Jump to content


  • Tweets

  • Posts

    • Thank you for your reply!   I’ve just had the following response from Disney. Not great at all.   Dear Fishy Thank you for your reply. We kindly confirm that Disneyland® Paris annual passes are usually non-refundable. However, due to the unprecedented situation with CoViD-19, the duration of your annual passes and their benefits have been extended by the number of days our Disney Parks were temporarily closed (123 days), starting from the original expiry date of your annual passes. As previously mentioned, we are unable to put an additional temporary halt on your annual passes; however, we would like to offer you an exceptional partial refund. If you wish to accept our offer, please provide us with a copy of the annual passes of your party as well as the filled in and signed refund form at your earliest convenience. Your annual passes will consequently be blocked. We hope that this information is helpful for you, and we look forward to hearing from you. Yours sincerely, Constantin Guest Communication
    • I have now written up the Claim and will post this, we have also been informed by the DJ they will counter-sue for the full amount if we take them to Court for the £500 we are at a loss? We we have also included interest from the date they refused the Money in May as we are having to borrow to fund the wedding in three weeks, its so disheartening as we also have to pay £415 to put the claim in when they could have just resolved this matter!   Are they not bothered about customers at all, they are prepared to keep money without providing any service at all   Its so shameful
    • I'm afraid lapse of time has got nothing to do with it in this case. At the very minimum, though there is is six years within which to recover a debt – and when the money is paid by way of a mistake, it is six years from the date that the mistake was discovered or could reasonably have been discovered. I understand that your vehicle was damaged in an accident and the repair bill was paid by the insurer. Somehow or other, you were also paid about £2000 ostensibly to pay the garage for the repairs. As the car was already repaired, you didn't pay the money over or query it – but you used the money. I'm afraid that if that is a correct summary of what has happened then I would say that you are obliged to repay the money. If my understanding is correct – then you had probably better contact the solicitors and start dealing with them because I'm sure that they will have no hesitation issuing a claim against you and you will then be liable for the money, plus interest at 8% – plus a measure of costs – if the judgement sum is not paid 30 days of the date of judgement.  
    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 4 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

Who pays the rent (and council tax)


Please note that this topic has not had any new posts for the last 811 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

Hello all,

 

This is a request for information on who will have to pay the rent on a LHA property.

 

Me and the wife have rented this property for over 20 years now and have paid the rent on it for most that time,

 

Due to my wifes disabilities she has the high rate motobility and standard car PIP. Because of this I am on carers allowance and also receive Income Support.

 

The house is four bedrooms and we use 1 and our granddaughter uses 1 and her boyfriend uses another 1. So out of four bedrooms we use 3 and have a reduction in HB (14%) for the empty one.

 

My granddaughter (18yrs old ) up-till recently was a full time student and has now moved on to a apprenticeship (wage approx £225 pw)

 

Her boyfriend (18yrs old ) is also on an apprenticeship (wage approx £195pw)

Neither of them have paid anything towards the rent or CT as that has always been the way we have done it for all our children.

 

The LHA and the council are fully aware of the situation at the property as I keep them fully informed of any changes in circumstances within just a few days of the changes.

 

So currently we have to pay 14% rent and a small proportion of the CT and there has been no communication concerning any change to what we pay regarding granddaughter moving into the apprenticeship.

 

We also notified the appropriate gov depts about her change of circumstances and the Child Benefit and CTC we got for her has now stopped.

 

Now there is another change in circumstances coming up next month and its this change that I need to get information about up front.

 

The boyfriends apprenticeship is about to come to an end (early July) and he is moving onto a position within the educational establishment his apprenticeship was with.

 

So he is going to be a full time employee earning a income that will be a lot higher than what he gets on the apprenticeship.

 

SO, the question is

 

Would he be liable to pay the rent and CT on this property even though his name is not on the tenancy agreement.

 

Your thoughts on this matter would be appreciated.

 

OH one more question.

 

Would me going back into self employment make any difference to the above As I have been considering this for a while.

 

(I'm 62 and would be working a minimum of 16 hours a week)

Edited by dx100uk
Spacing
Link to post
Share on other sites

I've no idea about HA and rent, but as long as you keep your council aware of who is living there and how much they're earning, they'll be able to work out how much council tax should be paid on the property.

Link to post
Share on other sites

Moved to the benefits forum

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

Link to post
Share on other sites

Your LA will inform YOU of any changes to HB or CT payments that need to be made, and no, he will not be made to pay the rent and CT for the property.

