NED News Adviceline: Summer 2019

I’m having problems with a builder I employed to build a kitchen extension to our house. The foundations are laid, and he’s knocked through the back wall – the back of our house is now a tarpaulin sheet. We paid an initial deposit upfront, and then two further amounts in cash for materials. He’s now asked for more money – but I’d like to see more work done first. We had a bit of a row, and he hasn’t turned up for the last two days. What should I do next?

There are various things you can do. The Citizens Advice consumer service (0345 04 05 06) is a good first port of call.

If you think your relationship with the builder can be salvaged and you’d like him to finish the work, you can try to sit down with him and agree – in writing – a schedule of works and payments you’re both happy with.

This written contract, if you don’t have one already, should cover exactly what you’re paying for and everything you’ve agreed on, like timings, payments, who will pay for materials and subcontractors. If you pay any future instalments by credit card rather than cash you’ll also benefit from extra protection from the card provider. It’s a good idea to take photos as the work progresses and keep copies of your communications and any receipts.

If you feel the situation with that trader can’t continue you can complain in writing to him or his company and ask for some money back. If you believe the work is substandard you can report problems to Trading Standards via the Citizens Advice consumer service. If he’s a member of a trade association they also might be able to help.

If that doesn’t work, look for an approved alternative dispute resolution (ADR) scheme – this is an independent third party who can help you to reach a compromise. The trader may already be a member of a scheme. If not, they should provide you with the name of a certified scheme and say if they are willing to use it.

My first council tax bill of the year has come through and I know I’m not going to be able to afford it with so many other important bills to pay, let alone food. What should I do?

Council tax arrears is a “priority debt”, which means you need to address it before paying off other non-priority loans like credit cards.

Once you’ve missed a council tax payment, you’re in “arrears” and so owe money to your council. You should receive a letter from your council – it’s important not to ignore this as after 14 days your council can take you to court and request you pay your entire year’s bill at once.

It’s important you speak to the council straight away if you don’t think you can pay. Ask to speak to someone in the council tax office and tell them about your situation.

You’ll probably be asked to commit to paying a regular amount each month. If you’re not sure how much you can afford, use the Citizen Advice budgeting tool or talk to one of our specialist advisers.

If you’re on a low income, you might be able to get a reduction on your council tax bill. You might also be able to qualify for your council’s Hardship Scheme. You can read more about getting help with your council tax on the Citizens Advice website.

If you fail to pay your council tax arrears you’ll have to pay court costs and possibly bailiff fees as well as your debt, which can add hundreds of pounds to your bill.

If you’re struggling with multiple debts you can contact your local Citizens Advice. You can find their contact details on the Citizens Advice website.

I recently joined a dating website. I was contacted by a lovely man and we started to exchange messages. We now email every day, although we haven’t met in person yet. We had arranged to go for a meal, but then he cancelled because he needs to concentrate on fundraising for his daughter – the medicines she needs aren’t available on the NHS.

He’s asked me to contribute, his daughter needs treatment urgently. He’s given me details of a bank account to pay into. I want to help, but I’m unsure because I’ve only known him a short time.

You’re right to be cautious. Unfortunately dating sites are increasingly being targeted by unscrupulous people. It can be difficult to accept that someone you’ve developed feelings for is trying to swindle you. But scammers can be highly skilled at using emotional triggers to persuade people to part with money, or with personal information that might make victims vulnerable to identity theft.

Your friend may be completely genuine, but try to find out if he’s really who he says he is. A reluctance to call you or Skype, or profile information such as educational achievements not matching the content of his messages, could be a red flag that this is a scam.

Other things to look out for include expressing strong emotions in a short period of time, moving the conversation away from the dating site and onto a private channel such as email or instant messaging and asking lots of personal questions – but giving away very little in return.

Trust your instincts and if in any doubt, don’t part with your money. For further help on identifying possible scams contact Derbyshire Scamwatch 01246 868838 or email: scamwatch@nedcab.org.uk

Derbyshire Scamwatch aims to raise awareness of scams that are blighting people’s lives as well as educating and informing people about scam prevention through presentations, talks, social media and our own Derbyshire Scamwatch website.

Derbyshire Scamwatch is determined to make a difference for people by providing up-to-date information on the latest scams and offering expert advice and tips to prevent people from being scammed in the future.

NED News Adviceline: Spring 2019

I’ve got three kids, and as usual, my finances were not in good shape ahead of Christmas. I’m on a low income so had to put some purchases on a credit card. I have been trying to pay it off but I’m already behind on other bills. I haven’t been able to pay my council tax and I have received payment reminders from my energy provider. What should I do?

First things first, work out how much you owe – make a list of who you need to pay each month and how much. If you don’t have your most recent statements, you can contact your creditors to find out.

Make sure you are getting all the income that you are entitled to. For example, you may be entitled to help with child care, housing costs or school meals.

Create a budget by adding up essential living costs, such as food and housing, and take these away from your income. Any money you have spare can be put towards your debts. Citizens Advice’s budgeting tool, found on its website, can help.

Your council tax, rent or mortgage, and energy are priority debts as there can be serious consequences if you don’t pay them. These must be paid first. Separate these and work out how much you owe.

As you’re already in arrears with your council tax, you must act quickly and contact your council to arrange an affordable payment plan. You can also contact your energy supplier to help you sort out a payment plan that works for you. They must help you do this and you can get help from your local Citizens Advice if they don’t. To cut your future bills you should make sure you’re on the best deal you can get. Use a price comparison tool to check.

