A week in the life of Citizens Advice North East Derbyshire

At Citizens Advice North East Derbyshire our clients are at the centre of everything we do. They are the reason we exist. We recently spent a week highlighting our work on Twitter using the #CABlive hashtag. We have compiled a report from those tweets which can be viewed here. The report shows the huge breadth of work carried out by our paid and volunteer advisers but it is by no means unusual; every week we help the people of North East Derbyshire and Bolsover Districts with whatever issues they come to us with.

It is worth noting that the work we are able to do is heavily reliant on our volunteers, who give up their time to give back to their community. Between them our volunteers have over 70 years’ worth of experience. Without them we would not be able to do the work we do.

Through the tireless work of our advisers we have so far this year helped our clients to obtain more than £1.5 million and have dealt with almost £5 million worth of debt. We make a massive difference to the lives of our clients.

As well as assisting our clients to resolve the issues which they come to us with, we also campaign for long term change. We are ideally placed to monitor issues which are causing detriment to our clients and the wider population of North East Derbyshire and Bolsover. The roll out of Universal Credit (UC) began to take effect this year and, in addition to helping clients with their claims, we have been closely monitoring the problems with the benefit. We have raised our concerns with our local MPs and with National Citizens Advice who, last year, successfully campaigned to reduce the initial waiting period for payment of UC and who continue to lobby for improvements to the benefit.

In all of our work, our priority is to improve the lives of our clients and the residents of North East Derbyshire and Bolsover.

NED News Adviceline: Winter 2018

I’ve seen a new property advertised which I’d like to rent and am thinking about putting a holding deposit down. However, the rent is really cheap – should I be worried it’s a scam?

You’re right to be cautious if the rent is a lot cheaper than the market rate. Don’t be hurried into paying a deposit before you view the property and look at your tenancy agreement.

Viewing the property is important – not least so that you can see if it’s as advertised. If the landlord refuses, or is evasive, take this as a possible warning sign they are not legitimate. Even if you have seen the property, it’s still important to check your tenancy agreement carefully.

You should expect your tenancy agreement to give the name and address of the landlord, along with their contact details. Ask for this information to be added if it’s not already included.

If no contract is provided, or information on your landlord is missing, this is another red flag that the letting could be a scam.

Finally, it’s a good idea to see if the landlord is a member of a professional landlord association or is accredited by the local council. Membership isn’t compulsory, but it will mean they are legitimate and will operate to a minimum standard.

Trust your instincts and if in any doubt, don’t part with your money. For further help on identifying possible scams contact your local Citizens Advice, or call the Citizens Advice consumer service on 03454 04 05 06.

A family has moved in to the house next door and is being a nuisance, yelling late at night over a loud television and leaving bin bags strewn over the front of the house. I don’t want to antagonise them in case they become threatening. What can I do?

It’s best to try to resolve problems by speaking with your neighbour, if it’s safe to do so. Explain the effect their behaviour is having and ask them to stop. If the problem continues, keep a record of incidents, which will come in handy if you decide to take the matter further.

A mediator may help you and your neighbour find a solution. If you’re a council or housing association tenant, they may have their own mediator you can use. If not, you’ll need to find one yourself and pay a fee.

Ask your neighbour’s landlord to speak to them on your behalf. If your neighbour lives in social housing, their landlord should have a policy for dealing with antisocial behaviour.

If the landlord can’t help, or you don’t know who it is, your council might be able to. Visit its website for information on the types of complaint it deals with.

If you’ve tried everything but the problem persists, ask for a Community Trigger. The council might work with the police and others to create an action plan. As a last resort, you can go to an ombudsman if you’re unhappy with how your council or social landlord has handled it.

If your neighbour becomes threatening or violent, you should tell the police.

I recently become a carer for my partner who I live with and I can no longer work. We’ve started falling behind on our bills and I’m worried our debts are only going to get worse. I’m on Carer’s Allowance but what else can I do to turn things around?

A change in circumstances can often trigger financial problems. It’s good to see you taking action now as this will stop you from sliding into further debt.

See if you can make any savings on your household bills by switching suppliers, or changing deals. You may be able to get a reduction on your council tax bill – speak to your local authority directly.

Try to boost your income too. You may be able to apply for benefits jointly with your partner to be paid alongside Carers Allowance. This could be Income Support, income-related Employment Support Allowance or Universal Credit, depending on where you live.

You should contact your creditors and ask if you can reduce your repayments until you’re back in work. They can also freeze any interest and charges so your debts don’t go up while you pay less. Check to see if you have payment protection insurance to cover giving up work to become a carer as well.

If you’re still struggling to cover your outgoings, it’s important to prioritise paying your household bills like your council tax and rent or mortgage.

For further help working out your budget, negotiating with creditors or checking which benefits you’re entitled to, contact your nearest Citizens Advice.

NED News Adviceline: Summer 2018

I have a long-term health condition but I recently had my Personal Independence Payment (PIP) reduced after a re-assessment. I want to challenge the decision – where do I start?

There are two stages to challenging your PIP assessment decision. The first stage is known as mandatory reconsideration and involves asking the Department for Work and Pensions (DWP) to take a second look at your assessment decision.

