Jump to content


  • Tweets

  • Posts

    • Hi if any one can help me .   I have worked for around 3 weeks for a limited company. Company was operating as retailer at Esso service station   on 3rd of May MFG which owned the esso fuel station fired the retailer due to breach of their contract . The retailer is now holding about 7 member of staff wages. It's 1 women ltd company and still active .   I have send them letter before action as my worry is she is going to dissolve the company and then no one will left take court action.  My intention is to small claim    If any one can help with particular of claim.    She did give me contract which only signed by me not her     Do I need  to have written contract signed to take court action .?   HER actions put me in hardship .   My job title was sales assistant.    Thank you 
    • are they actually stating 128 uses? in the summons   payment should be made on the day  the judge / clerk will tell you how
    • Yeah super happy and grateful for that, they easily could've prosecuted for fraud.    And I sent a pleading letter when they first asked me to plead my case but no I haven't gotten in contact with them since I received the summons on Friday. I don't even know if I should try tbh, I don't think it's going to go anywhere but obviously, I do not want a criminal record in the slightest so I am going to try calling and speaking to the prosecutor on the day.   In the meantime, I will attend court in person. When it comes to payment, do you have any idea of how that works dx? Do I pay on the day at the actual courthouse with my bank card or do I pay online?    Oh also, the oyster was used for 128 uses. So, my chances are just that much slimmer lol
    • It is the speeding matter which will cause you the most trouble.   If you have been "flashed" a Notice of Intended Prosecution (NIP) and a request for you to provide driver's details will be sent to your old address. If you fail to respond to the request  you will be prosecuted for failure to do so. A conviction for that offence carries a hefty fine, six points and an endorsement code that will see your insurance costs go through the roof for the next five years.   You need to either get access to the post at your old address or contact the police in the area you believe you were flashed. How long ago do you believe you were flashed? 
    • Fair enough. I've got everything here, belt and braces  so I'll send the lot in.   Thanks again.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
Skhane

Pension Credit Suspended: no prior notification

style="text-align:center;"> Please note that this topic has not had any new posts for the last 338 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Good day to all

 

 

Following the very supportive exchanges I read today within this forum I straight away joined the forum

With regard to our {Owned} 1st floor flat, it was essential to sell since my physical abilities deteriorated, we fortunately obtained a local council ground floor flat suitable for disabled people, which we had to move to previous to the sale of the 1st floor flat, since if not occupied within a two-week period it would be awarded to a different couple, we forfeited £10.000 to the Inland Revenue since the 1st floor-flat was not classed to be our main residence {On sale since Oct 2010, Sold: May 2011}

 

 

On January 2011, the DWP telephoned concerning the selling of the property moreover why I had not informed them of the sale, I certainly did via letter, likewise I keep copies of all my correspondences. They were to forward me a form to complete, all I received being an A4 envelope with a DWP self-addressed envelope, however within being no form of any description to complete

 

 

On 11th April 2014, I received yet another telephone call via the DWP on the identical topic, the sale of the 1st floor flat, and “where” did the profit of sale go? I replied informing the DWP of the true situation of all monies we had paid out, allowable payments to our three adult children, our grandchildren, two ISAS, a Life Assurance Policy, refurbishing the new ground-floor flat {it really was bare} etc

On 22nd November 2017 I attended an interview with the local Job Centre with a rather haughty interviewer, in which I explained equal details regarding “where” did the profit of sale go? I informed the interviewer of the “money-trail” as it were

 

 

Nevertheless to the main topic:

My Pension Credit ceased on 27th November 2017, this, I considered to be a temporary glitch, furthermore all would soon be resolved, how foolish of me Subsequently on 18th December 2017 I telephoned the necessary DWP Department to be informed the lady had no information as to why the payments were “stopped”

On 19th December 2017 my wife contacted the DWP, my wife was informed that the Pension Credit was, it appears, suspended and was being “sent upstairs” to be dealt with by a Decision Maker

 

On 31st May 2018 another summons to the local job centre with the same rather smug interviewer, however I maintained a composed demeanour and informed the individual of the circumstances surrounding the 1st floor-flat sale, I mentioned why the Pension Credit Suspended situation, to which there was no detailed answer forthcoming. I received a letter dated 1st June 2018 from this person concerning the 31st May 2018 interview along with a letter explaining the following:

“A doubt has arisen about your continued entitlement to pension credit. This means we are not sure if you should still get your benefit payment and it will stop”...Yet this was dated 6th December 2017, for which he extremely thoughtfully apologised with regard to the “delay” in my receiving it

 

 

On June 4th 2018 I wrote to DWP {and local job centre} requesting a Subject Access and Audit Trail information, nevertheless ought I to, at present, request a Mandatory Reconsideration given that the late letter presented to me mentioning Pension Credit Suspended was dated 6th December 2017 furthermore I maintain no trust with the local job centre interviewer, I have without a doubt, an apprehension that the data he will forward to DWP will not include the entire relevant details

 

 

I apologise concerning the, in all probability, protracted, rambling post, however I would appreciate assistance

Kind Regards

Skhane

Edited by dx100uk
formatting removed - dx

Share this post


Link to post
Share on other sites

Without any information as to the amount of money received for the sale of your flat it would seem that they are treating you as still holding money in excess of the savings limit to receive Pension Credit.

