Jump to content


  • Tweets

  • Posts

    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
  • 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

Me and Various Benefits


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2060 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

No one has said you are a scrounger, only you have stated what you feel posters judge and they dont. it is an open forum so you will get a varied viewpoints but they all appear helpful to me !!!!!!!!!!

 

Everyone has posted helpful comments trying to pre warn you.

 

Ring up housing benefit with your list of what you plan to do with it and to where and as said get from the horses mouth.

Link to post
Share on other sites

  • Replies 319
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Why should you not do what you want?

 

You plan to take tax payers money to pay your housing and have to follow the rules like all of us.

 

Do what you want it is your money, but be prepared you may come unstuck hence the helpful warnings.

 

tax payers money? what, the money i have contributed to all aswell all my life? its not a crime to be unwell for the last year and is there if you genuinely need it! what i am trying to get to is........

 

my intention is to live off my money,work full time and pay my way as i always have! why do i need to "limit" my spending, like decide to get a cheaper car or holiday etc just incase i need to claim HB in the future? why would i make such decisions now if i never do end up claiming HB? Do you see my point?

Link to post
Share on other sites

tax payers money? what, the money i have contributed to all aswell all my life? its not a crime to be unwell for the last year and is there if you genuinely need it! what i am trying to get to is........

 

my intention is to live off my money,work full time and pay my way as i always have! why do i need to "limit" my spending, like decide to get a cheaper car or holiday etc just incase i need to claim HB in the future? why would i make such decisions now if i never do end up claiming HB? Do you see my point?

 

You want an argument bunny and there is no need for it. Ring up housing and tell them what you will receive, record the call to protect yourself and tell them your plans.

No one is judging you :)

We all come across the various rules in housing or dwp and some have learnt how careful you have to be, hence I say record the call, it protected me in the past form an error which was not my fault. Hence a great reference if errors in advise are given, which lead you to do something on that advice.

Link to post
Share on other sites

Surely if demoralised of benefits, a 1/750 holiday would not be high on the spend list, that amount would keep you off beneifits nigh on another month?

 

Unfortunately when claiming benefits now or in the future they have to right to full disclosure and will go through it with fine tooth comb.

 

I can understand your point but again others, you are expecting to claim housing benefit in the future hence such large amounts would be deprivation of capital.

 

6,000 for paying off debt, on benefits you can pay 1.00 a month to non priority debts.

 

Its up to you what you do at the end of the day, but do you want to risk getting told you will be treat as havng the capital despite spent it?

 

If not give them a ring, tell them exactly what you plan to do with the money amounts etc.....that you plan then to reclaim housing and see what your response is from the horses mouth, record the call for reference that you did check prior to doing it, but think you will find they have trouble with some of your list, but hey you never know you might get a response you prefer as not happy with help offered here. :)

 

My intentions are not to claim HB, if it was i would have the attitude that i would keep the £6k and think to myself "dont pay that coz when i claim i will just pay £1 per month!"...NO! Thats not me, i created the debt, so i will pay it off like other people have to.........

Link to post
Share on other sites

You want an argument bunny and there is no need for it. Ring up housing and tell them what you will receive, record the call to protect yourself and tell them your plans.

No one is judging you :)

We all come across the various rules in housing or dwp and some have learnt how careful you have to be, hence I say record the call, it protected me in the past form an error which was not my fault. Hence a great reference if errors in advise are given, which lead you to do something on that advice.

 

no, i dont want an arguement i am just frustrated at some people suggesting i may deprive the capital just to get benefits! I just wanted to know the rules/bounderies/guidance to such an event, thats all.......

Link to post
Share on other sites

You confused me prior you said you planned to go into private housing and claim housing benefits when had to once more, fair enough(future claims post one).

now you say you do not intend to claim housing benefits again.

If thats the case why worry, you only have to be careful if planning to claim once again when you have to justify to big brother, like we all do :)

 

Peace man.

Link to post
Share on other sites

You confused me prior you said you planned to go into private housing and claim housing benefits when had to once more, fair enough.

now you say you do not intend to claim housing benefits again.

