Showing results for tags 'decision'.
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Hi all, I'm after some advice... I claim wftc as a single person - my husband passed away 3 years ago. When he passed away my husband had his own business of which we were both directors and our acountant filed our annual tax returns etc. After my husband died (he had a pub) i had to change the pub in to my nme in order to keep it going - pubco insisted. I set up a new limited company of which i was the sole director and informed hmrc of the change. Sadly, i found it very difficult to manage after my husband died and hit some pretty rough financial times and decided to give notice on the pub. The limited company was dissolved at the same time. Whilst i did work during this period - too many hours to mention infact, i did not draw much more than £50 per week from the business and this is what i told hmrc for the purpose of tax credits. If anything, i over estimated. The company was dissolved before our fifrst set of accounts were due and therefore no tax / accounts etc were ever submitted. As i took my money as drawings and not as paye i never had a "tax record" of anything. After the company ended i decided to go in to some consultancy work an formed a new company at the end of the year. Payment wise is more and i advised the tax credits people of the increase. Our first accounts for the business are not due until august this year but the tax credit people are asking me for a P60 from period 2016/2017 which i dont have. What do i do - how do i explain this and should i have filed something?? I looked on the internet and it suggests that if you are a director you dont need to do a self assessment if you are not being paid a salary and only take drawings as and when available which is what i am doing. I'm stressing that they will close my claim and make me pay everything for last year back (the lady on the phone said this could happen). I will no way be able to afford that and i can't pay my mortgage without the current award as i'm building the business and only take a minimum amount out of it... Help! -
Hi all. I recently asked my doctor to be referred to a specialist who deals specifically in concussions (I have experienced my second concussion in 6 months) and he kindly filled out something called an IPFR, which I had to Google to find out means Individual Patient Funding Request. I am not sure how many of these are turned down but I would like a little advice on how to appeal, and what information to include, should this request be turned down? Thank you all in advance. B
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The Local Government Ombudsman's office has just released the following decision. Re: London Borough of Haringey. The complaint 1. The complainant, who I shall call Ms A, complains the Council allowed her to make payment towards an outstanding Penalty Charge Notice (PCN) although it had passed the matter to its enforcement agents (bailiffs), incurring additional costs. What I found 4 The Council issued Ms A a PCN for a parking contravention on 29 September 2015. Ms A did not pay or make formal representations against the PCN so the Council pursued the debt against her. It issued a warrant of execution and passed the debt to its bailiffs to enforce on 16 June 2016. 5. Ms A made a payment of £97 for the PCN using the Council’s online system on 23 June 2016. However by this point the Council had already passed the case to its bailiffs, incurring further costs. Ms A says she paid the fine so bailiff action should cease. However, the Council says she is still liable for the bailiff fees. Ms A says the Council should not have allowed her to make a payment online when the case was with its bailiffs. The Council confirmed it passed the debt onto the enforcement agency on 13 June because it had not received payment and sent a Notice of Enforcement on 16 June. 6. Ms A complained to the Council that she had not received the statutory notices the Council says it sent. The Council confirmed it sent the notices to the registered keepers address. These included the Notice to Owner, the Charge Certificate and the Order of Recovery. Each notice summarised the amount due at each stage. The Council said Royal Mail did not return the letters as undelivered so considered them served. The Council included copies of the notices it sent to Ms A in its response to her complaint. 7. A motorist may make part-payment towards a PCN debt and there was no reason for the Council to refuse Ms A’s payment made on 23 June 2016. Ms A sought to challenge the Council’s action but was unsuccessful, and the Council is therefore entitled to pursue the debt against her, including by passing the case to its bailiffs. Ms A made payment only after the case had been referred to bailiffs and the Ombudsman cannot therefore say she is not liable for the bailiff’s fees. The Council’s acceptance of Ms A’s payment has also not caused Ms A an injustice as it has been put towards the cost of the PCN and bailiff’s fees incurred to pursue it. http://www.lgo.org.uk/decisions/transport-and-highways/parking-and-other-penalties/16-008-073 -
