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  1. The Employment and Support Allowance assessments' could be changing as of 2015 please read the attachment or follow this link HERE This is a 93 page report sorry about the long read folks
  2. New universal credit rules which could leave 200,000 claimants waiting six months for benefit http://www.rightsnet.org.uk/forums/viewthread/7878/ So much for making work pay, eh.....
  3. Hello A PDL company issued a claim against me on MCOL in early March. I acknowledged service, and admitted part of the claim,and put in a defence for the rest (the biggest part), within the time limit, and put in financial details to ask for time to pay. (I am on a DMP which the PDL wouldn't accept) I've tried to log back in today to see if anything is happening, but there is no longer a link to the claim, and if I put the Claim Number and password in the boxes, it just comes up with the message "claim number or password is incorrect" Is this normal at this stage of the process? Should I still be able to view my details? Are the PDL company expected to respond to my defence, or does it go straight for judgement? How do I find out the result? Does it come in the post? And normally what timescale? Thank you in advance WHT
  4. "Sitzpinkler" is a derogatory term used in Germany to describe men who sit to urinate The finding was made when a landlord claimed his tenant had ruined a marble floor by sprinkling it with urine. The disgruntled landlord tried to retain a €3,000 (£2,300) deposit for the damage allegedly caused by his guest's acidic spillage. Despite growing domestication of men in this matter, urinating while standing up is still widespread But Judge Stefan Hank today ruled that men who stand up to relieve themselves cannot be held to account for any collateral damage. The Judge conceded that men who chose not to sit "must expect occasional rows with housemates, especially women". However in Germany, the debate over whether men should stand in the toilet continues to rage. Some toilets in the country bear red traffic-style warnings signs – expressly forbidding the standing position. "Sitzpinkler" – is a derogatory term used for men who decide to rest their legs and urinate. The insult implies that sitting is not masculine behaviour. "Despite growing domestication of men in this matter, urinating while standing up is still widespread," said Judge Hank in Court in the city of Duesseldorf today. That's a shame, it would stop the moans if we all sat down, we could never get told off for leaving the seat up
  5. Hi, this is a bit unusual I think. I bought a Zafira for £3000 on finance from first response finance 2 years ago. I was also sold gap insurance and a service agreement. I have never missed a payment and I get statements from the finance company to show this. I have made approximately 47 payments of £153. I am disabled and was awarded the higher rate of Disability Living Allowance which I'm currently using to pay for the car. However, my disability is making this manual transmission car increasingly more difficult to use and I am thinking of applying for a Motability car with automatic transmission. If I were to Voluntarily Terminate my finance agreement and return the car will I be liable for any shortfall on the remaining balance and what the car fetches at auction? I paid a lot for the car from a dealer and it's value now would only be around £800 I imagine. I have paid well over half the contract at a large APR of around 30%. There will be at least £2000 left in payments to make as there is a year left on the agreement. Finally, the service record isn't up to date. I have had the car serviced but they were mobile and never stamped the book. Is the service record essential? The MOT expires end of May, does the car have to be in MOT for any length of time? Thanks for any help. Martin.
  6. Hello, This is a query regarding requesting a copy of the original signed credit card agreement using Civil Proceedure Rules 31.16 and not S77/78 CCA 1974. I have already attempted using S77/78 CCA 1974, to be supplied with a copy an agreement which breaches S61(1)abc, S61A and S127(3) CCA 1974 as it contains no date of inception, no signatures of both parties, no prescribed terms at the time of inception, details of of a 3rd party (i.e. another customer) and an address I wasn't living at, at the time the agreement was supposedly taken out (i.e. Feb: 1982 according to hsbc). HSBC claim it is a proper re-constituted agreement, which it isn't as under those rules (and the ruling by Judge David Waksman in 2009) it has to contain the name and address of the borrower at the time the agreement was taken out. I am currently awaiting a decision from the Ombudsman, if that decision is unfavourable to me can I re-request a signed copy of the agreement under the Civil Proceedure Rules 31.16, thank you. Regards, shortbodkin
  7. Hi everyone I just wanted a quick bit of advice. Blemain Finance issued a claim in 2012 and when the matter went to court and the judge was appalled that they were trying to gain possession of a property for such a small amount (1700) and refused to grant them possession. Instead the judge asked that I file a fully pleaded defence on or and that the claimant file and serve their reply. I filed the defence and in March 2013 I received a letter from the claimant's solicitors saying that they have been instructed to vacate the court proceedings. I called the court to find out why and they said because an agreement had been reached. No agreement between us has ever been reached. I have had a solicitor look over the loan agreement and she said that according to the terms therein, that I should pay £399.00 which I offered to them and they refused. I also received a letter from the court saying: "I can confirm that the court received a letter from the claimant requesting that they wish to withdraw all proceedings. This means that the case is now closed. Please note that you will have to seek legal advice if you are going to issue proceedings against the claimant". I received a further claim form for possession of property from Blemain Finance and I have to attend court soon. I now have to respond to this claim and wanted to know whether I could use the fact that they previously withdrew their case as part of my defence. I know from a previous post that Civil Procedure Rules 38.7 might come into effect. Could I possibly use this rule to help me in my defence also? I would really appreciate any advice you could give me.
