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    • Hi BankFodder   Many thanks for your assistance in this matter.   I have decided to commence County Court action against DPD/Parcel2go regarding the lost parcel.   I would just like you to clarify whether which company you recommend me to commence legal proceedings against:   Parcel2go. My contract was made via this company.   Or DPD - This company undertook the contract and are the ones who lost the parcel.   I look forward to hearing from you soon.   Kind Regards Humza
    • I lost my job this jan because work decided not to extend my probabation, so i've been out of work since then. During this time I have made 3 payments of £270 from my own savings and now I am really struggling.   I rang motonova last month before COVID19 started and explained I lost my job and wanted a reduction in the payment but they asked me what my out goings were and told me 'it looks you can make this months payment so we can't do anything etc'   Since COVID19 has started motonova now have this form available to ask for reduction of payments - see https://customer.motonovofinance.com/file/cms/raw/888dda418afb548c00a1afc1cde50704.pdf   Given my weak financial situation can anyone help me with what I put down for these sections of the form so my request to lower or freeze payments stands a good chance of being accepted   1. Is your situation realated to the Coronavirus outbreak? Yes   2. Do you consider yourself to be in a high risk group, if so why?Do you explicitly consent to us recording this information in your account notes? I am no longer employed and have no income coming in. Work have made cuts due to Corona and no longer employed by them I am sorry I wont be able to make payments of £270   3. How much can you pay? I can pay £25 a month   4. What are you proposing, and what help would you like from us? I've lost my job and have no income. I've had to self isolate under the goverment guidelines with my family because my daughter had a cough at school. I've been applying for numerous jobs and have no luck and the COVID19 situation in the country has made the whole situation even worse for me. I request given the financial difficulty I am in that  you please accept my offer   What do you think of my reasons and how can you add or improve them? I really stressed out because my next payment is coming up in 3 weeks and I'm down to my last £400 of my savings and I've no idea how long it will take me to find a job  
    • Hi All   As im new to this site and here for as much advise as possible to help me and a few fellow work colleges regarding a situation with our employer given the current circumstances with the COVID-19 (coronavirus).   Basically since i started working for said company i have never been given my contract or employer handbook to view as when i need to, its always stored inside our boss's office and past staff have been refused to view it when they have wanted to, what i want to know is, is it a legal requirement for a employer to give there employees a copy of there contract/ handbook or is there a clause that can allow him not to?   Also i have currently been in self isolation due to cornavirus and have spoken to our company via email with no reply from them but have heard from colleagues that the work has slowed down, and in the recent email i have sent i spoke about potentially being put on 'furlough pay' if work stops completely. Can he refuse to put certain staff on it and still keep the business open even though there is no work? As well as not providing sufficient hygiene sources given the current climate, would that put him in breach of contract (if could view mine to start off with) ?   At the minute we are stuck in limbo given we are still off in self isolation for another week and he doesn't really care about his staff, what would be the best course to take regarding the matters above??   HELP!    
    • I have been trying to get onto the MCOL site for several days now, it keeps saying that the password is wrong and i haven't been able to get to talk to someone on the phone, i have prepared a defense and its ready to email, just realised today is day 33.   Here it is for your considderation, thank you.   The Defendant contends that the particulars of claim vague and are 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. 1.Paragraph 1 is noted; I have in the past had financial dealings with MBNA. I am unaware of the alleged agreement the Claimant refers to having failed to adequately particularise its claim and have therefore sought clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request.   2. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the Consumer Credit Act 1974 by the original creditor MBNA. I have sought verification from the claimant regarding this matter and they have been unable to comply.   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as 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.   7. 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. I confirm that the above facts and statements are true to the best of my knowledge and recollection.
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corbyparker

Part Time Work while on JSA + SMI

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Morning All,
 
I am currently on JSA and have got a new part time job starting next month 😀
 
I know that it will effect my fortnightly benefit (not sure on the figures, but think for every £1 I earn in a week, they deduct a £1 from my benefit?) but does anyone know what effecit it will have on my SMI (Support Mortgage Interest)?
 

On a seperate note, my advisor said I would be better switching over to UC. If I switch over to UC, will I still get my SMI.... if so, is there a 'certain way' I need todo it? Last thing I need to do is do it in the wrong order somehow and lose the SMI for 9 months :(

 

Any advice or links to help would be appreciated.

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SMI will be cancelled, if you receive employment earnings and you then have to wait 9 months without work earnings before you can reapply for the SMI.

 

So you may need to rethink this.

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To add to what UB has said. They know far more about benefits than I do, but a lot of people have moved to UC and not been better off.

 

In your place I'd be asking the adviser to show me figures and justifying why UC would be better for me.

 

HB


Illegitimi non carborundum

 

 

 

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33 minutes ago, honeybee13 said:

To add to what UB has said. They know far more about benefits than I do, but a lot of people have moved to UC and not been better off.

 

In your place I'd be asking the adviser to show me figures and justifying why UC would be better for me.

 

HB

 

I think its because I only get the standard fortnightly and the SMI.  The UC seems better for people that work part time on basic benefits as they dont take the full £1 for £1 apparently. She did suggest I checked with an online calculator but without the SMI Im going to knackered anyway :(

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40 minutes ago, unclebulgaria67 said:

SMI will be cancelled, if you receive employment earnings and you then have to wait 9 months without work earnings before you can reapply for the SMI.