 

 

Any increase in income to the household will make a difference to what the LA pays in respect of HB and CT.

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!

 

 

Link to post
Share on other sites
Would he be liable to pay the rent and CT on this property even though his name is not on the tenancy agreement.

 

Presumably it is your name on th rent agreement along with HB & CTX benefits. In which case, you would be liable for any outstanding amounts for rent/ctx. I'd suggest sitting down with daughter and boyfriend, explain the financial situation and come to an agreement for a fair contribution.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.
Link to post
Share on other sites

Thanks for the input and replies the information given is helpful.

 

Curiosity got to me last night and I decided to use a benefits calculator (T2Us) but had to put them both down as working non dependants as there seems to be no way of inputting info wrt apprenticeship.

 

I gather I must have done something wrong as it comes back with no change to the current benefits we are receiving. Going to try again today and also get down to CAB and Council with a request for

what the changes are likely to be.

 

They have both indicated that they would much rather pay rent on a place of their own or even try for a mortgage. We can understand their point here.

 

Something that did come up last night while we were talking is that the boyfriend is also considering going on to a higher tier apprenticeship. Would that be likely to make a difference?

Link to post
Share on other sites

I not being scrooge or anything your granddaughter and boyfriend if they have any income they should be paying a proportion of it to you , I mean think of the the other bills electric gas water food do either pay anything to the upkeep of the house

Link to post
Share on other sites

Both my children from the age of 18 have paid something towards the bills.

I was on benefits due to ill health and now am on esa in support group.

 

My housing benefit and council tax relief are reduced in accordance with the adult childrens' wages.

Even when my son was out of work for 3 weeks while he waited to start a new job and didn't apply for benefits himself, I had to pay £14 per week for the deduction for him and a few pounds council tax.

 

Even when an adult child claims benefit, the council still reduce the tenants housing benefit and council tax relief.

Currently my daughter is working part time and studying at college as well as being my carer.

 

To offset the benefit deduction she pays me £30.50 per fortnight, I pay the council tax part.

Everything else we sort out between us.

Edited by dx100uk
spacing
Link to post
Share on other sites

Council Tax liability is determined under s6 of the Local Government Finance Act 1992 - under this, liability will fall on a resident tenant before anyone else. This means that you are your wife are liable for any council tax charge (the fact a person may be 'disregarded' does not affect liability)

 

Any council tax disregards which may apply for other occupiers - e.g. an apprentice - will be looked at when calculating the charge but it does not alter who is liable for the payments.

 

It should be noted that Council Tax Reduction is means tested and looks at the household in a different way to Council Tax when determining what may or may not be paid to assist with paying the bill. It can however only be paid to the person who is actually liable for the Council Tax charge.

Link to post
Share on other sites

They will reassess and take the GD and hers boyfriends income into account but it wont be counted as your income so not treated as a common pot of money. I dont know the calculations they use but you will find that their income is considered differently with regard to outgoings but you will find that the proportion that you pay towards your rent and CT will go up but not as much as it would if the income was yours.

Link to post
Share on other sites

Hello All,

 

Thanks for information and we have taken note of what has been mentioned within the replies.

 

Did think that the onus would be on us as its our names on the tenancy.

Do agree with you concerning getting them to pay the difference (or proportion of it).

 

The LA housing waiting list here is absolutely massive and due to their status of being unmarried with no kids and living in a house with spare bedrooms so not classed as overcrowded their wait time would be in the region of 5yrs +.

 

Their only really choices if they want their own place is to rent privately or mortgage and as the boyfriend would prefer to put his money into ownership rather than renting they are saving every penny they can so has to afford a deposit on a small place of their own.

 

Again thanks for the replies., appreciate them.

Link to post
Share on other sites

They are as Hannya had said, really sensible youngsters.

 

I really hope their dream comes soon for them.

There is no quick way round it these days.

 

A friend of mine was living in her 1 bedroom flat and had 2 of her adult children plus a grandchild with her, 1 of her adult children had become homeless through no fault of their own, the other had returned to be her carer as her health was poor.

 

Even they waited almost 2 years for 1 of her adult children to get a local authority home, and even that's temporary and only because the overcrowding made her already poor health worse.

I think it was her GP who eventually wrote on her behalf to the local authority.

 

I am a council tenant where I live and my next door neighbour is on the housing list to move as she is entitled to an extra bedroom now, she was recently sent a letter advising her that as of july 2018 the requirements to getting on and staying on the list have changed.

 

From what she told me of those changes it seems that as the housing situation is dire, they are merely making it as hard as possible to even get on the list......

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...