  8. The FCA has announced new rules that affect loan brokers, mainly the payday loan market. Further details can be found HERE and HERE Wonder how many will comply??
  9. Have there been any recent changes in what cca request we send ie Credit card cca and loan cca? Mr W
  10. Payday loan charges cap announced by FCA http://www.bbc.co.uk/news/business-30000472
  11. From 1 October, changes to the intestacy rules will mean spouses and civil partners will receive more if their partner dies without a will. The rules changes won't affect people who die with less than £250,000 in assets. The rules of intestacy set out who is entitled to inherit if a person dies without leaving a valid will. The main changes are: if a spouse or civil partner dies intestate and there are no surviving children, the remaining partner will inherit the whole estate if a spouse or civil partner dies intestate and there are surviving children, the remaining partner will inherit £250,000, all the personal property and half of the rest of the estate. The children then get the remaining half share on trust until they reach the age of 18. More about the intestacy rules http://www.adviceguide.org.uk/england/news/whats_new_sep14_inheritance__how_changes_to_the_intestacy_rules_may_affect_you.htm Inheritance law changes come into force http://www.bbc.co.uk/news/uk-29436533 Help yourself and charity each November Having your Will written professionally can give you great peace of mind. In November, you can use a local solicitor who has signed up to Will Aid and you can enjoy the added feel-good factor of supporting nine leading UK charities. Instead of paying your solicitor’s fee, you will be invited to make a donation to charity. The suggested voluntary donation is £95 for a basic Will or £150 for a pair of basic mirror Wills. The next campaign will be in November 2014 http://www.willaid.org.uk/will-makers
  12. I was surfing the MPS site today and came across this. http://content.met.police.uk/Article/Interim-Standard-Operating-Procedures-Police-and-Bailiffs/1400023687221/1400023687221 See page one bottom right hand corner named "related publications". This is a very interesting read for those of us that want more information on the MPS ANPR stops with a CEO in attendance. Its a long document happy reading. For ease I have attached a copy as a PDF sorry if it has already been posted before
  13. What is the criteria for climing SMI as in what or where can I find the rules/regulations on a claim? Person has been on IB soon to be ESA for a number of years, 2008 I think. At the time of making a claim they were not able to claim for help with the mortgage because for whatever reason they were barred/didn't meet the criteria/ disallowed. They've met their mortgage payments for the past 4 years with no help from the DWP and it's been a tough hit every month. Have the rules change or are they still in place and much the same as what they were almost 5 years ago? Where can the reaons for disallowing a claim for SMI be found?