 

So you may need to rethink this.

Im definitly going to need to do some calculations and see where I stand then as thats a big difference to me, thank you so much for this information.

 

I recently learned that you have to pay SMI back (if you sell/move home) which is something I do need to factor in though.  Has the SMI always been like this or is that something they changed?? It was never mentioned to me when I first got it, I literally thought it was a extra benefit not a longterm loan :(

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You should not have recently learned. DWP contacted all on benefits receiving SMI help in March/April 2018. They advised that SMI was being changed to a loan. If you accepted a loan various forms needed to be completed and one of these was registering a charge against your property. So when you sell, DWP are paid their loan back. 

 

If you applied from April 2018 or after, it would have been clear it was a loan only with DWP having a charge against your property.

 

 


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On 27/02/2020 at 20:46, unclebulgaria67 said:

You should not have recently learned. DWP contacted all on benefits receiving SMI help in March/April 2018. They advised that SMI was being changed to a loan. If you accepted a loan various forms needed to be completed and one of these was registering a charge against your property. So when you sell, DWP are paid their loan back. 

 

If you applied from April 2018 or after, it would have been clear it was a loan only with DWP having a charge against your property.

 

 

 

a) I was also on the SMI benefit a few years ago (and signed off in 2017), so I wont have to pay back for that era then?

 

b) This time around Ive been on SMI since around July 2018 I think? Im terrible at reading my post I'll be the first to admit :( but I dont remember signing anything along those lines? How can I check if DWP have a charge against my home?

 

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Before April 2018, it was a benefit payment not a loan.

 

From April 2018, it was a loan.

 

https://www.gov.uk/support-for-mortgage-interest

 

Are you sure Government have been making payments to your mortgage company ?  You have seen mortgage statements showing they have received payments from Government ?

 

If you failed to take up the SMI loan, the payments from Government would have stopped and you will have significant arrears on your mortgage.

 

If you did take up the SMI loan help, you can check any charge against your property on Land Registry.

 

https://www.gov.uk/government/organisations/land-registry


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18 hours ago, unclebulgaria67 said:

Are you sure Government have been making payments to your mortgage company ?  You have seen mortgage statements showing they have received payments from Government ?

 

If you failed to take up the SMI loan, the payments from Government would have stopped and you will have significant arrears on your mortgage.

 

If you did take up the SMI loan help, you can check any charge against your property on Land Registry.

 

https://www.gov.uk/government/organisations/land-registry

 

If I was in arrears the mortgage company would surely have written to me, plus they control the direct debit so I am confident this is okay.

Ive looked around the gov link and spent hours yesterday trawling through other google links but Im still not sure which service I need to use to check for the charges (they seem to all charge a nominal fee so I'd prefer to get the right one first time lol)

Im assuming it is either the "Title register" or "Title Plan" I need to pay for ? I havent even managed to find examples of either :( ?

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Contact the mortgage company if you have not had regular mortgage statements from them, showing payments to the account.

 

Unfortunately, where people own equity above a certain level, it appears some mortgage companies don't write to their customers when interest payments are not received.  Or customers say they have not received correspondence. 

 

Your next action is to find your last mortgage statement that you received. See if it shows any payments credited to the mortgage account.  If you cannot find the statement, phone the mortgage company next week and ask whether they have received the interest payments from Government. The mortgage company should be aware of the Government charge on your property as the mortgage company would have completed part of the SMI application that was sent to them.

 

No point in paying land registry a fee to check for the charge, if the SMI loan was never arranged.


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On 01/03/2020 at 09:38, unclebulgaria67 said:

Contact the mortgage company if you have not had regular mortgage statements from them, showing payments to the account.

 

 

Well, Im absolutely shocked by what I have discovered and I am so angry with myself its untrue.

Although I have been granted the SMI, you are correct, I was notified in early 2018 about the changes... As it was the typical JSA brown envelope I just ignored it (they used to constantly write to you about a change of circumstances/rate, even though nothing had changed so I just used to chuck them in the cupboard).

So since then, they have not been paying the SMI. The good news, is that I have been instead so at least I am not in arrears !

This does however mean I have wasted a few grand which I have been paying from borrowing (family/credit cards). Do I have any, ANY chance at all in getting this back dated - If so, what is the best way to go about this please?

 

I should add, I am supposed to be ringing them in the next couple of days to cancel my claim...  If I cancel it, am I entirely screwed for trying to get back payments or wont this make any difference?

 

PS: Please advise if you want me to open a new thread as this is twisted from the original now

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No you won't get the SMI loan backdated,   Back in 2018 the Government allowed some backdating for a limited period, as people had missed the letter.  But we are in 2020 now, so no consideration will be given to backdating.

 

Can only suggest that you just accept the mistake in not opening and reading post. Close the current JSA claim, make claim for UC and then hopefully gradually increase your work income, so you don't need benefits.   Following registering the UC claim online,  once you have verified indentity/bank details and attended the Job Centre  as required, you can apply for an advance payment, which will help you whilst you wait for first wages and UC first payment. 

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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