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

I’ve had my Universal Credit payments reduced for missing an appointment. I don’t think this is fair as I had a good reason for not being able to attend. Now I am struggling to make ends meet. What should I do?

If you think the Department for Work and Pensions (DWP) has made a mistake in reducing your payments, you can ask for the decision to be reconsidered.

Contact the department as soon as possible setting out why you disagree with the decision. Make sure to include the date of the decision and your personal information, including your National Insurance number.

You can ask for this reconsideration in your Universal Credit online account, using a form on the government website, in writing or over the phone. Your local Citizens Advice can help you put together this information.

If the DWP does not change its decision you can appeal, although this could involve going to a tribunal and may take some time to be heard.

If you’re struggling to make ends meet, you can apply for extra help. Ask the DWP for a hardship payment. This is usually a loan and will be deducted from future Universal Credit payments. You can apply for this payment through the Universal Credit helpline, or by asking at your local Jobcentre Plus office.

You may also be able to apply for financial help from your local council. Speak to your local Citizens Advice to see what help is available to you.

I bought a pair of trainers from a private seller on an online marketplace. The advert said they were Asics but when they arrived the branding said Basics. They are clearly not what was advertised, are terrible quality and not fit for purpose. Do I have any rights? What can I do?

If you’re shopping online from an individual seller, the principle of “buyer beware” applies – which means you are purchasing subject to all defects, and the seller does not have to declare problems.

However, the seller must not misrepresent the goods, for example, by claiming they’re a certain popular brand when they are not.

Because your trainers are not as described in the advert, you may have grounds to ask for your money back.

First, try to fix the issue by contacting the seller to explain the problem, let them know your rights and that you would like your money back.

Should this get you nowhere, check to see if the online marketplace has its own protection and disputes resolution system.

Finally, if neither of these work for you, consider making a claim to the court, known as a small claim. There is guidance on how to do this on the Citizens Advice website at www.citizensadvice.org.uk.

Demystifying Universal Credit

This week further announcements were made about the Universal Credit. In this post we will look at what was announced and what it means for claimants.

Roll-Out of Universal Credit by Managed Migration

Managed Migration means the process by which the Department of Work and Pensions (DWP) plans to transfer people in receipt of the six existing benefits (which have been incorporated into Universal Credit), onto Universal Credit. The six benefits are: Income Support, Jobseekers Allowance, Employment and Support Allowance, Working Tax Credit, Child Tax Credit and, Housing Benefit. The DWP now calls these ‘legacy benefits’.

The DWP plans to begin Managed Migration in 2019. This will involve asking people already in receipt of legacy benefits to make a claim for Universal Credit. There has been a lot of comment about this roll-out being postponed but at present it is still going ahead as planned. The DWP are proposing to limit the managed migration to an initial number of 10,000 test cases before going back to Parliament for permission to begin fully migrating claimants onto Universal Credit.

Currently, if a claimant receiving legacy benefits has a change of circumstances (such as a new child or a separation) they may need to claim Universal Credit as new claims for legacy benefits are not being accepted except for a few limited exceptions. This process of claiming after a change of circumstances is known as Natural Migration. So for example if a claimant has their ESA stopped, they can no longer claim JSA and must claim Universal Credit.

Claimants in receipt of a Severe Disability Premium

A Severe Disability Premium is an extra payment added to a benefit claim for people in receipt of the daily living component of Personal Independence Payment or the care component of Disability Living Allowance. Universal Credit does not include Severe Disability Premiums so claimants who have had to claim have been losing out financially.

From today (16 January 2019), any claimant who is receiving, or entitled to, a Severe Disability Premium as part of their legacy benefit claim will not be able to claim Universal Credit and will not be affected by Natural Migration.

This change only affects claimants from today. People who have already transferred to Universal Credit and lost a Severe Disability Premium have been promised compensation by the DWP but this has not been passed in law so no further information is available.

Families with more than two children

Due to an error with the way the Universal Credit system was created, any family with more than two children has been unable to make a claim for Universal Credit. This has meant that families with three or more children have been able to continue making a claim for legacy benefits even if they have had a change of circumstances.

This loophole has now been resolved and from 1 February 2019 families of any size will have to claim Universal Credit if they make a new claim or have a change of circumstances.

However, Universal Credit payments will be limited to two children. There will be no extra payments for families with more than two children if the children were born after 6 April 2017.

This means that families with any number of children born before 6 April 2017 will receive Universal Credit payments for all of those children. No additional payment will be made for any children born after that date. For families with one or two children, their Universal Credit payment will be limited to two children regardless of how many more they have after 6 April 2017.

People of pension age with younger partners

In a long-expected move, the DWP has announced a date for changes which affect claimants where one partner in a couple is of pension age and the other is working age.

Currently if a person is of pension age but they have a partner of working age, the couple can make a claim for Pension Credit rather than Universal Credit. Pension Credit is usually preferable to Universal Credit.

The DWP has announced that from 15 May 2019 the rules will change. In cases where one person in a couple is under pension age the couple will be obliged to claim Universal Credit until the younger partner reaches pension age.

Further information

For more information or advice on how Universal Credit may affect you visit the Citizens Advice website or the gov.uk website. Alternatively for face to face advice visit your local Citizens Advice drop in session.

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.