  14. Hi, If I have a repayment mortgage will the full monthly mortgage repayments be allowed under the old rules or is it only the interest payments that are allowed? Thanks for your help. Regards, John
  15. https://uk.news.yahoo.com/clampers-facing-full-regulation-115058608.html#Dw3mr1D A pet hate of motorists is to be fully regulated with all clampers forced to abide by a cap on fines and penalties. Under new rules operators targeting private car parks and property will be forced for the first time to follow the same restrictions and guidelines as companies policing public roads. Among the fees for illegal parking will be a maximum 100 euro charge for releasing a clamp and a 50 euro charge for releasing a car that has been towed away. But there is also a provision for clampers to be fined if they are in breach of regulations. Transport Minister Leo Varadkar said the new regime was designed to weed out bogus clampers. "This new Bill protects motorists and legitimate clamping operators, but will penalise bad behaviour by rogue operators. There will also be a simple appeals mechanism for all types of clamping for the first time," he said. "There have been a number of cases where private clampers are reported to have behaved unfairly or inappropriately, so we are now regulating the entire clamping industry for the first time. "I don't favour an outright ban on clamping on private property, as business owners and apartment complex management companies need to be able to deal with nuisance parking. However, the practice must be regulated." Up until now the clamping of vehicles on private property has not been restricted by any laws. The Vehicle Clamping Bill 2014 will create an appeals process and a regulator will be appointed under the auspices of the National Transport Authority (NTA) to bring overall consistency to parking enforcement. Further rules to be determined by the NTA include the time period that must elapse a vehicle can be clamped or towed away and the length of time a motorist will have to wait to be released after a fine has been paid. The new code of practice will require prominently positioned, clearly marked warning signs - including the penalties and fees - on every site where clampers police parking. Appeals will be dealt with on a two-tier system - first by going to the landowner, council or parking enforcement company to challenge a clamp, and secondly, if the complaint is not satisfactorily resolved, by going to an independent clamping appeals officer designated by the NTA. Further rules to be determined by the NTA include the time period that must elapse before a vehicle can be clamped or towed away and the length of time a motorist will have to be released after a fine has been paid.
  16. Can anyone clarify the transitional rules for bailiffs? I had a debt that was passed on as a result of a liability order made before the 6th April, with a first letter sent after the 6th April. The bailiffs are - obviously - trying to claim under the new charges. Most sites seem to say 'Transitional rules apply' but I can't find a description of those rules. Looking at the legislation: The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014, Article 4 it looks to me as if paras 3 and 4 apply, therefore the old scale of fees applies. But there's no mention of when/if the new enforcement stage fees apply. Does anyone know?
  17. Hi My wife and I had a joint HSBC bank account together up to 17th March. We are separating and wanted to have our own separate bank accounts, HSBC seemed the easiest route to take. I initially went in to see them on a Monday and asked to open a new account, this was done. They also froze the joint account (with about £400 in there) until we could go in together to see them. Here's what I don't understand and where I think that HSBC staff basically lied to us, but I don't know the rules. The clerk who was dealing with the accounts said that because we'd come in and told them that we were separating it would be illegal for them (not HSBC rules but FSA rules) to keep the joint account open. The problem that this caused was the Direct Debits I then had to transfer from the old joint account to my new (and empty of cash) account were returned. All of a sudden I get three letters more or less within a day of each other from HSBC that they are closing my new account because of 3 returned DDs. Did HSBC lie to us that they MUST close a joint account when they've been informed that the couple are separating? To say I'm furious at how they've treated me when I've been a decent customer (paying for their Premier account when it was a joint account) for the last 7 years or so.
  18. B-I-L had an accident two days ago from what ive heard he came through a junction on green at which point another car came through the other side on red and hit him at about 40mph, he ended up in A+E with no serious injuries in the end (had to be x-rayed etc) but large amounts of brusing and side pains at the scene the woman said in front of witnesses "sorry i was on my phone and didnt see the lights" this was infront of BIL + His brother + people from the car behind fast forward to yesterday and shes told her insurance company that it wasnt her fault, BIL says that if the witness replies that she said that they will push for 100% liability if not it will end up at 50/50 now hes worried that the witness (who was very friendly at the time) might not reply now here comes the cheeky part, the woman lives in portsmouth, i had her name, i set up a fake facebook profile, with profile pictures as "pets", roughly same age, and same school history. found the woman on facebook - confirmed it through her pictures which had the car in question (bmw 5 series) ive managed to get onto her friends list by saying i vagely remembered her from school, and asked about the car accident if shes ok etc, if she actually admits the being on the phone again how useful is this, as its a fake account theres no issue giving the insurer the login to read the message themselves or a print off any ideas?