If thats the case why worry, you only have to be careful if planning to claim once again when you have to justify to big brother, like we all do :)

 

Peace man.

 

No, i have never claimed HB as i have always owned my home (paid mortgage)....i am going into private rental and what i am saying is IF i have to claim at a later date.....maybe i am worrying over nothing......

 

i suppose we dont have a crystal ball and say joe bloggs who works etc doesnt worry how he spends his money "just incase" he may have to claim HB...

 

I am just an anxious person i guess and worried fate will deal its crucial blow to me once again because before i become unwell and paid my mortgage and everything (and had never claimed in my life) i never worried about this and have now been burnt and realise how you can easily end up on a very different path in life....sorry guys......

Link to post
Share on other sites

No, i have never claimed HB as i have always owned my home (paid mortgage)....i am going into private rental and what i am saying is IF i have to claim at a later date.....maybe i am worrying over nothing......

 

i suppose we dont have a crystal ball and say joe bloggs who works etc doesnt worry how he spends his money "just incase" he may have to claim HB...

 

I am just an anxious person i guess and worried fate will deal its crucial blow to me once again because before i become unwell and paid my mortgage and everything (and had never claimed in my life) i never worried about this and have now been burnt and realise how you can easily end up on a very different path in life....sorry guys......

 

You are right to look into it and be prepared hence the advice given to protect yourself just in case.

In fact only today I had to ring income support re an issue which freaked me out due to my illness and I needed reassurance, THEY WERE LOVELY, GREAT AND HELPFUL, dwp and housing are not ogres ready to tear your head off I have learnt hence ring them when need more reassurance. I know mine was income support today, but hey one call and the stress was all gone. For know anyway as I am a stress magnet these last few months especially xx :)

Edited by watchinginvestigation2011
Link to post
Share on other sites

You confused me prior you said you planned to go into private housing and claim housing benefits when had to once more, fair enough(future claims post one).

now you say you do not intend to claim housing benefits again.

If thats the case why worry, you only have to be careful if planning to claim once again when you have to justify to big brother, like we all do :)

 

Peace man.

 

just re-read post one, no i meant "for any HB claim in the future"...not that i have made claims in the past....apologies for the wording....:(

Link to post
Share on other sites

Hi Confused

 

Well I hold a different view to some of the other posters on this thread

 

The OP is due to receive £20,000 so he will be unable to claim housing benefit as he has capital above £16,000

 

The thresholds - £6000 Lower to £16,000 higher with an assumed income of £1 for every £250 is explained by way of an assumed income based on capital generating interest ( so the deduction of max £40 on capital of £16,000 - even though with interest rates now you would struggle to acheive 5% -£16 )

 

Its NOT because you are greedy or have too much money to be claiming means tested benefits.

 

Now reading closely what the OP intends to spend his £20,000 on I would like to comment on the living expenses and private rent that he intends to pay - £1400 a month sounds a lot ! - over £300 a week and this is where the OP would have a serious problem.

 

Forget the holiday & Car and paying down his debts for a moment

 

The way forward would be to rent a cheaper property say - £100 a week and with living expenses of say another £100 a week - £200 a week divided into £4000 = 20 weeks say 5 months.

 

So my advice would be 5 months after receiving £20,000 accept the notional capital figure of £16,000 and you would have a max of £40 deducted from your private rent - and would be quite entitled to claim Housing Benefit without anyone on this forum criticising you for your actions.

 

Keep all receipts possible and point to David Cameron's quote about paying down debts whilst at the same time within reason accepting the notional capital figure - bearing in mind that you could argue it out at a tribunal - I personally don't think that £3000 for a car is lavish spending - far from it.

 

Bear in mind that you cannot be accused of depravation of capital in order to claim housing benefit if you list the expenditure with them and can clearly show after 5 months that you qualify by way of having less than £16,000 capital even if the notional capital rules applies. So you would not in any way be claiming means tested benefits dishonestly.

