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2006 Articles - |
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2005 Articles - |
Advice Column 2005 |
December 2004 - |
Managing on a Tight Budget at Christmas |
November 2004 - |
Endowment Mortgages |
October 2004 - |
Unsuitable Accommodation |
September 2004 - |
Debts |
August 2004 - |
Budget Airlines: cheap but not always cheerful! |
July 2004 - |
Grandparents Rights |
June 2004 - |
Rights for Unmarried Fathers |
April 2004 - |
Unhappy with the way your Health Problems are being dealt with? |
| Flexible Working Arrangements | |
February 2004 - |
Noisy Neighbours? |
| So that was Christmas? | |
2003 Articles - |
Advice Column 2003 |
I’m starting to think about Christmas but I’m already worried about how much it’s going to cost me. I’m on a tight budget and I don’t want my kids to miss out. Can you help?
Plan ahead, work out how much you can realistically afford – and stick to it. The worst way to do your Christmas shopping is at the last minute, in a panic, with a handbag full of credit cards.
If you do run into debt problems, don’t ignore them and hope they will go away – they won’t. Go to www.adviceguide.org.uk for advice on how to tackle debt, or contact us for free, confidential, independent money advice.
I have received a letter from my mortgage provider saying that the deadline is approaching for me to make a complaint and request compensation about an endowment mortgage that I took out which may not pay off my mortgage. I’m not very good at financial issues and I’m not sure what to do.
Many people who received letters warning them that their policies may not pay off their mortgages are now approaching the deadline within which they must make any complaint and request for compensation.
Endowment mortgages consist of two parts: a loan from a lender and an endowment policy taken out with an insurance company. The endowment policy premiums are paid monthly to the insurance company and at the end of the period of the mortgage, the policy matures and is supposed to produce a lump sum which pays off the loan to the lender. However, the endowment policy may not always cover the full repayment of the lender’s loan. In this case, insurance companies may suggest increasing the premium payable on the policy.
Companies selling endowment policies are required to explain that the borrower’s money will be invested in the stock market and explain the risks involved. They should also make it clear that the most endowment policies do not guarantee to repay the mortgage loan.
In addition, you should have been told that an endowment is long-term commitment which usually gives a poor return if cashed in early, and your lender should have made sure that an endowment was suitable to your needs and circumstances. You should also have received clear information about any fees and charges.
If you feel you weren’t warned about the dangers that your endowment policy might not pay off your mortgage, you can complain to your lender. You may need to substantiate your claims, so make sure you dig out any paperwork relating to your policy. You should do this within the deadline specified by your lender – these vary depending on the company involved.
If the firm does not put matters right to your satisfaction, you can take your complaint to the ombudsman.
If you have been told that your endowment policy may not cover the whole of the loan at the end of the term, it is essential that you consult an independent financial adviser before making any decisions about how to proceed. The Society of Financial Advisers can provide you with a list of independent financial advisers on request.
Tel: 020 7417 4442 or www.sofa.org.uk.
For more information about endowment mortgages, contact the Financial Services Authority
helpline on 0845 6061234
or email:consumerhelp@fsa.gov.uk
or visit the website: www.fsa.gov.uk/consumer.
There is more advice about money matters at www.adviceguide.org.uk
If the local council has a duty to house you because you are homeless, the housing provided must be suitable for everyone in your household. If you can prove that it is not (which can be very difficult), the council should provide somewhere else.
If you are offered short-term emergency housing, it can be more difficult to prove that it is unsuitable as it is only temporary. However, if you later find that you are expected to stay there for a longer period, you might be able to show that it is unsuitable.
Keeping your options open.
It is usually better to accept an unsuitable offer of housing, and then ask the council to reconsider. This is because:
If you turn down an offer of accommodation, there is no guarantee that you will get a better one. Get advice to find out how much chance you have of proving that it is unsuitable before you decide to turn it down.
Bed and breakfast
If you are pregnant or have children, there are rules on when (and for how long) you can be housed in a bed and breakfast hotel. ‘Bed and breakfast’ includes any housing where you have to share a toilet, bathroom or cooking facilities with other households. You can only be housed in places like this
If your family has been in a bed and breakfast for longer that six weeks, you may be able to take legal action against the council, but not if you are being accommodated while waiting for the outcome of a review or appeal.
Conditions and size
The council has to consider the individual circumstances of everyone in your household when deciding what kind of housing you need. It must think about how your health and welfare may be affected by moving. For example, a flat on the second floor may not be suitable if you have difficulty using the stairs.
The standard and size of the accommodation should be suitable but the council can also take into account what is available in the area. In areas where there is a lot of demand for housing, only places of a very poor standard are likely to be considered unsuitable.
Location
The council does not have to offer you a choice of location. In popular areas, a bed and breakfast hotel that is far from your preferred area could, depending on your circumstances, be considered suitable. However, housing in an area where you are at risk of violence is not suitable. The council should also consider any special social needs you have, such as being close to family, support services or special schools.
Cost
The council must be realistic about how much you can afford to pay. They should calculate this by looking at
If living in the accommodation would mean you ending up with less money than when you were on benefits, it will not be considered suitable.
If you think that your accommodation is not suitable for you and your family then get advice. An advice agency can tell you whether you will be able to ask the council to reconsider and may be able to help you do this.
