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ErikaPNP

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Everything posted by ErikaPNP

  1. It has to come from Social Fund as it is this department that will have given her the loan. Don't let them tell you any different. Unless the case has gone to Debt Management. It depends on individual circumstances. Although the Social Fund total limit is £1500, budgeting loans have a limit seperate to that (but not in addition to it). There is a limit for a single person, a seperate limit for couples and another limit for families. Sorry to be the bearer of bad news but she will not get £1500 for a budgeting loan, as the budgeting loan limit is below this figure for everyone. Given the amount that was offered in the loan she recently applied for, I can only assume that she has children which are part of her Income Support claim. It is unlikely at this time of year that she would be offered more than £900 for a budgeting loan (if she has children) regardless of any outstanding debt, although she can claim for the excess through other Social Fund Loans. The limit for budgeting loans can change periodically throughout any financial year dependant on how much is left of the budget. Regarding the queried amount, is she telephoning the number regarding this? If so she should ask for someone from the Recovery Team to call her back, unless the repayment has gone to the debt management centre, there will be a seperate number for that. What I would recommend is to write to the Social Fund Office that gave her the loan, address it for the attention of the Recovery Team Manager, and explain the situation and that you would like either confirmation in writing that the loan has been repaid or in the event that it is not repaid, a statement showing the original amount of the loan, what has been collected do far and what is outstanding. Make sure you mark the envelope "RESTRICTED" - this ensures that it will go directly to the person named on the envelope and not to anyone else. I'd also recommend sending it recorded delivery to make sure you have proof of delivery. Income Support will probably only have limited access to the Social Fund system, and may only be able to view shortened data. Under the freedom of information act you are entitled to see any information held about you. If you have no joy, get your local MP involved as once an MP steps in they will move a whole lot quicker. Hope this helps.
  2. Hi there. I'm hoping someone can help me.... I've been registered with the telephone preference service for over a year now, but I am still getting calls, mainly from UK charities (one tried to tell me that charities are exempt from the TPS legislation which is complete rubbish). I also get calls from companies trying to sell services. The latest call I found very upsetting (nature of the call and personal circumstances). I would like some information on how to take this further as I have had enough of being disturbed in my home in the evening. Who do I complain to? How do I complain? And what proof do I need of the calls as the numbers always appear with held on my caller ID, so I have no idea how I can prove I have been receiving the calls, and I assume I have to prove they are taking place. I would very much appreciate some guidance in this. I thought registering with TPS would put an end to it but seemingly not, and I have checked that my number is definately registered.
  3. What the hell was that guy from first credit on about when he said to the woman over the phone that the section papers don't prove mental illness?! Section papers firstly are a legal document, secondly for anyone to be sectioned under the mental health act is absolute proof of mental incapacity, you can only be sectioned if you are completely mentally incapable! That is the reason the law and sections under the law exists, in order to force mentally ill patients into treatment if they are mentally incapable of admitting themselves and their illness could cause harm onto themselves or others. what a complete idiot, I've never met a person yet who thinks someone who has been sectioned is mentally capable. Prat. That's not poor training, that's complete ignorance and idiocy.
  4. Thank you for your time in answering my post Spamheed - I really appreciate it, and will be sending them a letter asking them to prove the debt is mine. I'll carry on making payments until I get a response.
  5. You have to inform the Jobcentre if you intend to work, even for a day. If you don't tell them and they find out, they will stop your benefit immediately and you could also be left open to the wrath of their fraud department. If they decide to stop your benefit because you are working, you can do what I believe is called a "rapid reclaim" in order to avoid going through the entire lengthly claims process every time you work for a day. HOWEVER - I believe that self employed people are AUTOMATICALLY refused JSA, so please do bear this in mind The best thing to do, is to give them a ring and ask how it would (hypothetically) work in your individual circumstances, as individual circumstance can vary from one claim to another. Also ask if a rapid reclaim would be possible. I don't know enough about benefit to be certain about this.
  6. No problem. Incapacity is not a means tested (income related) benefit, so I didn't think they could possibly ask for the money back.