The following is another very recent decision from the Local Government Ombudsman on the subject of vulnerability. Once again, the LGO confirm that evidence needs to be provided if a person considers that they may be 'vulnerable'. Welwyn Hatfield Borough Council PS: The following is a short version of the decision. A link to read the full report is at the end of this post. The complaint Mr X complains that the Council has unreasonably taken Council tax enforcement action against him despite his vulnerability. What I found The law says people must pay their council tax before the installment date stated on the bill. If people pay late on more than two occasions they lose the right to pay by installments. The Council can then demand that they pay the full amount which is due for the rest of the year. If they do not pay the Council can serve a summons and ask the magistrates for a liability order. A liability order is an order confirming the person must pay the council tax and costs. Further costs are incurred when magistrates grant a liability order. If someone does not pay the council tax, and the costs, the Council can ask enforcement agents to collect the debt. Enforcement agents charge fees which must also be paid. Mr X has council tax arrears from 2013/14 and 2014/15. The Council has provided evidence of Mr X’s non payment of Council tax and the courts upheld the summonses when they issued the Liability Orders. Mr X did not make any arrangements to pay his council tax arrears. In November 2014 Mr X told the Council he was a vulnerable person. The Council asked him to provide evidence and held his account for a month to give him time to provide the evidence. Mr X did not provide evidence of his vulnerability and the Council sent his account to enforcement agents (bailiffs) for collection. Councils can use enforcement agents to enforce Council tax debts. Mr X says they should not be used as he is vulnerable person. The enforcement agents wrote to Mr X in November 2014 asking for medical evidence of his vulnerability signed by his GP or a medical professional. They did not receive any medical evidence from Mr X. In September 2015 Mr X sent the Council a copy of a letter from his local mental health team inviting him to an appointment as evidence of his vulnerable status. In October the enforcement agents wrote to Mr X detailing the amounts he had to pay to clear his council tax arrears. Mr X provided the council tax department with a copy of a letter to the Housing Office on 25 January 2016 about his mental health. The Council told the enforcement agents who arranged for its welfare team to deal with him as they are experienced in dealing with vulnerable people. The enforcement agents returned Mr X’s accounts to the Council as they could not contact him. The Council contacted Mr X numerous times about the arrears on this council tax accounts. The law allows councils to instruct enforcement agents once the court has issued a liability order. The law also says that the court costs and fees charged by the enforcement agents must be paid. Although Mr X says he is a vulnerable person, he did not provide evidence of this to the Council until January 2016. Without evidence to support Mr X’s contention that enforcement agents should not be used, there is no evidence of fault in the Council’s decision to utilise them. Final decision There is no evidence the Council has been unreasonable in its decision to take enforcement action against Mr X for council tax arrears. http://www.lgo.org.uk/decisions/benefits-and-tax/council-tax/16-001-201
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Hello... I wonder if anyone can help with this, please? I'm writing on behalf of a friend who applied to DWP for pension credit way back in June. For some reason, DWP took a very long time (6 months!) to come to a decision... they have finally decided that he is entitled to PC of around £80 per week, and that it will be backdated. Does this mean he will get the full 6 months PC, or do they have a limit on the amount they will refund? I think I saw somewhere that no matter how much they owe you, they limit it to 3 months back pay... or am I wrong? Thanks in advance for any help, Theda.
