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.

NED News Adviceline: Winter 2017

I’ve just started a new job and am being offered auto-enrolment for the first time. Do I have to join the scheme? I’m worried about meeting my living costs if I do.

Even if retirement is a long way off, or you’ve got immediate costs you need to cover it’s still worth starting a pension.

They are a great way to save for the future and can offer you financial security once you’ve stopped working. They’re also good value for money as your contribution gets topped up by both your employer and the government.

If you’re worried that auto-enrolment will make it harder for you to keep up with your living costs ask your employer how much your monthly contribution will be. Then add up the cost of your monthly expenses and take this away from your income, which should include your pension’s deduction.

It’s also worth seeing if you’re able to start receiving tax credits or a benefit such as Universal Credit to help with your living costs.

You will be automatically signed up to auto-enrolment so if you want to opt out you’ll need to tell your employer. Make sure you do this within one month to get a refund on the contribution you’ve made.

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

I’m planning a long holiday and have been struggling to find travel insurance for a reasonable price. I’ve found a good deal from a Facebook advert but my friend thinks it might be a scam. How can I be sure if it’s legitimate?

Your friend is right to raise the possibility that it might be a scam and you should do some research on the company before making a purchase.

Insurance is a financial product and the seller must be registered with the Financial Conduct Authority (FCA). Check they’re listed on the financial watchdog’s register which can be viewed on its website.

If they’re not named, take your business to a different provider as the seller will not be legitimate. If they are listed, it’s still worth doing further checks on them.

A good starting point is comparing the price of the insurance deal with similar offers from competitors. Big discounts are often a tell-tale sign of a scam, but it could also be that the policy is cheap because it doesn’t provide adequate cover.

Ask for a copy of the full policy so you can check it against where you’re going and what you’re doing. If the seller won’t provide one, or says they will only give it to you it after you’ve paid, don’t give them your business.

Once you know the seller is legitimate use a secure payment method, such as a money transfer service like PayPal, to pay for the insurance. Don’t pay with a bank transfer, and don’t go ahead with the deal if they ask you to.

For further advice contact the consumer service or get in touch with your nearest Citizens Advice.

I am about to apply for Universal Credit for the first time, but have been told that there is a six week wait before the first payment. I’m worried that I won’t be able to pay my bills. Is this right, and is there anything I can do?

After applying for Universal Credit, there’s usually a five or six week wait before your first payment, which is explained during the application process.

Although you can’t be paid faster, there are things you can do to help tide you over.

As part of the claim process, you’ll usually attend an interview at the Jobcentre Plus.

At the interview ask if you can apply for an “advance payment” – this is a loan that will be deducted from your future benefits.

You’ll need to show how much money you need for essential bills like food and housing, and explain why the loan will protect you from serious financial difficulty – like being unable to pay your rent.

Alternatively, you can apply for an advance payment through the Universal Credit helpline on 0345 600 0723.

It’s best to apply as early as possible in your claim, as you may be turned down otherwise.

If you are refused an advance payment, you can ask the Jobcentre Plus for a reconsideration. Emergency assistance may be available if you are still turned down – Jobcentre Plus or Citizens Advice can inform of you of your next steps.

For help with your application or more information on managing your money, contact Citizens Advice.

NED News Adviceline: Spring 2017

I’ve ordered a vase online but it’s arrived broken. Is there anything I can do to get my money back?

It may seem logical to complain to the delivery company but it’s actually the responsibility of the retailer to ensure the item arrives in good condition.

Call or email their customer service department and explain the situation – you’ll find their contact details on the website or on your order form. You may be asked to email photos of the broken vase to prove it’s damaged.

You will then be offered either a refund or a replacement. It’s up to you which one you accept, but if you want a replacement ask for an estimated delivery date so you know when it will arrive.

Some retailers ask you to return items that arrive damaged. If that’s the case, you need to repackage the vase and stick the returns label provided on the front of the parcel. Include the returns form, specifying your reason for sending it back.

Depending on the retailer, you will either need to post the item through Royal Mail or they may offer to have it collected. You shouldn’t have to pay any postage costs.

If you asked for a refund you can expect to be reimbursed within 14 days of the retailer agreeing you’re entitled to one.

I bought a microwave two months ago but it’s broken already and won’t switch on. I went back to the retailer and they said they could have a go at repairing it, but I may have to pay a fee. Should I have to pay to get it fixed?

If your microwave is broken and it’s not your fault you shouldn’t have to pay the retailer to repair it.

Because you bought your microwave less than six months ago – you have the right to return it and get a free repair, a replacement or a refund. This applies whether you bought the item online or from a shop.