 

 

I can see in your post that you say that you have given children and grandchildren 'the allowable limit' - there might be an allowable limit for income tax purposes but there certainly isn't for Pension Credit.

 

 

You also say that you have invested into an ISA and Life Assurance Policy.

 

Monies in an ISA count towards the amount of capital held - it is also likely that the money you gave to children and grandchildren will also be treated as 'notional income' as if you still have it. I am not sure about a life insurance policy and refurbishing the new flat as any expenditure needs to be reasonable and necessary in order to be accepted.

 

 

 

Your Pension Credit will have been suspended pending a decision to make sure that any overpayment does not continue. If you have an entitlement to state retirement pension that should continue to be paid.

 

 

I have attached a link to a fact sheet - see the paragraphs about notional income and deprivation of capital

 

 

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs48_pension_credit_fcs.pdf

Share this post


Link to post
Share on other sites

It sounds like this is being dealt with by a compliance officer?

 

 

If so unless all the paperwork like bank statements, sale information etc is/has been provided and all monies accounted for, they will treat it as a deprivation of capital case and treat you as having the money until you prove otherwise. As such they will close the claim from the date of suspension or thereabouts.

Share this post


Link to post
Share on other sites

I thank you both with regard to the prompt, cooperative responses, I take on board the comment via kk3852:...“there might be an allowable limit for income tax purposes but there certainly isn't for Pension Credit”...

 

 

Furthermore I am appreciative for this information; I ought to have delved more into this likelihood, the foremost motive for my posting being within the section wherein I wrote:

 

 

Quote

On June 4th 2018 I wrote to DWP {and local job centre} requesting a Subject Access and Audit Trail information, nevertheless ought I to, at present, request a Mandatory Reconsideration given that the late letter presented to me mentioning Pension Credit Suspended was dated 6th December 2017

Unquote

 

 

Given that I have no desire to “run out of time” with regard to requesting a Mandatory Reconsideration, this is obviously of significance to me, another item that I presumed was in my favour being that I have in my possession three letters via the DWP dated: 1st February 2016 plus 30th January 2017 in addition to 9th May 2017 wherein is stated:

 

 

 

“Your Assessed Income Period continues from 19 May 2014 to 13 November 2018. This means you do not need to report changes to your pensions, savings or investments unless you think you may get more Pension Credit”

 

 

This {I assume logic would dictate}, signifies that prior to 19 May 2014 that I was also entitled to, moreover in receipt of an Assessed Income Period, Not that I consider this “do not need to report changes to your pensions, savings or investments” is licence to utilize via conniving tactics to misrepresent the particulars to my advantage regarding my financial state of affairs

 

 

I am certain, yet I mislaid the DWP paperwork that during the period of the flat sale, I was in receipt of Pension Credit Guarantee {hence my subject access request} which indicates that:

“Savings over £16,000 usually mean you will not be able to get Housing Benefit, although this £16,000 limit does not apply if you or a partner get Pension Credit Guarantee.”

 

 

The person I spoke to subsequently interviewed by at the local Job Centre signed their forms with their name followed by: “Customer Compliance”

In appreciation

Skhane

Edited by dx100uk
formating removed - dx

Share this post


Link to post
Share on other sites

Assessed income periods are usually set for 5 year periods.

 

You say that you first had an AIP from 2014 but that you sold the property in 2011. You say that you reported the profits from the sale of the property and that you were sent a form to complete which was not included in an envelope. Did you ever chase this up ?

Was a decision on your entitlement to PC made at this stage ?

Did the amount of PC you received change after you declared the money from the sale of your property?

 

You are correct to say that an AIP means that you do not have to report any change in capital but your capital was held prior to the AIP.

Share this post


Link to post
Share on other sites

“You say that you first had an AIP from 2014 but that you sold the property in 2011”

 

I mentioned

“another item that I presumed was in my favour being that I have in my possession three letters via the DWP dated:

1st February 2016

plus 30th January 2017 in addition to

9th May 2017 wherein is stated”...

