Jump to content


  • Tweets

  • Posts

    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
  • 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

Universal Credit wanting to review my claim-extension rewarded during lockdown and selling my own assets


mummytiger

Recommended Posts

i should let the CA claim continue?

Is there any benefit in doing that though, if they are just going the claw it back (backdated) and going forward from my uc standard allowance.

If i stop it, there is no money to claw back as an overpayment, right?

The only way it would be of use (if i have this correct) is that if my LCWRA award was re-assessed and taken away,

then i would have to have CA in order to be put in a group where i am not obligated to work due to my 'caring responsibilities' of 35+ hours per week. 

 

Link to post
Share on other sites

why dont you do as @unclebulgaria67 suggested and post you questions to your journal and then the advisors/assessors can read it.

they are not out to take money away but advise upon how to get the best for you and your child

dx

  • Thanks 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

So you can either continue to claim CA and also claim the carers element of UC, however the CA will be deducted in full from your UC or you can cancel CA and still claim the carers element of UC. Either way you will be classed as a carer and have no work related commitments for UC.

In regards to PIP, just because you are caring for somebody, this does not mean your PIP claim will end or even be looked at, UC agents have no control over PIP and vice versa PIP has nothing to do with UC. There is also no definition of caring in law and many couples claim CA for one another and still claim PIP in their own right, without any issues, slighlty different to your scenario but is still relevant.

  • Like 1
  • Thanks 1
  • I agree 1
Link to post
Share on other sites

I get lcwra so didnt think CE applied to me, only CA.

So its adviseable to let the CA claim continue? 

When i reported the two changes (caring for someone and my childs DLA HRC award) in my uc review, i am now being asked 'when did my health change/became fit to work date'. If i am not effected then why am i being asked this?

Link to post
Share on other sites

Sorry missed the LCWRA bit, no you won't get the CE then. CA can open other doors for you such as free carer tickets on days out etc. But the choice is yours on whether you continue with it or not, personally I would.
Not sure why it's asking about your health, have you clicked the wrong change of circs tab? Neither the caring or DLA change should bring this question up.
Caring is just under caring and all it should ask is who do you care for, is it over 35 hours per week and do they receive a disbility benefit. The DLA change shuld be under children, which again shouldn't ask about your health as it is relevant.
Have the review team started a change for you at all?

  • Like 1
Link to post
Share on other sites

Yes, that is the two changes i did. What do you mean a change? They havent said anything, just appeared in my 'to do list' i have no idea why.

 

Just before the health/fit for work date question appeared in my to do list then asked if i had any childcare costs.i said no.

Edited by mummytiger
Link to post
Share on other sites

If it appeared in your todo list, they must have started it for you, you should have the option to cancel the change, normally at the bottom of the page, just click on that and then send a journal advising there hasn't been any changes to your health.

  • Like 1
Link to post
Share on other sites

A lot of the review teams are new and don't fully understand what they are doing, they basically follow a script/to-do that tells them what action to take.
It could just be an error on their part or an old change that had been started and has just sat there unnoticed.

  • Like 1
  • Thanks 1
Link to post
Share on other sites

I just remembered,

at the start of my review, i had to go through each section and check the information was still correct and up to date.

My health section was missing one illness that i was diagnosed with 5 years ago but failed to report it as a change, so added it.

Would this be why the 'what date did your health change' appear in my to do list? 

My lcwra expired during lockdown and is overdue (i believe its different to the review i am currently going through, as was told this review is to check if i am receiving the right benefits/amounts),

will the changes of the additional illness and the new caring responsibilities prompt a review of my lcwra?

I am still unsure whether to proceed with the CA or not and just keep my UC standard allowance in full and as i am in LWCRA at the moment, i am unable to work anyway. 

Do i need to inform PIP (whether i claim CA or not), that i care for my child? 

Link to post
Share on other sites

No, the reporting of changes to health will not trigger a WCA  (LCWRA) reassessment. DWP are gradually processing reassessments and when yours is due, you will receive a letter in your UC journal.

In regard to PIP, becoming a carer is not listed as one of the changes that needs to be reported.

WWW.GOV.UK

Personal Independence Payment (PIP) replaces Disability Living Allowance (DLA) - how and when to claim, rates, eligibility.

Change of circumstances

You must contact the Personal Independence Payment (PIP) enquiry line if:

  • your personal details change, for example your name, address or doctor
  • the help you need or your condition changes
  • your condition has worsened and you’re not expected to live more than 12 months
  • you go into hospital or a care home
  • you plan to go abroad for more than 4 weeks
  • you’re imprisoned or held in detention
  • your immigration status has changed, if you’re not a British citizen

 

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Do i have a choice whether to proceed with CA? I was told in my review to report i care for someone. If it doesnt make any financial difference then can i just say that in a journey message?

Link to post
Share on other sites

It is best to report caring activity, as if for example you had a reassessment and LCWRA was removed, with only LCW awarded, you would then be put into a work preparation group, with Job Centre appointments being required. If you had reported caring activity which was verified on your claim, then if you had LCW only, with the caring noted, you would stay in no work related activities so no Job Centre appointments required.