Check your retailer’s returns policy to see how you should return it – some will collect it for free, while others ask you to return it through a delivery service or to a store. You’ll need to show proof of purchase, such as a receipt or email confirmation, and explain the problem.

They should then offer to either replace or repair your microwave free of charge, if it’s repairable. If both options are possible, the retailer should consider which will be the quickest and most convenient for you when making a decision.

If your microwave is sent away for repair but still doesn’t work, you will be entitled to a full refund instead. You can also ask for a refund if your microwave is replaced with a different model.

I’m worried by how much money I spend on gas. My home is draughty and I turn the heating on even in summer. How can I cut my bills?

The good news is that there are a few different ways you can use less energy, and also pay less for what you use.

Start by finding out if you can get a lower price for your gas. Find a copy of your latest bill so you can see how much you’re paying per unit. Then use Citizens Advice’s online energy price comparison tool at https://energycompare.citizensadvice.org.uk/ to check if a different supplier is offering a cheaper deal.

If you do find a better offer, call or email the new supplier and ask to move to the tariff you’ve identified. They’ll inform your old supplier and switch you over to their supply. This normally takes 17 days.

You should also look into improving your insulation, such as getting draught excluders or cavity wall insulation. Energy Champions at Citizens Advice can help explain what could work best for your home and the potential costs involved.

Depending on your circumstances, you may be eligible for financial assistance to help you meet the cost of your bills, as well as any improvement works to your home.

NED News Adviceline: Winter 2016

I have a problem with rising damp in my flat, but I’m worried that if I complain my landlord will evict me. What should I do?

Until recently, landlords could evict tenants without a reason. However, a new law passed last year means it’s now illegal to evict tenants for reporting a problem with the property.

Start by checking your contract for when your tenancy began. If it was on or after 1 October 2015, you are protected from eviction provided you report the problem using the right procedure.

First, write your landlord an email or letter explaining the problem. If they don’t respond within 14 days or respond with an eviction notice, contact the council who will inspect the property.

If the Council confirms with the landlord that there is a health and safety problem, any ‘no fault’ eviction notice is invalid and you won’t need to leave the property. The council will also advise the landlord on next steps, which could include being legally required to fix the problem.

If your tenancy began before October 2015 it’s not illegal for your landlord to evict you but it’s still unusual to do so.

Again, you should start by raising the problem in writing. If your landlord doesn’t offer to repair the damp, or serves you with an eviction notice, contact your local Citizens Advice straight away who will advise you on your next step.

I’ve just come back from a package holiday where our hotel was miles away from where we booked. We couldn’t contact anyone to change hotels, and had to pay to travel back and forwards to the destination we’d booked. Can I claim compensation?

It’s reasonable to ask for compensation when you haven’t got the holiday you paid for.

Your accommodation should be as agreed. If not, it’s usually considered a breach of contract.

You can’t claim the total cost of the holiday, but you can ask to be reimbursed for the extra travel costs, plus a fair sum for the change to your holiday.

Start by writing an email or letter to the tour operator’s customer services department. Give your booking reference number, explain your grievance and specify the amount of compensation you’d like.

As evidence for your claim, include the details of when you tried to contact your tour operator while you were away, and copies of any taxi or car hire receipts.

The firm may come back with an initial offer that is lower than what you are asking for, so be prepared to negotiate.

If you’re not offered any compensation, check your tour operator’s website to see if they belong to a UK trade body, like ABTA. If they do, you can lodge a new complaint through the trade body’s website. The tour operator is obliged to respond to the complaint.

Should you still not receive a satisfactory response, contact the Citizens Advice consumer service or visit www.citizensadvice.org.uk for guidance on your next steps.

I’ve applied for a job at an accountancy firm, but they’ve emailed to say that I would need to take a three month training course which costs £4,000 first. I’m keen on the job, but should I pay for the training?

Some employers do ask you to pay for training, but will normally take the cost from your wages rather than asking you to pay in advance.

Asking for up-front payments is one of the classic signs of a scam, so it’s important you do some research on the firm before parting with any cash.

Start by checking if they have a website. If there isn’t a website, they are unlikely to be legitimate. Pay close attention to their email address too – look to see if they are using a personal email account such as Gmail or Hotmail, rather than one that’s branded.

Next, check how they describe their company – if they are an Ltd or Plc they should be listed on the companies house website. If you can’t find them there, they probably aren’t real.

You can also look the firm up on the internet to see what people are writing about it. People who suspect a scam or have been scammed, will often post on forums or social media. Genuine companies will usually have client reviews outside of just their own website.

If you spot something that doesn’t sit right and you want a second opinion, contact the Citizens Advice consumer service. If you think it might be a scam report it to Action Fraud.