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Will Goodfellow

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Everything posted by Will Goodfellow

  1. The limited capability for work and work related activity (LCWRA) component which existed as part of ESA still applies to Universal Credit. It is the limited capability for work (LCW) component which was scrapped for both new ESA claimants and UC claimants after 3 April 2017. This cut the amount for (new) ESA and UC claimants deemed to have LCW by £29.05 per week. The £29.05 per week cut to LCW claimants is in addition to the disability premium cuts. Your frustration is understandable but if you had been receiving the extra £29.05 per week when your DRO application was considered, that would have been counted as income towards the £50 per month DRO limit. You may still have been eligible for the DRO if that additional amount was incorporated in to expenses. I don't agree with your DRO being cancelled but it's correct where the sum you have received is a backdating of your LCWRA component and is over £1000.
  2. The police must have experienced lots of occasions where a shoplifter steals some goods but pays for others. If that was the consensus for police enquiries, shoplifters would buy some items but steal the rest.
  3. You can appeal the PCN here if you meet the grounds to appeal; https://www.nhsbsa.nhs.uk/challenge-penalty-charge-notice Yes, that can and does happen. Also check if you qualify for the NHS Low Income Scheme; https://www.nhsbsa.nhs.uk/nhs-low-income-scheme If so, you may be able to claim backdated prescription costs within the last three months by filling out an HC5 form.
  4. Your pension will be classed as non-work income and will be deducted pound for pound from any Universal Credit award you are entitled to. £650 per month is more than twice the amount a single person over 25 claiming universal credit receives for the standard allowance. You might receive a housing element towards your rent, there are some good benefits calculators online which will tell you how much UC you will receive, just search for 'benefit calculators'. You should also apply for a council tax reduction if you are liable to pay council tax.
  5. Not quite, if you were not in a full Universal Credit area, you would be receiving ESA instead. If during the DRO moratorium you received a backdated award of ESA while also receiving PIP, you might have received a backdated payment of Severe Disability Premiums or Enhanced Disability Premiums if you were eligible for either payment. However, regarding the property limit for a DRO, it is only the amount of the backdated disability premiums which is disregarded and not the full ESA backdated payment. Where the backdated ESA payment minus any disability premiums is over the £1000 DRO property limit, the DRO would be cancelled as it has been in your case. Regarding no disability premiums being awarded under Universal Credit, that is purposeful cut to disability benefits introduced by the Conservative government.
  6. Do you have any evidence that you made contact about your financial hardship at the time?
  7. Is there any reason that you are only paying Very £1 but the other creditors more? The overall sum of £94.02 should be shared on a pro-rata basis between all creditors, not doing so is preferential treatment. Based on the figures in your original post, ideally you should be paying; Natwest £53.09 Natwest OD £13.56 JD Williams £18.99 Very £8.38
  8. It won't really make any difference whether or not you pass on her ex's details, it is possible that the council are already pursuing the ex too. Your partner and her ex are jointly and severely liable which means they are both liable for the full amounts outstanding. As council tax is a priority debt and your partner is receiving benefits only, the minimum offer should be £3.75 per week as that is the amount which can be deducted from her ESA. If the council refuses to take back the debt form the bailiffs, which is probably will, you can ignore the bailiffs, keep the door locked and do not let them in. Eventually the debt will be passed back to the council and you can offer them the £3.75 per week. You could keep the £10 per month that you are offering Dukes and put it towards the £90 DRO fee.
  9. I agree, there are four grounds on which to submit a TE9 (Dart Charge) and the son does not appear to meet any of them.
  10. A DRO is a good option if she meets the eligibility requirements and her financial circumstances are not likely to change within the next 12 months. Other options would include asking creditors to hold off legal action against her, possibly making token offers of £1 per month. However, that is not going to happen with the council tax debt.
  11. The bailiff does not have to provide details of the ticket, you should contact the Traffic Enforcement Centre for that. If the PCN was issued before the date which the car's change of ownership was registered with the DVLA, you might have a problem proving that your son is not liable.
  12. If a person arranges the funeral of a deceased person and agrees to a contract to provide that service, that person is then liable for the debt. Voluntarily paying for a funeral has nothing to do with a grant of representation, it is a separate issue from administering the estate. Yes, the funeral cost could have been met from any equity in the estate but that did not happen.
  13. You are assuming that the OP is broke when you do not know that for certain. The creditor can make a money claim in a UK county court, the same as any other creditor can. Currently the debt is with a DCA but that does not mean the debt will not be escalated to enforcement agents if a CCJ is issued. You cannot state for certain that the creditor will decided it is not a 'good idea' when the OP is also fully liable for the debt as well as another party. You also cannot state for certain that the debt is statute barred without knowing when the OP's ex defaulted on the accounts. The OP left in 2012 but the accounts could have been used without default until recently.
  14. What makes you think that? It could well be enforceable in the UK, see the The Reciprocal Enforcement of Foreign Judgements (Australia) Order 1994. This is a joint debt so they are joint and severally liable which means that both parties are liable for the full amount.
  15. The Taking Control of Goods Regulations 2013 states any day of the week but the Taking Control of goods National Standards while not legally binding states "Enforcement agents should be respectful of the religion and culture of others at all times. They should carefully consider the appropriateness of undertaking enforcement on any day of religious or cultural observance or during any major religious or cultural festival" which arguably covers Sundays being a day of religious observation as that is why Bank Holidays and Christmas Day are considered to be inappropriate.
  16. That depends on what date the maintenance arrears are from. Pre 2010, if your mother was claiming benefits, any child maintenance she received would have been deducted from her benefits with a small £10-20 disregard. As your father had a liability to pay but was not doing so, the DWP would have topped up your mother's benefits by the amount of missing child maintenance. If that was the case, the money will be going straight to the DWP and not your mum.
  17. No, he would not count as an additional child as he is not eligible for child maintenance himself being over 20 and not in full-time education or equivalent. However, if he is unable to work due to his health condition, he should claim Employment and Support Allowance or Universal Credit (depending on postcode), otherwise he should claim Jobseekers Allowance or UC if he is fit enough to work. Neither will affect his PIP claim.
  18. It's not normal but it is a regular occurrence which the DWP put ESA claimants through. If your condition is unchanged from the last assessment it is likely that your assessment will have the same result.
  19. Answered above but it is the credit report issue that you seem to want resolved rather than the O2 debt. Also, relying on discrepancies with name spelling or middle initials errors is not going to negate your liability if you were the person who agreed to the O2 contract. What proof did you provide to Experian that the debt is unrelated to you?
  20. Consider transferring the balances to 0% interest credit cards.
  21. It depends on what your disposable income is after deducting day to day living costs. You may end up going bankrupt but paying off most of the debt anyway as disposable income above £20 per month is likely to be subject to an income payments agreement.
  22. Under the Consumer Credit Act, they have right to try to remedy a complaint by "repeat performance" (55(1)). Even if you made a claim against them, it is unlikely that you would receive a full refund as they have completed part of the contract, you would likely receive a partial refund if anything.
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