You need to think into the future. Current Government are planning to make changes to UC work capability assessments, with the presumption being that most people are able to work or prepare for work. Yes there may be an election this year with a new Government, but I think any new Government will be wanting to increase number of people available for work.

It is best to report that you are caring, as that may limit your ability to work or prepare for work.

  • Like 1
  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

When i did my change of circumstance, informing uc that my child receives DLA HRC (with a back date), I assumed they would calculate the backdate and process it but nothing to date.

Do i have to request it myself by putting a note in my journal under 'payments'.

I just assumed due to the holiday period it was delayed. 

Link to post
Share on other sites

On 04/05/2023 at 07:12, tomtom256 said:

It wouldn't/shouldn't be treated as income, as you are selling personal items and not running it as a business.

You can sell as many personal items as you like.

Is there a certain amount that the DWP allow you to sell without it affecting benefits?  Is it anytime or per tax year?

It's selling outgrown old clothes to fund replacement clothes (only way i can afford to do it and save landfill too) and seems 'regular' and not a 'one-off', as children are growing constantly and need the next size up regularly.

I mean, i can list a majority of them as a 'one-off' (in matching sizing to show i am a private seller) but can appear 'regular' as they trickle with sales and take months. Just as i sell one batch size (taking many months), we are then outgrown the next size to sell. 

Also, i do not understand this new article, given i am on benefits, would it mean i can sell max 30 items (or £1700)? That isnt profit though for me.

Is it Jan 2024-Dec 2024 or Apr 23-Apr 24 before platforms report to HMRC? 

 

Link to post
Share on other sites

If you bought and paid for items of clothing for your families needs, then as long as it is not a business, then of no interest to DWP or HMRC. For Universal Credit you must declare capital, savings and investment of £6000 or more. So if you sold personal items providing you cash of £6000 or more, you must declare this.

If you were involved in a business where you were purchasing items to resell them, then you would need to declare this to Universal Credit and if you earned £1000 or more in a tax year report this to HMRC.

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Do you mean £6k or more throughout a tax year and totaling at the end the £6k+ or at anytime in that tax year that amount for one item as one payment? Does it matter to them that its 'regular' sales? 

Link to post
Share on other sites

if you ever had +£6K balance showing across all bank accounts when added up (that's called savings)

the £1000 is an annual figure whereby HMRC might get interested.

ive changed your earlier link to another website to the actual one from HMRC, that way you can read it from the horses mouth not some (IMHO) very weird interpretation.

  • Like 1
  • Thanks 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 1 month later...

The DM has decided to backdate the severely disabled child element and carer's allowance, however, i received my statement the next day and no adjustments had been made fully (no carer's allowance yet (still states standard allowance but the SDCE has been added going forward only. I have a few questions:

1. Does carer's allowance write to me separately and still have to make the decision if i qualify for CA? 

2. Its been 7 days, no back payment for the SDCE yet, would that be added to my next month statement (march) or paid separately imminently? (As i received this month statement (February) the following day after the DM made the decision, maybe too soon to re-calculate/make adjustments).

3. With the CA, what happens now?

As i would have been overpaid for the standard allowance but due the CA back payment, as they are the same amount, do they keep the CA BP to pay the SA overpayment or pay me the CA BP and tell me to pay back the SA overpayment (monthly), if so, how much would that be? (I would rather they just take the CA BP to pay the SA OP 

i dont have an OP marker on my account.

Link to post
Share on other sites

They tend to pass underpayments to debt management for any overpayments first. They should have let you know via your journal, check the letter they should have uploaded.
CA is totally seperate so you need to contact them as UC has no input with them.

  • Like 1
  • Thanks 1
Link to post
Share on other sites

The letter attached states:

"Changes to your Universal Credit entitlement will be shown in your monthly statement". 

If they are seperate,will i have to pay the overpayment back in instalements for the standard allowance? If so, how much per month? 

As the backdate for the disabled child have been agreed, do i have to request the backdate money or will it be paid seperately to my usual uc payments? (its been 7 days since the DM sent the letter).

There is no prompt to contact CA seperately in the journal or letter, do uc inform CA that the DM agreed to the backdate and CA will write to me automatically or do CA now do a seperate assessment to see if i qualify for CA?

Link to post
Share on other sites

I just re-read the journal message and it appears the DM has agreed to the back for severely disabled child element and carer's 'element' not allowance but i recieve LCWRA and assume i didnt qualify for carer's element and carer's 'allowance' was being considered and was equivelent the the standard allowance. This months statement still shows the standard allowance, no carer element. 

Link to post
Share on other sites

When i was going through the uc review, i had to complete two change of circumstance:

1.Report child dla award (to recieve the severely disabled child element)

2. Report my caring responsibilities (as i recieve lcwra, i assumed i would be considered for CA by uc in this reporting the change, as i do not qualify for CE) 

Then it was in the hands of the DM to backdate or not. 7 days ago they decided to allow it for SDC element and carer's element. 

Should i be applying for CA directly to CA? Will they backdate more than 3 months though? 

Link to post
Share on other sites

If you get LCWRA, the Carers element on UC is not payable.

Carers Allowance benefit is separate to UC with own set of rules, so contact them. If you are paid Carers Allowance, whatever you receive is reported to UC as another benefit income and would be deducted from UC awards.

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...