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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Housing Benefit overpayment - help please!


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Hi there,

 

I'm trying to sort out a problem for my brother with regards to an overpayment of housing benefit of £900.

 

Basically, he started work in November 06 after a very long period of unemployment, as did his partner. He wrote to the HB office to inform them (handwritten, no proof of postage and no copy taken), this letter appears to have been lost in the post. He received letter from HB saying his claim had been suspended (we can't work out why), so he contacted them to inform them that he'd sent a letter stating he was working. He informed them several times during the telephone conversation of this. Lo and behold they wrote to him stating they hadn't received the letter and that and I quote "I have checked on the internet and your Jobseekers claim is still active". He then phoned them again to inform them of same thing. They are now claiming an overpayment back from him AND HIS LANDLORD for the same amount with the same invoice number.

 

What I would like to know is can he argue that the overpayment was not due to his error but down to them as he had informed them several times he was working and therefore the claim should have been stopped. And what internet are they using???!!!

 

Many thanks for your time.

 

 

Posie

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hi posie

 

i have some knowledge of this as part of my job involves dealing with H/B regularly. I have some questions to begin with:

1. Were they in private rented

2. Was the rent from H/B been paid directly to the landlord or to your brother.

3. If you brother was in income based JSA allowance were they making a joint claim, as in were tehy claiming as a couple or indivually.

4. Was he payig any top up of his rent or did they get full H/B

5. Has he got a rent book

6. What kind of a tenancy has your brothr got, short hold,or assured ect.

7. If his claim is only susbended that means he has 1 month to get the info into H/B proving what he is saying, without proof they will not believe the Queen so its not personal.

8. H/B are linked up to the same system as the DWP so they can check if there is a break in your brother claim, if there is thats when the problems start, he will ahve to evidence his earnings, ie , send in his wage slips but his depends on what he earns, he may not be eligable for H/B if he earns over approx £125.00 per week. Time is of the essence here,

it is hardly likely that H/B would pay the money out twice and they would not ever in my experience go to the landlord, they always blame the tenant.

 

HTH

 

Hels Bells

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ps

if the computer systems says his claim is still active it means he has not informed the J/C he has a job,

and has he got the names of who he spoke to when he rang H/B as all calls are put on the referrence of the client who rang and to talk about his claim he must have given them a referrence number or impossible to have discussed it with them.

HTP too

hels

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Hi, thanks for the reply. I also do housing benefit stuff for work, but this one stumping me! lol

 

1. Yes he is in private rented accommodation.

2. Rent direct to the landlord

3. Yes was joint claim of JSA

4. Full housing benefit

5. Dont think he has a rent book but would need to check that

6. Again would need to check tenancy.

7. Claim now appears to be closed but are chasing overpayment.

8. He can evidence his earnings no problem and could probably get a letter from DWP if necessary. He won't be eligible for HB whilst he's in employment. As far as I can ascertain they've approached both him and his landlord for this money.

 

Hope that info helps. It seems to be (to me anyway) a computer error between them and DWP.

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Just to update the other two posts you put up. Both him and his partner went physically into the Jobcentre Plus to inform them of employment. And neither of them have received a penny since from DWP. Reference on letter I couldn't tell you. Probably not knowing my brother!:D

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