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    • As I recall the only thing you tried telling us was based on a quote that you selectively edited by Lord James of Blackheath. You misrepresented it as a statement of fact when it was actually a question which was laughed at by his peers in the House of Lords.  We told you it was garbage, you asked us to prove it and we did.   Remember?
    • you need to realise that for every person that does come to CAG and register and tell their story...there are poss 10'000 that don't but search the interweb whereby threads that are here pop up relating to like issues they are searching upon.   Most CAG siteteam and many other registered Caggers give advice that bears this in mind and post information which not only informs the starter of a thread upon what to do, but also takes into consideration the readers from the interweb that also read the relevant advice given that might not be brave enough to register and fess up.   to that end, there is very little alternative than to appear to give 'grief' [you deserve it - tough] to a cagger should certain previous advice not have been followed.....yours is a very classic case of such. hey I've found a backdoor CCJ.   to put it bluntly, had you have followed such previous advice, you most certainly would not be in the situation you are in here now.. .so by example, not giving you grief, for future readers...………..   ...never ever move without informing a debt owner of a move of address on any consumer debt that you last used or paid within the last say 7yrs. your credit file is a major key to ascertaining that information.... .but don't just read this advice come to the consumeractiongroup.co.uk website and let us help.   lecture over... what can you do..or more importantly....what can a claimant do now they have a default forthwith judgement against you. well we can't guess.... they might simply ignore it as 1000's of people with CCJ's find out..but it becomes an issue should you wish to say get a mortgage, remortgage or further credit.   i'm not going to enter into any of that here...that's for the reader to start a thread here and seek advice on their individual situation specific to them as you have done....   so...  bearing the all of the above in mind...over to you with regard to this backdoor CCJ.   as for the other debts that you didn't action before...go read your old thread and action what appropriate advice is given there for each type of debt that has been given should you wish to avoid any further backdoor CCJ's.   dx                    
    • hello my very good helpful friend. I am afraid to say that i did not. As i did not realise the relevance of it.   Should i be doing this right now of anyone on my credit file ?   Plz don't give me grief if u have already advised me...   do i do the ccs request now to everybody in that thread ?    
    • aha busted and stupid ...no wonder you've got mixed information here. never trust anything they say ..they have a very bad reputation for stating the truth.   now can you go get your credit file please..   there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.   me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.   don't worry about the sat visit simply ignore do not answer the door if he appears. your task is too gather data at present.   credit file please..        
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hunterandthehunted

Esa contribution based for couples

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hi everyone,

 

hoping somebody is able to assist me as my partner and i are getting increasingly confused as to what we are entitled to. i have been on several benefit sites but seem to get lots of conflicting information.

 

i was medically retired in 2015 and receive a small pension of £375 a month along with £107 contribution based esa (support group) per week. i know the esa i receive is a little less because of my pension earnings.

 

my partner is also medically retired (with no pension) and she also claims contribution based esa (support group) and she receives £109 per week along with an enhancement rate of £15. she also receives pip standard living rate of £55 per week and as we have a teenage child has also been claiming child tax credit at the rate of £62 per week.

 

this has now been stopped and she has been informed that she has to pay back over £3000 of overpayments as this was claimed at the single rate as oppose to being claimed as a couple although we are allowed to claim esa separately.

 

we also have a mortgage and as far as i am aware cannot get any help as we are in receipt of contribution based benefits as oppose to income related.

Edited by hunterandthehunted
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regards

hunterandthehunted

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Is the £15 your wife receives the Disability Income Guarantee?

 

If it is then this is the problem, this is only paid as part of Income Related ESA (for you both as a couple) and based on your other incomes this should not have been payable.

 

To be paid ESA(IR) your wife would have had to have either completed the income section on the ESA1 when she initially applied for ESA or an ESA3 at some later.

 

Both of these deal with household income and assets,

so either she left you off of the form in which case the monies are recoverable or she didn't and this is the DWP's error.

 

You need to see if you have copies of these forms.

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hi and thanks for your reply,

 

we are both claiming CB ESA and as far as i am aware we didn't have to claim as a couple.


regards

hunterandthehunted

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You said she is receiving an "enhancement rate of £15" what is this labelled as on her last entitlement letter?

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yes that is correct. it is labelled as disability income gaurentee which she has always received. does this cancel out the contribution part and turn the claim

into income related as her latest award notice does not actually state that she is getting contribution based on the workings out page.

however it is stated that she will receive the £10 xmas bonus and that her NI contribution will still be paid.


regards

hunterandthehunted

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the Disability Income Guarantee is only paid as part of Income Related ESA, so your wife must be receiving ESA(CB) with an ESA(IR) top-up.

 

However, ESA(IR) is paid to a couple and based on your original post your other income would not allow any ESA(IR) to be paid, so the only way that it is, is if your wife is being paid as a single person so that you pensions, etc. are not considered, this is confirmed by the fact that she is receiving the single person rates for ESA(IR) and not the couple rates.

 

ESA(IR) is only paid after the claimant has declared their household income and savings (there are other considerations but they are not relevant). So either she failed to declare you, which is bad, or she did declare you and the DWP have not processed the information.

 

She will have either made the declaration on an ESA1 when she made her claim for ESA or on an ESA3 if the claim for ESA(IR) was made after the claim started. You need to find this information to see what was recorded on the form.

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not really following... are you saying we cannot claim ESA (CB) as individuals and receive £109 each.


regards

hunterandthehunted

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Yes you can both claim ESA(CB) as individuals, but the point is that in addition to her ESA(CB) your wife is claiming ESA(IR) as a s single person and she cannot do that as she is part of a couple.

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well jobcentre plus are aware of our situation so they must of made a mistake... so how much should we actually be getting?

 

we are both in the support group and claim contribution based.


regards

hunterandthehunted

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If the DWP are claiming back £3000 then they obviously don't know about your situation!

 

So as I have said before, if your wife notified them that she is part of a couple then you need to prove that this happened.

 

You should both receive £109.65/week for you ESA, your wife's will almost certainly be reduced to recover the over payment unless you can overturn the Decision.

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