Link to post
Share on other sites

thanks for that info. but if i am not on benefits when i recieve the lump sum, why would i need to justify my spending? if i am not even certain whether i wil need to claim HB in the future. if they ask for 2 months bank statements if i do claim down the line when i wil maybe have £1000 left then how wil they know how i spent the rest? and why would i be liable to capital deprivation scrutiny as they wil only know last 2 months spending?

 

also, it sounds absurd that i should pay peanuts rent or dictate where i live just 'incase' i have to claim HB in the future, ludicrous!

 

my rent wil be what the local market rate is according to where i choose to live and pay out my OWN money, the rent. if im not claiming at all, where r all these 'spending rules' coming from?

 

im sure a local banker does not think "oh, we better only get an old car, cheap holiday and re-locate just INCASE we end up having to recieve help!".......

Link to post
Share on other sites

I agree with you that you shouldn't be dictated to as to how you spend your money .. thats your choice

 

I would however like to point out a couple of things

 

£20,000 in capital is only £4000 over the threshold so if you are not working it wouldn't take long to fall below the upper threshold. If after a period of a few months you find yourself renting a 3 bed house at £300 a week - they HB might award a reduced amount re: over occupancy - same happened to me a few years ago and I was a single parent with a disabled child in a 3 bed and had to make up the shortfall. If you also have notional capital knocked off at £40 a week on top and are unable to downsize as you've signed a tenancy agreement keeping you there you might regret it.

 

The other more important thing to bear in mind is this - On the latest forms Re: Income Support ( may well be the same for HB ) they ask whether you have had capital over £5,500 in the last SIX MONTHS - They might only ask for 2-3 Bank Statements - but they are able to come back at a later date and talk about overpayments if they are able to establish a figure above £6,000 in the previous 6 months.

Link to post
Share on other sites

I agree with you that you shouldn't be dictated to as to how you spend your money .. thats your choice

 

I would however like to point out a couple of things

 

£20,000 in capital is only £4000 over the threshold so if you are not working it wouldn't take long to fall below the upper threshold. If after a period of a few months you find yourself renting a 3 bed house at £300 a week - they HB might award a reduced amount re: over occupancy - same happened to me a few years ago and I was a single parent with a disabled child in a 3 bed and had to make up the shortfall. If you also have notional capital knocked off at £40 a week on top and are unable to downsize as you've signed a tenancy agreement keeping you there you might regret it.

 

The other more important thing to bear in mind is this - On the latest forms Re: Income Support ( may well be the same for HB ) they ask whether you have had capital over £5,500 in the last SIX MONTHS - They might only ask for 2-3 Bank Statements - but they are able to come back at a later date and talk about overpayments if they are able to establish a figure above £6,000 in the previous 6 months.

 

I see, i wont have over-occupancy, £300 pw for a one bed is market rate....I think someone mentioned in this thread that they worked for HB and its only 2-3 months bank statements......Dont get me wrong, I am not trying to decieve or do anything under handed (not saying your suggesting that may i add!), i am just trying to get clarification on a scenario and why you would possibly be scrutinised on your financial spending when you were not claiming any benefits....as a tax payer myself before ne year ago, i do not "take, take"..i wouldnt even apply for part payment when i get to £16k or under, i will be working with blood,sweat and tears like any other individual till my last penny if need be.....

 

Its the notional capital that confuses me, does this only apply if you recieve a lump sum on or just below the threshold of £16k whilst still claiming and you spend wildly just so "your benefits increase"?......I am just finding it absurd as to where the "rule" implies "spending too much" comes in and when if you are not claiming........:(

Link to post
Share on other sites

If you are not in the benefits system, then its does not matter what you spend your money on, they only request 2 months bank statements when u submit a claim,

they only want to know monies you get my in the future not in past as when you recieved the funds you were not on HB ben.