  7. Thank you, Spamheed. Burp, I appreciate your response but I'm not going to lie about my living there, the council know I was even though I wasn't on the tenancy agreement or electoral register as I had dealings with them when the actual tenant wouldn't regarding the condition of the property. Spamheed - by incompetence, I mean my full compliance by providing them with complete details and persmission to arrange a deductions of earnings order to pay the debt, which for three months I chased them about as they never applied it to the account, then they emptied my bank account with some sort of order from the court - which was apparently due to "failure to comply", although I had furnished them with details for wage arrest and called them every month for the three months they failed to attach the DEO to enquire why no money had been taken from my wages. So I chased my own debt more or less to get it paid and they emptied my account anyway. In addition they sent me letters threatening court action for failure to pay after I had being paying via direct debit for two years with no default, and were threatening and intimidating when I rang to advise them I had been paying and to please sort it out. I don't know what a liability order is, so I can only assume I haven't had one, I really don't know. They haven't provided any proof that I am responsible for this debt. the council knew I was living there but I was not on the tenancy agreement, had not signed the tenancy agreement and never put my name to anything. The council had a knowledge that I lived there, that was it. I applied for succession of the tenancy, but it was not granted to me - it was granted to the person I lived with. The company collecting the debt call themselves the largest employers of sherriff officers and messengers-at-arms who manage the the litigation and enforcements of their clients. Whether that means debt collectors of baliffs, I don't know. Can I submit an SAR? And can I insist they prove my liability for the debt beyond "a knowledge of me living there"? Many many thanks.
  8. I can't see why to be honest Incapacity benefit is a non-means tested benefit, it is payable based upon your circumstances, not income. The claim for Jobseekers may have been based upon income and money available to you at the time of the claim. I don't claim benefit, but for the sake of argument, lets say I did. If I was to have a lottery win three years from now, would the government demand back any benefit money I would have (hypothetically speaking) claimed? No. Unless your compensation was available to you during the period you claimed benefit, I cannot see why they would want to claim it back from you. As far as I am aware (I MAY be wrong) the DWP can only recoup money if: 1. You were found to be commiting benefit fraud 2. You had a repayable Social Fund loan 3. You are later discovered to have had available funds during the period of your claim for Income based benefits 4. You were awarded a Funeral Payment from the Social Fund and it was later discovered that there were or now are monies available from the deceased's estate to meet the full or part cost of the funeral. 5. You have arrears of child support to pay. Were you claiming Contribution based jobseekers allowance or income based jobseekers allowance? With jobseekers, the sum you can claim can be affected if you have savings over £6000. If you have savings over £16000, you don't qualify at all. Neither of these sums are anywhere near what you say the compensation is. You do have to tell them about a change in circumstances but this is for the duration of the claim, not after. Your best bet would be to ask them yourself, otherwise you could have that money sitting around doing nothing. I really don't think they can recoup it.
  9. Is it worth persuing through the small claims court? "Haven't the energy to go through it all again" - what a flaming cheek! Sorry but it really bugs me when people walk around with the attitude that everything in life should be resolved for them, for goodness sake, she is an adult, and as such needs to take responsibility for her actions! I'd maybe report her for benefit fraud as well, you can do it online. As she has not used the benefit for its intended purpose, and as her landlord you have proof of such that you have not received the rent. Apologies for the rant. Some people just have a really bad attitude and bite the hand that feeds them.