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Unfortunately, many people consider that because, they have problems with mental health that a local authority should not pursue them for road traffic debts or refer cases to bailiffs. The following recent decision from the Local Government Ombudsman is therefore of importance: PS: The following is a short version of the LGO's decision. Please refer to the link at the end of the post to read more. London Borough of Hounslow. The complaint Mr A complains the Council harassed him and discriminated against him by using bailiffs to collect a debt relating to two unpaid Penalty Charge Notices (PCN) when it already had notice of his mental health problems. Mr A maintains the Council should have treated him as a vulnerable adult and told the bailiffs of his condition. He seeks a refund of the enforcement costs he has paid and compensation. What I found Council parking enforcement officers issued Mr A with two PCNs. As Mr A did not pay the charges the Council followed its usual enforcement procedures to obtain payment of the PCNs and the accrued costs. In February 2015, following the Council’s actions in sending out Charge Certificates to Mr A in relation to the PCNs, he wrote to the Council explaining he had mental health problems and enclosed a letter from his GP and the Jobcentre. The Council responded by advising Mr A that while his medical condition had been noted it was not accepted as mitigation to cancel the PCNs. An Order for Recovery was then issued in April for the two charges. As the debt remained unpaid, the Council passed Mr A’s case on to bailiffs acting on its behalf and they wrote to him at the beginning of June. As no response was received, an enforcement agent, Mr X, attended Mr A’s property. Having taken control of Mr A’s vehicle, Mr X spoke to Mr A who informed him of his mental health problems. Mr X told Mr A he had no knowledge of Mr A’s condition but declined Mr A’s request to call his office or the Council to confirm it. Instead, Mr X told Mr A he could seek legal advice. Mr A offered payment by card but made clear he believed he was doing so under duress. Mr X told Mr A it was his choice whether or not to make the payment and Mr A paid the outstanding debt in full. Mr A then made a complaint to the Council about its and the bailiffs’ lack of understanding of his illness and vulnerability and that he had been forced under duress from Mr X to make payment. Having contacted the bailiffs and sought their comments, the Council responded in August 2015 but did not uphold the complaint. It concluded Mr A’s case had been dealt with in an appropriate manner. The Council confirmed it had been aware of his mental health problems but, having considered matters, decided that his particular circumstances did not warrant the cancellation of the PCNs. Because it had decided to pursue the charges, and refer his case on to enforcement agents, it did not consider it necessary to make the agents aware of Mr A’s correspondence about his mental health problems. It did not uphold his complaint. Analysis When Mr A told the Council of his mental health problems, it considered what he had said, and the evidence he had provided, but decided his condition was not sufficient mitigation to stop collection of the charges. It informed him of its decision. The merits of this decision are not open to review by the Ombudsman no matter how strongly Mr A may disagree with it. I have viewed the recording of Mr X’s visit to Mr A’s property. In it Mr A tells Mr X his condition is such that the Council should be working with him to which Mr X replies he can make a payment arrangement with Mr A. He did not doubt Mr A when he was told of Mr A’s mental health problems and told him he could seek legal advice. I saw nothing in Mr X’s behaviour which amounted to harassment or discrimination and he reasonably took the card payment which was offered to him by Mr A. http://www.lgo.org.uk/decisions/transport-and-highways/parking-and-other-penalties/16-000-771
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Can anyone give me advice? We were first in line for a Housing Association bungalow and a multi viewing was arranged last Monday. It was pouring with rain and there was no electric so very dark. We looked around with the 2nd, 3rd and 4th in line, some with babies which made us feel very uncomfortable. We had to make our mind up at that viewing and although we had some reservations about the size felt we had to say yes there and then or lose it. We had to pay the first month's rent immediately although obviously we have not had chance to let our (private landlord) know and give notice. We now wish we had a cooling off period of even a day as we've now looked in the light and realised we haven't room for hardly any furniture. We take responsibility for our decision but feel we had less rights than buying double glazing or something where there is a window to change your mind. We are now stuck with 2 rents and possibly 2 council taxes for the next month. My question is surely we should have been given more time and a month's grace to give notice to our existing landlord. Would welcome any feedback. -
Today i got a letter for my son he no longer lives at our address and has not for some time. He has had a lot of mental health issues and is diagnosed Autism, learning disabilities and also depression. At present he resides in a care home with his only income DLA and ESA. out of that money he has to make part payment each week towards his stay in the home. He has to pay £100 per week towards his care which he pays out of the money he receives. he called around today to get his post and in there were a couple of letters one from the court and one from cohen cramer... the court letter stated that he had not replied to the form and therefore it was judged that he owed just under £500 and should pay £50 per month starting the 14th November. .. the other letter from cohen cramer said the payments should be made to lucas credit services. all his post is delivered to our address and we give it him whenever he calls up. he is adamant he never received the claim form and as far as we know nothing ever came in the post. the fact is the court made a decision but unfortunately due to is financial situation and the fact he didn't receive the form is there anything we can do to sort this out. there is no way after paying out everything he owes he can afford the sum asked for per month and also as he does not live here what can we do regarding the order. any help would be greatly appreciated thank you for looking
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Hi all, Got the little brown letter through the post today - what a farce. It certainly seems to me that they have been deliberately vague and limited in their reasoning. There is absolutely no detail, findings of fact and how those facts apply to the relevant descriptors. They may as well have simply said "sorry, your claim is refused" and it would have been just as meaningful. What is the best way to go ahead challenging this? I understand the average MR request is successful. Is it best to get the medical assessment report then put something in writing to the DWP? I understand I have around a month to do this. Sincere thanks in advance.