“Your Assessed Income Period continues from 19 May 2014 to 13 November 2018.

This means you do not need to report changes to your pensions, savings or investments unless you think you may get more Pension Credit”

 

“...This {I assume logic would dictate}, signifies that prior to 19 May 2014 that I was also entitled to, moreover in receipt of an Assessed Income Period...”

.................................................................

“You say that you reported the profits from the sale of the property and that you were sent a form to complete which was not included in an envelope. Did you ever chase this up ?...”

 

I did not chase this up; I informed DWP regarding the sale of the property nonetheless DWP by no means posed the question of the sale price, after the “empty” envelope of 2011, their subsequent contact regarding the sale of property being in 2014

 

Likewise unfavourable circumstance occurred with my health similarly within my family that expended all my time and determination {not a pretext} therefore in all honesty, I neglected to follow up

.................................................................

“Was a decision on your entitlement to PC made at this stage ?...”

 

I received Pension Credit prior to this stage

.................................................................

“Did the amount of PC you received change after you declared the money from the sale of your property ?”

 

No the Pension Credit remained identical, their interest regarding money via the sale only occurred in April 2014

..................................................

Two items of attention:

{1} as I mentioned prior “I did not chase this up; I informed DWP regarding the sale of the property nonetheless DWP by no means posed the question of the sale price”

{2} “their next contact re the sale of property being in April 2014”...

 

{1} and {2} led me to believe, may-hap unwisely, they were not overly concerned with regard to my circumstances

.................................................................

“You are correct to say that an AIP means that you do not have to report any change in capital but your capital was held prior to the AIP”

 

As I mentioned prior:

I mentioned “another item that I presumed was in my favour being that I have in my possession three letters via the DWP dated: 1st February 2016 plus 30th January 2017 in addition to 9th May 2017 wherein is stated”...

 

“Your Assessed Income Period continues from 19 May 2014 to 13 November 2018. This means you do not need to report changes to your pensions, savings or investments unless you think you may get more Pension Credit”

 

“...This {I assume logic would dictate}, signifies that prior to 19 May 2014 that I was also entitled to, moreover in receipt of an Assessed Income Period...”

 

The problem being, as indicated within a previous post, I mislaid more than a few DWP {and more besides} documents during the change of address furthermore I am continuing to gather whatever data I am able to

.................................................................

I fully comprehend that my seeking assistance requires that I present data of a logical time-progression in addition to appropriate information, so that members understand fully the circumstances to permit appropriate advice to be provided

 

However the burning question, for me at least is, as indicated prior

“the foremost motive for my posting being within the section wherein I wrote”

 

Quote

On June 4th 2018 I wrote to DWP {and local job centre} requesting a Subject Access and Audit Trail information, nevertheless ought I to, at present, request a Mandatory Reconsideration given that the late letter presented to me mentioning Pension Credit Suspended was dated 6th December 2017”

Unquote

.................................................................

 

Merely an aside: I wrote:

“I am certain,, yet I mislaid the DWP paperwork that during the period of the flat sale, I was in receipt of Pension Credit Guarantee I now comprehend both my wife and I were born prior to 5th October 1953, this would, I take for granted, indicate I had reached the qualifying age for Pension Guarantee Credit

 

The sums involved are:

flat sold for £75,000 subsequent to estate agents in addition to solicitors fees it fell to £72,600

afterwards we forfeited another £10,000 to Inland Revenue since the flat was not classed as our main residence.

 

Hence £62.600 to add to our current account of approximately £2,000.

Bearing in mind the £10,000 allowance, or £16,000 allowance whist in receipt of Pension Credit Guarantee, we are not discussing a vast amount of money, in all honesty

 

In appreciation as well as thanking you for your time and patience

Share this post


Link to post
Share on other sites

There is no right of appeal against a suspension of benefit - and therefore no right to ask for a mandatory reconsideration.

 

I think that your SAR is the correct way to go as this may show that PC were aware of the money from the sale of your property before the AIP was set. If they were not and the AIP was set incorrectly it may mean an overpayment of PC

Share this post


Link to post
Share on other sites

I was under the impression that a letter is required to state clearly whether I have the right of appeal. If, however, the decision letter states I do not have a right of appeal, and that I consider DWP have made a mistake, moreover I should have the right of appeal, I could send my appeal to HMCTS and obtain a legal ruling as to whether there is a legal right to hear my case.

 

Nevertheless I appreciate your judgment and thank you with reference to the most accommodating information; I will await the SAR in addition to Audit Trail data to make sure I am not barking up the proverbial wrong tree

 

In Appreciation

Skhane

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...