Normally, you’ll need to contact the DWP within a month of your assessment decision being made, and it’s best to do so in writing. Under some circumstances, you can ask for mandatory reconsideration up to 13 months from your assessment decision date.

Your letter should list all the reasons why you don’t think your PIP award should be reduced. Make sure you provide evidence to back up each point you make, such as practical examples, medical records and supporting letters from specialists who are treating you. If you don’t have the required evidence available, you can submit it separately at a later date.

Once the DWP has looked again at your assessment decision, you’ll receive a Mandatory Reconsideration Notice which says if your request has been successful or not. If it is, your original award will be reinstated and your payment backdated.

If you’re unsuccessful, you could choose to progress to the second challenge stage. This is where you appeal your assessment decision by taking your case to tribunal. For help filling in the tribunal form and preparing for your hearing, contact your nearest Citizens Advice or visit the website.

I am over 25 and entitled to the National Living Wage, but I suspect I am being underpaid. How can I find out if I’m being paid the right amount, and claim what I am owed from my employer?

If you think you’ve been underpaid, you should act quickly, as it’s harder to get your money back three months after the problem arose.

Check your payslip to see if there’s been some mistake. You will be able to see the number of hours you’ve worked, the rate you’ve been paid at and if there have been any deductions.

Ask your employer to explain anything you don’t understand on your payslip, and tell them why you think you have been underpaid. If there was a genuine mistake, ask your employer to pay you straight away. You shouldn’t have to wait until the next payday.

If your employer refuses to pay back your wages you can formally raise a grievance, either by writing a letter to your employer or following your company’s grievance procedure. Explain that you haven’t been paid enough and you want them to pay the difference.

If this still doesn’t work, you can take your employer to a tribunal. Contact the Advisory, Conciliation and Arbitration Service (ACAS), who will see if your employer will agree to a conciliation process, rather than go to court. Otherwise you can take your employer to a tribunal. Think carefully before starting a tribunal claim as it can be expensive and stressful.

If you need any advice or guidance through this process, contact your nearest Citizens Advice.

I do not think the company that sold me a doorstep loan carried out proper affordability checks and now I cannot afford to pay it back. Can I get a refund?

The Financial Conduct Authority – which regulates the doorstep loan market – says a loan is unaffordable if you cannot make repayments without borrowing again.

Lenders must check your finances and situation – including future income and spending – to make sure you can pay back the loan.

You might feel your agreement was unaffordable if you were given a loan that was more than you could manage to repay and it caused you problems.

If you think you are owed a refund, first complain to your lender. List the ways you think their affordability checks were not properly done, the problems this has caused, and what you would like to happen.

The lender must acknowledge your complaint promptly and has eight weeks to respond formally or resolve your problem.

If you are not happy with their response, or they don’t respond at all, you can complain to the Financial Ombudsman Service using a form on its website.

Should the lender agree with your complaint, they may agree to write off the balance left on the loan or refund some of the interest you have paid.

If they don’t, and you have to take your complaint further, the Ombudsman can force the lender to write off the interest or even the remainder of the loan, and possibly order them to pay a small amount of compensation for your distress if they uphold the complaint.

The Ombudsman’s decision is binding on your lender.

NED News Adviceline: Spring 2018

My gym will only allow me to cancel my membership in person. This is written in the contract but I’ve since moved away from the area. What can I do?

To end your gym membership you will need to follow the terms of the contract. However, it’s also possible to challenge any terms which cause unnecessary hassle or are designed to keep you tied into the contract.

For this reason, you could try to challenge the term which states you need to end the contract in person.

Start by writing a letter or email explaining you want to end your membership and why you can’t do so in person. If writing a letter, it’s best to use signed for delivery so you have proof that the letter arrived.

If the gym won’t accept your written cancellation ask if they’ve got a complaints procedure in place which you can follow. If not, then send another letter giving them a final chance to end the contract.

If they still won’t agree to cancel your contract get in touch with an alternative dispute resolution (ADR) scheme – an independent complaints body which settles disputes. The gym may belong to one already, or should provide details of an approved scheme and say whether they’d be prepared to work with it.

I’ve just been hired by a cafe as a temp. My boss says that because I’m a temp, I’m not allowed to take any holiday. Is this right?

Your boss is wrong. As an employee, you’re entitled to take paid holiday regardless of the contract you’re on.

While they can refuse to give you leave at specific times, they can’t refuse you holiday pay altogether. If you can’t take time off during your contract you should receive your holiday pay in a lump sum at the end.

How much holiday you’re allowed depends on the length of your contract, and how many hours you work.

First, check how many hours you’re entitled to by using gov.uk’s calculator. Save a copy of the calculation to refer to.

Then speak with your boss and explain that you are entitled to either annual leave or pay in lieu of your holiday – you can refer to your employment rights on the Citizens Advice website. Give them a copy of your holiday calculation too.

If your boss refuses to give you time off or holiday pay, put your complaint in writing to them.

Should your boss still not give way, get in touch with ACAS, the free dispute resolution service that specialises in employment.

For further help understanding your options, contact your nearest Citizens Advice.