 

This is my point exactly.......i am just trying to clarify if the latter part of your post is indeed correct....:)

Edited by confusedbunny
Link to post
Share on other sites

In order to apply the notional capital rule HB would have to have to show that on the balance of probablities you have a certain amount of money. From what I know it is up to the claimant to show otherwise that's why proof of payments of rent at £300 a week are important as together with your living expenses - you would soon be able to show that you qualify for housing benefit. If the forms do not ask for capital amounts going back six months and just the last 2-3 bank statements are needed then my guess is that HB would not be discussing notional capital with you.

 

It is far more likely that someone receiving say £150,000 through inheritance and was on benefits prior - then blows most of the money in say a year and trys to reclaim - they would be stuck for years with notional capital slowly coming down.

 

If your not claiming benefits right now and receive £20,000 - which after all is not a great deal of money - it wouldn't raise many eyebrows to be spending £3000 on a car and paying down your debts - seems quite sensible spending to me !

Link to post
Share on other sites

In order to apply the notional capital rule HB would have to have to show that on the balance of probablities you have a certain amount of money. From what I know it is up to the claimant to show otherwise that's why proof of payments of rent at £300 a week are important as together with your living expenses - you would soon be able to show that you qualify for housing benefit. If the forms do not ask for capital amounts going back six months and just the last 2-3 bank statements are needed then my guess is that HB would not be discussing notional capital with you.

 

It is far more likely that someone receiving say £150,000 through inheritance and was on benefits prior - then blows most of the money in say a year and trys to reclaim - they would be stuck for years with notional capital slowly coming down.

 

If your not claiming benefits right now and receive £20,000 - which after all is not a great deal of money - it wouldn't raise many eyebrows to be spending £3000 on a car and paying down your debts - seems quite sensible spending to me !

 

yes, as i say i can show where some went but not all.......i guess alot of it is down to "my intentions", if i can prove i am working (self employed), paying my rent, paying debts (paper trail or not, which is my choice, as i am not claiming) then i can only show the decline and dispute any points raised at the time should i end up in the position to need to claim IS and HB because if it wasnt my intention......

 

i would pay what i can to make my monthly outgoings less out of any money i earn (wage), who is to prove i done it for sinnical reasons? ......its not a crime to reduce your outgoings and to pay whatever debts you may have.....by reducing the monthly outgoings, surely you run less risk of having to claim as more money can be saved towards my rent and general living expenses. right?

Link to post
Share on other sites

who is to prove i done it for sinnical reasons? ......its not a crime to reduce your outgoings and to pay whatever debts you may have.....by reducing the monthly outgoings, surely you run less risk of having to claim as more money can be saved towards my rent and general living expenses. right?

 

Posters have really tried to help you with this but unfortunately the message is still not getting through is it?

 

These rules are laid down by the Government!

 

Posters have not "accused" you of anything at all! They have tried to explain to you how these rules may be applied to the situation you are in.

 

As for £300 a week for a one bed flat. No chance whatsoever that is going to be paid.

 

You need to read this http://www.dwp.gov.uk/local-authority-staff/housing-benefit/claims-processing/local-housing-allowance/impact-of-changes.shtml then go to you local Councils website to see what they will pay.

 

p.s. they are not my rules saying you will not get £300 but the Governments. I have as much say as a giraffes lost flip-flop in a box of cornflakes in them.

Link to post
Share on other sites

 

As for £300 a week for a one bed flat. No chance whatsoever that is going to be paid. .

 

 

[ £300 pw for a one bed is market rate....I think someone mentioned in this thread that they worked for HB and its only 2-3 months bank statements......:(

 

You must be in London as nowhere else would £300/wk be Market rate for 1 bed! In other parts of the UK that would get you a huge mansion! Be aware that regardless of whether you are awarded full HB or no it will be capped at the LHA ( Local Housing Allowance) for your area. If you are single or a couple you are entitled to the rate for 1 bedroom in that area. You can check online how much it is but Central London is the only area where it could be as high as £300/wk! The rate for NW London (Hampstead, Golders Green etc. ) is just £250/wk or £175 for Hendof, Finchley etch (I have friends in those areas).

This is the max you could get even if awarded full HB (

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...