  19. Whether they know it or not, more than 700,000 households in England and Wales are at risk of losing their homes over debts as small as £1,000. New rules come into effect today governing the way that creditors can force the sale of property in order to repay outstanding sums on payday loans, credit cards and other forms of consumer debt. The new regulations – the Charging Orders (Order for Sale: Financial Thresholds) Regulations 2013 – could prove controversial for two reasons. First, they represent an about-turn by the Government, which had indicated in the Coalition Agreement in 2010 that a threshold of £25,000 would be set rather than the £1,000 limit that takes effect today. Second, the numbers of people with charging orders on their property who could then go on to lose their homes could surge as house prices rise. Once a charging order exists on a property, the owners are only a step away from losing their home as their creditors can ask a court to force a sale in order to satisfy the debt. Just over 400 sales orders were made in 2011, the last year for which there are statistics. Rising house prices mean that there is more equity in homes and that creditors are likely to get their debts paid from that equity if they force the sale of a home. House prices appear to be moving upwards after five years of stagnation. StepChange, a free debt advice charity, is perturbed by the move to set a £1,000 threshold. Peter Tutton, head of policy, says: "The Government have reneged on their promise. We think there isn't sufficient justification." He believes that there will be more charging orders given in future, up from the 81,000 made in 2011 or the 93,000 in 2010. "I'd be surprised if we don't see more charging orders because it's easy for creditors to get them," he adds. http://www.independent.co.uk/money/loans-credit/1000-debt-could-force-you-to-sell-your-home-8562606.html
  20. Hi there, I am wondering what i can do in this situation... I claim Joint JSA for me and my partner and we have 2 children under 5, I have recently come off a sanction where the JCP stopped all the money from the claim, from what i have just read they cant do that... is that true? My partner does not sign as shes a full time parent. I am probably going to be on another sanction pretty soon as i had a "heated discussion" with my Steps to Work advisor today. My partner was wondering if we could reverse the roles so to speak as she wants to work so she wants to sign and i look after the children. Would this be possible at all? Thank you in advance. Scott
  21. Hi, How do you go about getting help with your Council Tax (I work but earn very little)? My friend is on JobSeekers and automatically got help with his council tax, but I cannot go on JobSeekers as I am not looking for work. Can I go direct to the council? I know from reading other posts that different councils are different, but as I say, my friend also in Northampton gets his Council Tax paid so I know they do 'help' people. They say on their website they cap the benefit at 91.5% for people with less than 16,000 in savings. It makes no 'easy' reference for people on low incomes? There is a PDF which gives concise details about the whole scheme and Ive tried reading through it but got absolutely lost and confused. northampton.gov.uk/downloads/file/5844/northampton_borough_council_council_tax_reduction_scheme If somebody who is more experienced with reading this jargon could help Id be most appreciative. 1. Can I get help? 2. How Much would I get with £4000 savings? 2. How Much would I get with £9000 savings? (reason I ask is I have about 9000 but looking too buy a reasonable car in the new year). Cheers, R
  22. Hi Group Earlier this year in January while claiming JSA my Mortgage Interest help ran out as I had claimed MI help for the maximum 2 years. I then returned to work in February but unfortunately became unemployed again in September and started claiming JSA again. Will the 52 week linking rule mean that I am not entitled to MI help. As the new claim will be "linked" to my old claim which I had already received the maximum 2 years of MI help? Thank you for your replies in advance iain
  23. Hi, Does anybody know how long it has been since the deprivation rules came into being both for means tested DWP benefits and Local Authorities? I am concerned more with the deprivation of capital as opposed to income. I have opened a 'can of worms' with the DWP over something that I did way back in 1978. I am just trying to establish if the DWP have a case and if so on what basis.
  24. After long reading and a long conversation with an adviser at DVLA I come to the conclusion that part of the current legislation is in evident violation of EU laws. Let me explain. If you drive a vehicle with foreign registration plate in UK for more than 6 months you are required to obtain a UK plate and re register the car, only exception students and professionals in UK on a temp basis. Now, if I lease a car from BMW through their German leasing company the car will come with a German registration, being a leasing ownership stays with the German company, insurance and road tax are paid by the German company. Being the keeper, under the leasing contract and not the owner, I am not entitled to apply for a change of registration. Based on what DVLA said in writing to me today, if stopped by the police the vehicle could be impounded if they believe it has been in UK for more than six months and more important local authority will not issue me with a resident parking permit. I believe this is in violation of several EU laws regarding the freedom of provision of services and local authority and/or DVLA shall be sued for that thoughts?
  25. Hi guys, new to the forum. I'm looking for some information regarding the retraction of witness statements in a civil case. I'm due in court next week to defend a claim over a business dispute. I have been informed via a third party, that one of the claimants witnesses is considering retraction their statement as it was 'mostly compiled by the claimant and they are no longer comfortable with it's contents.' The pre trial hearing has already been completed along with court bundles containing the statement. I have been asked by the third party if there is a way out for the witness Not to sure if i'ved posted this in the rigth section. Regards Chelsea Blue
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