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    • I have been living with my partner since 2013. But after the birth of our son in 2014 things became unstuck. We were living together but I was making plans to move out, even viewed properties etc and therefore began claiming CTC and WTC to ensure that I could afford to go it alone. Eventually we worked it out but it has been on and off for years. In addition to this, I was in a lot of debt, had lost my job and knew that (selfishly) I needed the tax credits to keep my head above water.  My partner has no idea that I was claiming and if he finds this out he will leave me for sure. The house, the bills, everything is in his name. I work but I dont make enough money to contribute to the house as well as pay all my existing debts (my partner doesn’t know about half of these either). I  once had a bailiff call at the house and I had to tell him about it. He was so angry and mortified (as was I) and I just feel like I am bringing so much shame onto our family. I have been living this lie for 6 years and I couldn’t find a way out of it. I know I have made a huge mistake. I just want to pay it back and try to move on from it. I’m worried that I will have to go to court, prison, or they will want to speak to my partner about it. I really don’t want him to know about this because it’s so shameful. From my estimations it could be between 28-30K. I have absolutely no idea how I will pay it back, as we wouldn’t be able to claim any further credits as a joint claim because he earns too much money.  I haven’t eaten or slept in days. I feel physically sick and I just can’t cope with the guilt and humiliation. I did make false claims and now I’m worried I will pay the ultimate price and lose everything I have.    
    • Hi All,   Hoping for a little help and advice please.   This company Link Financial are chasing me for a debt that I had as a credit card with Royal Bank of Scotland. Out of the blue and having no correspondence from RBS a few year back this company claimed I now owed them the sum of money. I have written in response stating I do not acknowledge any debt to Link financial and asked them to supply evidence of liability. I also requested a true copy of the alleged agreement, a full statement of account, a signed true copy of assignment and any other documents referred to in the agreement. I also enclosed  a £1 payment for the credit agreement request and clearly stated that this £1 payment under no circumstances should be set aside for any alleged debt and if the documentation can't be supplied the fee should be returned.   Link's response was just a small statement of account with credit agreement number, account number (same as the RBS number), date of agreement and transaction sheet where they had taken the £1 fee off the debt value after I asked them not to. There was no true copy of assignment, true copy of alleged agreement or evidence of liability.   For reference, In 2009 my debts started to mount after my wife I had lost a child and we weren't at work for months, so ended up paying the mortgage on a credit card. Eventually it got too much and the RBS took me to county court in 2011 where I received a CCJ and then RBS was granted a charging order on my property which is in my name only. I was ordered to pay a monthly fee.    I received my first letter from Link in 2016 just stating, we have not written to you in some time as we have had to locate your address. We would like to discuss your intentions regarding the outstanding balance on  your account. I had no correspondence from RBS about this so I thought this was a scam company.  Unbeknown to me I also realised the monthly payment to the RBS had stopped being taken directly from my account.   After a few letters backwards and forwards about me disputing Link and this debt today 26th February 2021 I have now received another letter from Link stating. As you are aware a charging order on the beneficial interest you have in the property at.........has been secured. They are now seeking payment and will accept monthly payments on the account in accordance with my current financial situation. If I chose not to settle in full or fail to complete and return the form below or contact them within 7 days they will take further legal recovery action. There is a little boxed section at the bottom monthly or weekly payments for me to fill in and send off.   I'm really at my wits end now of what to do next. I have two years left on my mortgage and finding it really hard to get through that two year financially, especially since this pandemic has really hit home money wise. The last thing I need is the family home to be taken away especially with a 10 year old in the home.    I really appreciate any help and guidance. Thank you.    
    • OK lets pick out a few words in the ramble   Free energy?  Slavery?  Constructive manslaughter?  Weaponised energy of 5g Biowarfare Only wearing medical masks for criminal intent   Please may I suggest an extra layer of foil on the tin hat?    Oh and FYI there is no class action in the UK... 
    • i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.   I dont know what to do now -   @Andyorchcan i have your thoughts too please   the hassle just makes you feel like giving in to them
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Formula for assessing Care Home Funding


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I don't really think this is anything to do with the NHS but this seems to be where the Care Home funding issues are. I am sorry this is long-winded but am hoping it saves you having to ask questions.

 

My mother has been cared for at home for many years by me and by carers. She is 98 and has been diagnosed with Alzheimer's for seven years. It is not getting any better as you may guess.

 

After one fall of many caused a broken ankle last year she ended up first in our local hospital, then in a Rehabilitation Unit, then in an interim stay in a care home for assessment and re-enabling and finally in a permanent care home.

 

To transfer her from the Rehab Unit to the Interim Care Home she was assessed and found not to have the mental capacity to make that decision and she was, after a Best Interest meeting moved very quickly to the interim home. We went through the same process when discussing her care after leaving the Interim Home, Mental Capacity Assessment where it was found she would not be able to decide in her own best interest and Best Interest meeting where it was decided she needed full-time permanent care as the LA would not be able to put in enough care at home.

 

At this time I explained that although mum owned a bungalow she had an equity release mortgage, taken out before my father died 15 years ago. I took on PoA about eight years ago. Mum has been assessed for the payment for the Interim Care Home stay which I understand and will pay (when an invoice finally arrives) and for the first 12 weeks in the Permanent Care Home again, I understand the formula they are using and will pay it when billed.

 

They could not find a home that could meet mum's needs for the rate the LA chooses to pay but the room she is in is at what the home calls Local Authority Rate. She has been assessed as needing to pay the full amount once the 12 weeks are passed. I have been asked as PoA to sign a form requesting a Deferred Payment Loan against the future capital from the bungalow. According to the formula in the "What is the Deferred Payments Scheme" paper they sent me they would calculate Mum to be in negative equity once the bungalow is sold. They are still asking me to sign but I am not a solicitor nor do I have any knowledge of the Care system other than what I have gleaned on the way. I think they will give mum/me this loan but it feels very unsafe to take it out. I feel we could end up with a debt we cannot pay if the house sells for what has been estimated as the value or less - especially with March and Brexit, etc. I have asked for a reassessment of what mum has to pay after the 12 weeks as the figures have been updated since the original assessment which was really a best guess at what the bungalow would sell for. At best she will only be able to fund a few weeks and I really could not have made it clearer that this was the situation from the outset.

 

How can they charge her when their own figures suggest negative equity. I am quite prepared to pay whatever the law says she should but I feel very out of my depth with this.

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Hi.

 

I'm so sorry that you're faced with this as well as worrying about your Mum. 98 is an amazing age but brings its own problems of course.

 

This is beyond my personal experience but I'll flag your thread for the site team in case anyone can add some input.

 

Hugs, HB

Illegitimi non carborundum

 

 

 

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Hi.

 

I'm so sorry that you're faced with this as well as worrying about your Mum. 98 is an amazing age but brings its own problems of course.

 

This is beyond my personal experience but I'll flag your thread for the site team in case anyone can add some input.

 

Hugs, HB

 

 

Thank you so much.

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