  10. Hi, I know about general debt collection thanks to this forum but I know nothing about Local Authority debt collection and if there are any different laws. This is long as I have to explain the situation fully, so please bear with me. I am paying a Council Tax debt from years ago. The debt is on a house I am now the tenant of, however the at the time the debt was accrued I was not the tenant, my name was not on any tenant agreement but I did reside there with the person who was the tenant, although I was not on the electoral register. The council tax bills had my and the tenants name on them, although at no time did I provide my name to the council tax department or sign any documentation. I was not aware that the tenant was not paying council tax, until a short time before I became the tenant. At the time the debt was accrued, I gave the tenant money for my half of the council tax, and he never paid it. They debt collection agency contacted me and began chasing me for the debt. I tried several times to arrange an arrest of my salary, they had all my paye details then failed to set the wage arrest. They then removed all monies from my bank account (the details of which I did not give them). I rang them immediately and lost the temper as I had complied fully with them, despite that I felt I should not be responsible. I set up a direct debit to pay them monthly. A few months ago I got a letter threatening court action if I failed to pay the amount in full. I phoned them and made it clear that I have been making payments since 2006 with no defaults and could prove it as it comes directly from my bank account. The man I spoke with was threatening and intimidating and demanded I furnish him with bank statements. I refused on the basis that they previously obtained my account details and took everything therefore he could damned well look up the records correctly OR take me to court, where I would produce every single solitary bank statement and make him look like a fool, his choice. A few days later I got a call, stating they had found the records and my payments were up to date. A friend of mine told me that even if I am making regular payments, they will continue to add "extra charges" for handling the account and I'll never be out of debt with them, so I have rang the company and asked them to provide details of my account as I would like to know how much I have left to pay, and see for myself if they have added any extra charges. They have refused to provide this. I have never had any form of statement from them in the two years I have been paying to show how much debt is left outstanding. So I'd like to know the following: 1) Can they continue to add charges despite my regular payments? 2) Can they insist I pay the debt in full, even though I was not the tenant? (They say I have to prove I didn't live there, I say they have to prove I did) 3) Do they have to provide statements upon request? After all they could be telling me anything! 4) Can I do anything at all about their incompetence? Thank you in advance.
  11. Have you sent any red letters to the tenant to advise her the account is in arrears? (as if she didn't know) I may be misunderstood here, but as far as I am aware, the tenant has to have at least three advisory letters prior to the commencement of court proceedings. If this is correct for private landlords, then perhaps you should begin sending letters now (if you haven't already) in order to speed the process up when you can go to court. The first one may be for example an advisory letter, and requesting that she contact you to make a repayment plan, the second along the same lines, and the third, advising eviction proceedings will be commenced if she does not pay the full outstanding amount within 14 days. (That's the standard letters, as far as I am aware) Ooh, and make sure they are sent recorded delivery so that you have a record of them being received. I appreciate the costs of an eviction are very high indeed, however if you don't go down that road, would you end up losing further finances at her leisure?
  12. If the starting date has been agreed within any of the written communication then they would have to honour that, unless there are extreme circumstances. Are you in the union? If so, they could probably advise you best as unfortunately government employees do not always have the same rights as employees in the pulic sector. Also have a look here: Acas - How can we help? HTH
  13. Yes, it is the same in Scotland re rent being paid directly to the landlord. There is a part of the form the occupant can complete for this to be implemented, although I don't know whether the landlord can request the council to change it to direct payment. I would give them a ring and ask, the worst they can say is no, or refuse to discuss it due to "data protection"
  14. Don't let it worry you. I've had these checks twice, within four months of each other. The second time I was fuming and told them that as I have paperless billing, they would either have to accept prints of my internet account for utilities or contact the companies directly themselves to confirm. I also told them that as they had requested bank statements going back a year, they could pay the fee I would incur in getting them, as I destroy my original statements upon checking they are correct. I had nothing to hide, I was just piddled off at being investigated twice within such a short period of time, and the blokes' sttitude toward me when I asked the simple question of why I was being investigated again. Sorry, but if they want my personal financial details, I have every right to ask why, and every right to expect an explanation. The first time, I just got a reply apologising for inconveinence caused and confirmation that the investigation was complete and no changes would be made to my award. The second time, I got a reply telling me I was not receving ENOUGH tax credit and they would adjust my award so I would receive a higher amount.
  15. Hello! Mods, please move to a more appropriate section if necessary, I couldn't decide on a suitable category for this. As many people will be aware, schools are on strike lately. I have been given two days notice of this, and two choices; either take the day off (unpaid leave, as employer is not obliged to pay me for time off which is not annual leave or flexi leave.) or pay for my children to spend the school hours with the childminder that they are with the rest of the day. As my childminder does not charge for the time children are in school, this means I have to pay out extra due to the strikes. It would have cost me more in wages to take the day off. Next week they are threatening to strike again, this time for two days but they have not said which days and again, I will have to pay out extra funds, which I cannot reasonably afford. In total this will cost me an additional £168.00. Tax credits will not allow for strike action childcare payments, so I have decided to take it upon myself to write to the council the school is under to express my position, and the financial impact. I am going to request reimbursement. Now I'm not an idiot and do not think I will get a reimbursement without it being a long drawn out process, if at all but I think for the principal of the matter I have to make a stand. It might actually go some way to helping the teachers too as the authorities will see what impact the strike has on families of the children and the authorities will have to take note of this. They may not act upon it but the whole point of a strike is to show the impact it has. Thing is, I have no idea whom to write the letter to. Do I address it to the council or the board of education or whom? Many thanks.
