this whole post pretty pointless?

 

You asked for advice, some have given it, but you seem keen not to action any of it.

 

IF the LA has given you its final response, or a ''deadlock'' letter, then they will tell you who you can escalate your complaint to.

 

From what you say, this hasn't happened?

 

Go back to the LA, tell them you do not accept their response, and wish to escalate the complaint further, once its reached the top of their complaints process, they will issue you with a deadlock letter, or their final response, and it will give you the address or contact details of who you're able to escalate it to.

 

If you're unhappy with the response you get from the LA, then copy in your local MP and councillors along with your complaint, so as you can escalate this further, out of the LA's hands and onto the local government ombudsman.

 

The previous post is flippant at best.

 

No I didn't. What I'm saying is the councillor can't do anything and appeal is the only route.

 

What I am also saying is the law says that the HB can't be retrospectively adjusted because tax credits are which appears to be the crux of the matter.

Please do not ask me for advice via PM as I will not reply.

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have asked them to point out the law that states wftc can not be deducted after it has been paid back. from what i have recived its a circular taged on to the bottom of regulation 32. how dose that make it law ?

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have asked them to point out the law that states wftc can not be deducted after it has been paid back. from what i have recived its a circular taged on to the bottom of regulation 32. how dose that make it law ?

 

It's a clarification of reg 32, which is law. You can challenge the circular but if you are going to go down that line you need to get professional help. What I would add is it sometimes works in people's favour - tax credits were underpaid but they don't go back and amend HB.

Please do not ask me for advice via PM as I will not reply.

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The crux of the matter is you had the income at the time the benefit was awarded and it was awarded and calculated on the correct circumstances at that time. i.e. you received the tax credits as an income.

 

You now have to pay it back, but you still had that income to spend at the time the HB was awarded and calculated, regardless of the overpayment that has now be calculated. as such you received the correct amount of HB at the time.

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So all being said, there is a repayment that needs to be made, BUT, you disagree with the total amount yes?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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actualy the crux of the matter is that i have not had the money ! its unfair unjust and probably illegal. they only target people who are not in a position to defend themselve. i was overpaid by a couple of hundred and they expect me to pay back 5k do you think that is fair ????

the system is intended to support people in need and at the time i was in need. but the LA are now manipulating the system making up rules and lying to raise revenue.

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i disagree that what they are doing is legal. i know for a fact that if a judge says you owe money you owe money. but if you have paid the money back how can you still ow it and have it added to another debt ?

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