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I am sure I heard on the news a week or so ago, that there has been a court decision regarding arrears added to the capital of a mortgage. And that this is illegal. I would really like to look into this a little further and try to understand it. I can't find any information!! I've looked through CAG posts, googled 'Court Decisions', but can't find any reference to it. Was it all just a dream? Did I imagine it? -
i had a mandatory reconsideration for backdating of my JSA, the decision maker decided in my favour so i will be paid 29 days im owed. I was told by about 7-8 advisors that if they changed the decision in my favour it could be actioned as a same day payment because i've been without for so long. i spoke to the benefit centre today and they have said even though it has been ruled in my favour they have to contact the job centre regarding "labour market laws" and that it will be around another week before i am paid anything. who is correct? its been about 6 weeks now and we've been living off about £20 or less a week to feed/keep warm etc myself and 2 kids under 7 so we're desperate for this money -
After scoring zero points on my 3rd WCA assessment (so no change there ) I find my self in a dilemma! Do I or do I not claim Universal Credit [uC] Well.................... http://www.rightsnet.org.uk/forums/viewthread/10218/ http://www.rightsnet.org.uk/forums/viewthread/9951/ That's in Full Service areas I'm still in a single claimant area so..... I'm going for it.... ; a. LHA change of circumstances in today NIL income declaration well except for DLA,. b. going to have to argue for an annotated fit note from a GP I've seen before from here http://www.rightsnet.org.uk/forums/viewthread/8408/ c. sent off the SAR and Mandatory Reconsideration with proof of posting this morning. Now the basics of the argument are; a, as you have not claimed UC there is no new claim nor conversion to UC regs. b, as there is no new claim nor migration it's all just a new phase in the same ESA claim which REG 30 applies too Antone knows there shizzle on this procedural stuff so maybe can advise? So ESA at assessment rate with DLA/.PIP premiums is still.... -
Hi I am sure plenty of members are aware of Labours National Executive Committees (NEC)decision to bar all members who joined in the last 6 months (100,000 people approximately) from voting in the new leadership race? That is unless you pay a £25.00 membership fee within the next two days? The questions I would like to pose are, a)Is it illegal to, retrospectively, change the constitution/rules to deny the’ new’ labour party members a chance to vote? b) How much would it cost to mount a legal challenge against their decision? c) Would the new Labour party members be willing to pay an extra couple of quid to finance the challenge ?( here is my £2) d) Would anyone from CAG be able to assist in setting up a secure holding account etc etc if required? Now whether it’s Mark Twain, “If voting made any difference they wouldn't let us do it.” Or Ken Livingston’s twist on it (I think?) “If voting made any difference they would ban it.” Both quotes and the labour parties NEC decision give me grave concern in this world of “open and transparent democracy”. Regards Biff -
I mentioned yesterday on the forum that since the new regulations came into effect in April 2014, the Local Government Ombudsman has dealt with 304 enquiries relating to a council tax complaint that involved bailiff enforcement, and 418 enquiries relating to a penalty charge notice (including congestion charging) that involved bailiff enforcement. The following decision has just been released and again, another local authority has agreed to refund bailiff fees an Out of Time witness statement has been accepted at the Traffic Enforcement Centre. The following is an extract of the decision. Bury Metropolitan Borough Council Mrs X complains the Council failed to refund bailiff costs and the parking fine following the decision of the Traffic Enforcement Centre (TEC). Background: 4 The Council issued a penalty charge notice (PCN) to Mrs X. It says Mrs X did not either appeal the notice or pay the fine. The Council continued to take action to recover the outstanding amount which resulted in bailiffs visiting Mrs X’s property. 5 Mrs X says the first time she knew of the PCN was when the bailiffs visited. She says she panicked when the bailiffs attended and so paid the fine in full. Afterwards she decided to challenge the recovery as she had never received the PCN. Mrs X made a late appeal to the TEC. Her appeal was upheld. 6 The bailiff sent a cheque to Mrs X for £310 on 17 February 2016. This was the return of their fees following the decision of the TEC. The Council retained £82 which is the original penalty charge of £50, £25 for the non- payment before the Council sent a charge certificate and £7 for the debt registration. 