  16. Awww, I'm sorry my posting came across as being ungrateful. Reading it back I can see why it would seem that way. It was actually meant as poking fun, but halfly serious at the dispute within the thread as it could potentially put new members off to see fellow members arguing back and forth. I apologise for offending people. And I am grateful for the answer I have now received. Thank you.
  17. Gee whiz!! 4 pages of arguing the rights or wrongs of opening mail! For the record, I am perfectly aware that opening another's mail with criminal intent is an offence. What I ASKED was could I possibly be prosecuted for my 2 year old child opening the mail. i.e what would the likelihood of that be, as I cannot prove she opened it, but as her parent I am reponsible - that's all I wanted to know. 4 pages of innane ramblings at each other and still my original query is no closer to being answered. I give up. Seriously.
  18. As title! Ends soon.... Petition to: Make it financially feesible for parents to undertake employment. | Number10.gov.uk
  19. Thank you for your "obvious" answer. Perhaps I should have expanded. I have on many occasions returned post to the sender when receiving mail for this man. It doesn't stop it, I have been returning mail for him since I moved in here 5 years ago. I am also listed with the mail preference service and have asked for this man's details to be removed from my address, I have also asked the post man not to deliver mail for him as he does not live here, but return to the sorting office. All to no avail. After 5 years of debt collectors and letters addressed "To the occupier" asking for details of this person which I have replied to stating he is not known here, I am sick and tired of it.
  20. Yes, I am aware of that. That is why the link is there. Perhaps I should have made it more clear, but thank you for clearing that up.
  21. I'm afraid not. You would only get help if it were classed as "childcare costs" and the child is being looked after by an ofstead or care commissioned approved nursery whilst you are at working at your place of employment.
  22. By "not get involved" I meant not be able to get involved in a case against this person who I am sure will attempt to contest it. I just want to make sure my parents wishes are met. They are seeing a solicitor about it but haven't mentioned this person. I think it's wiser if they do mention him at least then the solicitor can give them rounded advice. Thank you all for your help, it's appreciated, and rep left.
  23. Hi, wee problem here! My youngest has a nasty little habit of opening my mail before I get near it (she's 2). Anyway twice now there has been a letter for a well known bank, the first thanking a person for "opening an account online" the second was thanking him for changing his address. This person does not live here, and is the same person I get threatening debt collectors appearing at the door for. He's also claimed benefits using my address. The first time the letter came from the bank, I rang the helpline number and asked them to remove my address from their system. they refused because I am not the account holder. But surely this is fraud? What can I do? Should I write a letter to head office if I can find a head office address? And will I be prosecuted for my daughter opening the mail? Thank you.
  24. I wonder what they would do with a diabetic child that needed to have some level of sugar in the case of an episode? I realise that there are school nurses on board, but an older child should really be permitted, and certainly encouraged to manage their condition and therefore carry a sugar substance?
  25. Thank you Chancellor. Just to clarify: Basically this disinherited person has made my parents life hell and is the sort of person who will steal, beg cheat and lie, if it means he will get something out of it. I cannot describe how low this person will sink, he is pure evil. My parents would turn in their graves if this person was successful and I'll do whatever it takes to honour what they want, even if I'm not successful in stopping him at least I can know I tried to do what my parents wanted. If said person contests the will (it will be "I'm hard done by", but he will make untrue claims and sink to anything if he thinks he can get a share), myself and others named as beneficiaries cannot get involved? Not at all? As we are the only people who know the real situation. If this is the case, can I become involved if I sign away my inheritance? I am perfectly willing to disinherit myself if it means I can make a stand for my parents wishes. It's not about the money or assets for me, it's about honouring what my parents want. Thanks.
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