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    • They refer to the ID in their statement (Para 19)....   Para 6 is all one statement....broken into extension paragraphs   Paragraph 5 is the killer...I have never tried it in mobile contracts before..lets see what the court thinks.
    • Thanks very much Andy for putting your time in it's really appreciated.   I've removed the bit about ID because I couldn't find where I read it, maybe I imagined it. I do quite like the bit about CPR 3.4 (2 a/c) - practice direction.   Out of curiosity more than anything, paragraph 6 has 2 more paragraphs underneath it. Is it fine to have these like this in a witness statement, they don't need to be 7 and 8?   Now let's send this and see what happens next.. 🍿
    • Well you are in a position where if you issue the claim now and they fold, then you could lose your claim fee and also be left with the vehicle. If you return the vehicle to them for repair then there is a risk that if they folded you might have difficulty getting the vehicle back – but because it is in your name, I expect you eventually would. If you decide to issue the claim then frankly I think I would issue this evening. You have pretty well done the 14 days and in view of their letter suggesting that they might fold, I think you would be justified in acting quickly. I suppose that is possible that they will defend – if for no other reason to cause a delay before any judgement is given. If they did defend then eventually you would receive a directions questionnaire which would ask you various questions as to the management of the case and also if you had any orders to suggest. I don't know if you would succeed but I would propose to the judge that the court orders that the defendants may only continue to defend if they pay the sum claimed into court by way of a security. You would justify this by providing a copy of the letter which showed that they were thinking of dissolving the company. If you were able to get this order then if they did not pay the money in, then you could apply for an immediate judgement and then have it enforced by the High Court enforcement officers. However this is quite a way down the line. I would also follow the company https://beta.companieshouse.gov.uk/company/06840157 so that you would get early notice of any proposals to dissolve it and you might then be in a position to object. Once the claim was issued, I suppose that you could contact them and discuss the possibility of further repairs. I have to say that you say that you don't believe them, but on the other hand it would be very unusual for them to admit to their customers that they were thinking of ceasing to trade. That certainly sounds to me as if they are trying to be straight dealing with things. I think it's up to you whether or not you want to risk the claim fee – but I also think that you need to make a very quick decision on this and if you decide to go ahead, then you issue the claim this evening.
    • so just ignore the overdraft debts ?  
    • Thanks guys for your input,    Yes Andy, same court, my friends wife only checked her credit file when her friend got refused credit and checked hers. I will have a good read of your comments Andy, and update you on how I am going to advise her to proceed. Thanks Again
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citizenB

Need advice for Son claiming Universal Credit.

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My Son has been working/living abroad and came back to the UK when my husband passed away a couple of years ago.  He looked for employment in the first six months he was here, nothing suitable so he joined a voluntary group abroad for six months.  When that contract finished, he returned to the UK again for a further six months again seeking employment.  He signed up for a further six months with the Voluntary group and has now returned to the UK permanently 2 weeks ago.

 

We do not appear to have a Job Centre as such, he had to go to the Local Municipal office for information and was told he needed to register online, which he has done.  I was quite surprised at some of the information they required.. such as.  Debit/Credit card number including the CV number !  He then needed to verify himself via one of several organisations.. eg Post Office, Experian and others. 

 

He has now been given an assessment date and I would like, on his behalf, some idea of what can be expected when he goes.  

 

:) 

 

 

 


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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 Hi CitizenB  UC has been problematic at best.  He will have an interview at nearest Jobcentre where they will discuss what he must to to look for work, Claimant Commitment etc.  he might get knocked back and be refused as if he only came back permanently 2 weeks ago they may say he fails the Residency test.  Unclebulgaria could likely provide some info also.  He will have to wait 5 weeks for a first payment, and should if accepted for UC be able to get an advance payment, but that of itself is problematic due to the rate of recovery being high from their ongoing benefit.

 

Most of it is done online with access through an online account.  19% of people average will not be able to claim UC due to their not having access to IT or unable to use the technology.

 

https://inews.co.uk/inews-lifestyle/people/british-job-hunter-told-he-cant-claim-any-benefits-after-spending-time-in-spain/


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Hi Brassnecked,   

 

Many thanks for this information, I will pass it on.  From what you say and the article provided, looks like my Son will not be entitled ! 

 

 


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Uploading documents to CAG ** Instructions **

 

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3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Always worth a try, and the Residency thing will resolve itself after 6 months, they used to use the habitual Residence test back in the day to prevent someone from Liverpool say claiming in Rhyl.  Has he looked at a benefit calculator like on turn2Us? 

 

This is the link to the UC from UKGov site

 

https://www.gov.uk/universal-credit

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Hi BN, no, he had not used that calculator - he has just gone for his assessment - so I will know more and will no doubt be asking more questions of you later on. 

 

Many thanks for your help :) 

 


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Uploading documents to CAG ** Instructions **

 

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2: Take back control of your finances -

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3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks CitizenB keep us posted, UC is a complete messup .  There are stats showing that due to either no access to IT or lack of IT literacy, average 19% of people eligible will be unable to successfully claim UC,


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2 minutes ago, brassnecked said:

Thanks CitizenB keep us posted, UC is a complete messup .  There are stats showing that due to either no access to IT or lack of IT literacy, average 19% of people eligible will be unable to successfully claim UC,

 

 

Thats why it was designed that way and intended


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Well It is designed to recreate a 21st Century Workhouse says the UN 

 

UN Special Rapporteur on Extreme Poverty said the welfare safety net has been "systematically and starkly eroded" since the Conservatives took power in 2010.


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9 hours ago, brassnecked said:

Thanks CitizenB keep us posted, UC is a complete messup .  There are stats showing that due to either no access to IT or lack of IT literacy, average 19% of people eligible will be unable to successfully claim UC,

But these people can do a phone claim and won't need to use IT.