7 The Council says it has retained this amount because it did not form part of the TEC decision. It says at no time has Mrs X challenged the PCN and so it is still valid. 8. In response to my enquiries the Council says it will reissue the Notice to Owner to Mrs X. This will give her the opportunity to challenge the original PCN. If it is found the PCN was not correctly issued the Council should make a further refund. Final Decision: My decision is the complaint will not be pursued further. The return of the bailiff fees has provided a remedy for most of Mrs X’s complaint. When we spoke on the telephone previously, she said this is what she was seeking. In addition the Council will now reissue the Notice to Owner which gives Mrs X the right to appeal the PCN if she considers it was wrongly issued. I consider this provides a suitable remedy for Mrs X’s complaint so I will not pursue it further. http://www.lgo.org.uk/decisions/transport-and-highways/parking-and-other-penalties/15-017-156
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im really confued as i didnt attend the medical but sent off a form explaining why , i then recieved a letter back saying :"we have looked at your reasons for not attending a decision maker says you are capable of work from the 15.04.2010 " (this box was ticked) then underneath is says "this means we have decided that you are no longer entilted to which were : Box One : Incapacity Benefit And National Insurance Credits Box Two : Severe Disablement Allowance Box Three : National Insurance Credits The Box They Ticked For Me Were Just : The 3rd One "National Insurance Credits" This is the only box ticked so i dont understand am i losing my incapacity and servere disability allowance cos it says first "u are capable of work from the 24.04.2010 but then says this means we have decided that you are no longer entitled to national insurance credits ! Im confused as i claim incapacity and servere but these boxes werent ticked so what do they mean im no longer entitled to national credits ? im worried if they mean that ill no longer get any benefits anyone plz help me thanks in advance
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Lloyds not in position to give final decision on PPI?????
Lunatic Flea posted a topic in Lloyds Bank
My Wife has made a claim for PPI against Lloyds for some loans several years ago. Main points being it was never fully explained to her and was told she needed to take this out for her to be given the loan. She also had a separate critical illness policy, entitled to 6 months full pay and 6 months half pay from her employer, she also is entitled to death in service payment etc. None of these were used of her. She made a claim a few weeks ago and received a letter today saying they are not currently in a position to provide her with a final response in relation to her complaint. The FCA has indicated it will implement additional rules and guidance for firms on how they should access certain categories of complaints where the level of commission on the PPI policy was not disclosed. I understand that your complaint is likely to fall within one of those categories. they are saying they want to wait until this comes out before making a final decision and this should be towards the end of 2016. They say based on the information currently available to them they do not believe your PPI policy was misold. However when the FCA release further guidance they will consider the complaint again. Has anyone else received this from Lloyds or any other lenders? -
Hi all! POPLA decided my appeal against a "PCN" was successful. However they have just reviewed the case after the operator challenged the decision a have given a Refused Appeal. Had this happened to anyone else? And where does one stand with this?
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Hello, I had an ESA medical assessment on 31st March 2016. I am recovering from mouth cancer which was diagnosed in 2014, I had radical neck dissection, floor of mouth replaced and 3/4 of my tongue removed. I will put off eating as I struggle to move food around and swallowing is very hard, and communicating is almost impossible as my speech has been severely affected. My husband received a call from a Decision Maker today (I am unable to talk or be understood), he was asked if I had deteriorated since assessment which he answered no. He was then informed I scored 0 points and was not eligible for ESA and I could ask for a reconsideration but wouldn't receive any money and I would have to claim JSA. My husband said he did not agree with the desicion and I couldn't claim JSA as I am not fit for work, he said most of the from didn't apply to me I am only affected by eating, swallowing and communication, he gave some examples, then they completed changed their mind and said I am to stay in the support group with a review in 24 months. Is this unusual? I cannot believe in a 10 minute phone call I can go from 0 points to being in the support group. I'm worried my payments will stop.
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Child diagnosed with a disability at age 4, made a claim for DLA a few years later and has been receiving it to date, child now 16 and has made a claim for PIP after being invited to. With an unrelated issue, contact was made to GP to ask proof of disability, GP's can't find medical notes so were unable to help, all records computerised, there are notes relating to his disability though not an actual diagonsis - child has very rarely seen GP and his difficulties have been dealt with by his family. Fast forward with regards claim for PIP, child would not go to an assessment so Atos writing to GP. we understand its going to be very hard to get PIP, so are not holding out much hope - it's not a problem. Now to my question, if GP can't provide confirmation of diagnosis, can Atos/ Decision maker ask that previous DLA awards by repaid? Forms have always been filled in correctly and child has never been asked to attend an appointment for assessment prior to this, we assumed DLA would have already contacted GP, especially given the amount of times the award has been issued.
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Just wondering whether it's worth getting further medical evidence together and asking for a MR to be moved to the Support group? I wonder as I'm getting the feeling all DWP care about is the outcome of your WCA, specifically the number of points you got allocated.
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Hello. I am currently getting income based JSA for about 1 year now. I stay with my mum, But all of a sudden my mum is saying i need to pay £27 towards to rent as the council will only pay £109. So why now do i need to pay. I have a brother who gets ESA, and my mum gets income support. What are causing the housing benefit deduction, My brother only started claiming ESA this year in march, And all of a sudden the housing benefit is cut. So could someone help me because i am getting the impression the cut is because of me but i have been getting jsa for around a year and my mum has been getting full housing benefit since untill now.
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We were sold a 25 year Standard Life Decreasing Term Life Assurance policy / Mortgage Protection Plan on our first property / mortgage in 1990. It was also a condition according to the company representative who we had the meeting with. We have moved twice since then and mortgage amounts increased (with same lender) but we continued to pay the same monthly premium. Should the original policy been amended / updated to coincide with increased borrowing / coverage ? Thank-you -
Not having watched the special where Ms Merritt was evicted along with her 11 year old daughter, it seems Havering Borough Council were not happy bunnies. In this bulletin from 26/10/2015 OFCOM dismissed a complaint from HBC. http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb291/ (click the link at the bottom) The report is at page 17 -
Hello, 9 I have recently failed my ESA medical after scoring less than the required amount of points needed. I have appealed the decision made by the DWP. I am in receipt of housing benefit at the moment as well. I have claimed ESA a few years ago for a different health condition and once again I failed the medical. At this time I was also in receipt of Housing Benefit and Child Tax Credit and Child Benefit for my daughter, who no longer receives these benefit's but still lives with me. When I appealed the ESA decision a few years ago, I was able to keep my HB claim ongoing as I still had an income from my daughter's CB and CTC. This time however, I don't have this as an income. I am currently meeting my day to day living needs from a small amount of money given to me each week by my other daughter. My concern is will I still receive HB whilst I'm appealing the decision made by the DWP this time around as I have no income of my own? Will Housing Benefit allow me to receive my weekly award if I have no income of my own? I know I will get the basic assessment rate of ESA whilst my appeal is being looked at but whilst I am waiting for my appeal to go through (which I hear takes around a fortnight) I will have no income so I am unsure as to whether I will be still awarded any HB. I hope this makes some sense and I thank you for any help or advice.
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please help, case for expenses due not disputed, case to make a claim not disputed, case dismissed as not done on correct form using information of journeys completed eg post code to post code and dates. all information on electronic diary, no paper copy of visits used by any employee, accurate mileage claim relied on access to diary at work which was refused. My estimated amount discussed for over one hour, gave calculation of how I had got amount, ex employer asked to produce figure for court of their estimation of amount. case dismissed due to not applying on the correct form or producing post code details proof journeys. how can employer get away with knowingly agreeing to accept expenses claim when there intension was not allow access to do so in the manor they want it. The judge I fell did not exercise discretion, the claim should have been allowed and the amount only decided, really would like to appeal, the person left after bullying and this is the only thing she got out of raising the mater with district manager. She now has to repay overpayment of wages that she had originally thought her expenses. the judge himself, did disclose the firm he works for does work with this company but she was happy to go ahead, but I cant help feeling all the talk about the amount mislead her into thinking she would get an award of expenses
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