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They have to  claim and access  through an Online account and keep in touch by using the online Journal, enter changes jobsearch details. The application is done online and takes over an hour, if no access to computer at home might have to use Library computers if available.

 

https://www.understandinguniversalcredit.gov.uk/making-a-claim/how-to-claim/

 

https://tech.newstatesman.com/news/universal-credit-tech-problem

 

https://www.entitledto.co.uk/help/Making-an-online-claim-Universal-Credit

 


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HRT process for returning British citizens can be quick, if they show evidence of now being resident in the UK and working or looking for work. So important to take all documents to Job Centre appointment confirming ID, residency at an address, evidence of work or looking for work e.g. Job applications.

 

if enough evidence is provided a decision can be made in a few days. And once entitlement is confirmed, then your Son can apply for an advance payment.

 

Under Universal Credit, once the claim is up and running, then first normal payment made after 5 weeks from start date. Work search appointments regularity can depend on Job Centre and how busy they are. Some people have appointments every fortnight and others once a month approx.  The important thing is complying with commitment and not missing appointments to avoid sanction. It is people who fail to attend work search and other mandatory appointments or fail to show sufficient evidence of looking for work, who can end up with a sanction.


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https://www.gov.uk/universal-credit/how-to-claim

 

Brassnecked see this part:-

Universal Credit helpline

Contact the Universal Credit helpline if:

  • you cannot use digital services at all, this might be due to disability or your circumstances

A phone claim is then made and all appointments are face to face, statements get posted out to address etc. They have an option of then converting to an online claim if able to. These customer's then report changes via the service centre or through their work coach.

 

See also https://universalcreditinfo.net/myths/claims-can-only-be-made-online

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Appreciate all the comments and information.  Son went to appointment yesterday and found it to be not too stressful, in fact probably quite positive. 

 

He was however, puzzled why someone who could roll off their NI number, produce a British Passport (which clearly states place of birth as London) along with confirmation by way of a birth certificate plus proving that he had worked for the British Civil Service for over 10 years, is then questioned as to whether or not he is a British Citizen!

 

He will fall in with their plans eg, logging on each day, commitment to meetings and any other 'demands' whilst continuing to search for employment under his own steam. 

 

Will keep you all updated. 

 

:)  

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for that info TomTom, they try their utmost to force them down the digital route where I live.


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They will try and fob people off but tell the call handler you can't use a computer and they will take it over the telephone, it's just easier for the DWP not to use that route hence why it's well hidden and not often referred to.

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The issue with phone claims, is that UC is not designed for this. Given that it probably won't be redesigned away from being a digital platform,  it will remain the case that phone claims are a rare exception.

 

Problem with phone claims, is that the claimant is being expected to answer questions, which they might not be sure about. If the claimant does not have answers and needs to check information, they have to phone back. Then they get to the next section about something else they don't have information on etc etc.

 

DWP, Councils, CAB and organisations that help benefit claimants are going to be very busy during the managed migration process. I know that Parliamentary select committees have done several reports on this, which I think it one reason for the 10,000 pilot trial.  When the focus is on migrating existing benefit claimants, it may then be more difficult for new claimants to obtain the help they may require. Government are going to have to think about the resources they need to put in to make Universal Credit work, for both new claimants and those migrating from other benefits.

 

 

 

 


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Absolutely Unclebulgaria, it was designed as Digital by Default from the outset, the Welfare Rights advisors have been very busy where I am since it went Full UC, have been issues shall we say, and Housing Associations are struggling to ciope with natural migration as tenants have a Change of circs, so have to move to UC.


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UC is designed to save money on the welfare bill and nothing else.

 

Too many premiums removed and convoluted processes.

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An update for this thread.  My Son has now found employment in London - with a small law firm pretty much involved with what he was doing prior to moving to New Zealand/Australia.  So all is well on that side of things. 

 

He just needs to find somewhere to live for 3-6 months until he can sort out permanent living arrangements. 

 

The DWP were of no help at all really and seem to make up the rules as they go along. 

 

Thank you everyone for your help and advice.  Much appreciated. 

 

:)

 

 

 


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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Sadly as a Welfare Advisor for a local HA of my aquaintace says, they make it up as they go along, and don't interpret their own regulations correctly.  as in try to impose a 35 hour per week jobsearch conditionality on a Carer, wher no Conditionality applies etc etc.  Glad your son is sorting things out.  HGopefully he will earn enough not to need UC or interact with them in future.


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Hi brassnecked, this shouldn't be possible under UC, as a carer should be in the No Work Related Requirements labour market regime, as such they get automatic generic commitments, providing of course they have declared being a carer on UC.

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They backed down when challenged tomtom, said oops was accidentally put in wrong group.  There is no joined up thinking between UC and say carers, and ESA, both UC and ESA will issue Work capability Assessments on a claimant, so there could be two conflicting WCA in the system.  they said GDPR prevents them sharing info. Weak excuse.


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DWP all over, you should try working for them. I often scratch my head thinking whose idea was that one!

 

The DWP stance is once and done, so the GDPR excuse is complete rubbish. main issues the systems just don't talk with each other.

 

But you are right on the WCA expecially for Dual Claims, but they are starting to join these up.

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The real issue is that UC is not designed to support disabled who are extremely limited in what they can do, they put conditionality that is impossible for some, and totally ignore any Fitnote issued by a GP that contradicts their WCA, even down to finding someone at end of life in a Hospice fit for work ( that'll be the Crapita)  UC is unfit for purpose on so many levels with the Assessment period causing issues a CPAG report illustrated that amply last year but DWP have done diddley squat as yet

http://www.cpag.org.uk/content/rough-justice-problems-monthly-assessment-pay-and-circumstances-universal-credit-and-what-ca


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