I have a Visa card with a major bank and I’ve run up a bill of £4,000. I can make the minimum payment but I don’t see how I’m going to be able to pay it all off in the longer term. I’m worried about using the bank’s call centre telephone number. What should I do?
The first thing to remember about dealing with debt is not to ignore the problem and hope it goes away, so you have done the right thing in asking for advice.
Have you got any other debts? Some of these might need paying off first. And in any case, the bank will need to know full details of your financial situation if it is to consider negotiating a payment schedule.
You will need to talk to your creditors – the bank – as soon as possible and let them know that you are having problems.
If you’re worried about contacting the call centre, write a letter to your bank. Go into your nearest Citizens Advice Bureaux where they can advise you and get in touch with the bank on your behalf.
You will need to check your income and see if there is anything you are entitled to that you are not getting like new tax credits or housing benefits for help with your rent.
Look carefully at your spending and see if there is anything you are able to cut down on. But don’t be over-ambitious or you will not stick to it.
Then work out how much you can realistically afford to pay back to the bank, taking into account any priority debts.
Let your bank know the amount you think you can repay each month and ask them to freeze the interest. There is more information about how to negotiate with creditors at www.adviceguide.org.uk including how to make an offer and sample letters to use. If you need help contact your local Citizens Advice Bureau
Credit card debts are classed as non-priority debts so you cannot be imprisoned for not paying them. However, the bank could take you to court and get a court order to make you pay. The court will take your circumstances into account when it decides how much you must pay. If you still fail to pay when the court has ordered it, the creditors can take further action - for example, they can get another court order allowing them to send bailiffs in or they could eventually get a charging order that might mean you could have to sell your house. It is therefore vitally important to get advice about dealing with that debt.
Budget airlines have a reputation for often being cheap, but not too cheerful. The recent boom in the booking of flights direct with airlines, with tickets often costing less than a pair of sunglasses, has resulted in a series of headaches for people who feel they have been poorly treated.
As is always the case when purchasing a service, the service of the airline must be 'carried out with reasonable care and skill' (so, hopefully, no drunk pilots), and 'carried out within a reasonable time' (so no 'unreasonable' delays - although what is 'reasonable' may be open to debate).
The service must also be as it is described in the contract. If the contract includes terms which try to take away your statutory rights or which are unfair, they cannot be enforced.
If it says that you have a guaranteed seat (although many airlines do not make this promise) and you do not, then this would be a breach of contract for which you can expect compensation.
If you are 'bumped off' a flight within the European Union because of a lack of available seats, you may be able to claim compensation under the European Denied Boarding Compensation Regulations.
The question of at what stage a contract actually exists when buying online is quite contentious: some say it is when email confirmation is received by the customer, but this has not yet been tested in law. It is best to seek the advice of a trained advisor on this point.
In 2002 the Air Transport Users council set-up a series of voluntary commitments for airlines covering reservations, delays, information, refunds and compensation (these can be found at www.auc.org.uk ). But the key word there is 'voluntary', and many of the budget carriers do not subscribe to this code.
If the airline is particularly reluctant to respond to your letters, you can also seek redress through your credit card company. If you booked by credit card and the total you paid was more than £100, then the credit card issuer is also jointly liable for any loss under Section 75 of the Consumer Credit Act.
For further information telephone 0208 715 0707
Merton Citizens Advice Bureau is a registered charity that provides free, confidential and independent information and advice.
My son and his wife are getting divorced. We are really worried that we may not be able to see our granddaughter anymore. Is there anything we can do? What rights do we have?
At the end of a relationship, many parents are able to make arrangements amicably between themselves about where a child will live, visits from the other parent and contact with grandparents.
If it is not possible to make decisions amicably at first, family mediation or counselling can help but if it is impossible to resolve the situation informally a decision may have to be made by the courts.
Grandparents have no automatic rights or responsibilities in relation to their grandchildren but if the grandchild has been living with them for at least three years they can apply for a contact or residence order.
If the grandchild is not living with the grandparents or has been living with them for less than three years, permission must be sought from the court to apply for a contact or residence order.
Although grandparents are considered to have an important role in a child's life, the court will examine the role the grandparents have played in the child's life and whether an order is in the child's best interests.
A contact order allows the grandparents to maintain contact with the grandchild and states the frequency of contact. It will usually last until the grandchild is sixteen.
A residence order gives parental responsibility for the grandchild to the grandparents and remains in force for a fixed period.
My son's girlfriend is pregnant. They are not getting married and I am worried about what rights he may have with their child. What can he do?
When parents are not married, the father does not have any legal rights in relation to his child even if he is living with the child's mother. But since 1 December 2003 an unmarried father can get parental responsibility automatically if he and the child's mother register the birth of their child together.
Parental responsibility gives a father rights and responsibilities in connection with his child's upbringing such as health, education and welfare.
Until recently unmarried fathers could only obtain parental responsibility by marrying the mother, by applying for a court order or by entering into a parental responsibility agreement with the mother.
A formal parental responsibility agreement can be made whether or not the parents are living together. It comes to an end when the child is 18. Otherwise, it can only be brought to an end by a court order, or if the child is adopted. If an unmarried father loses parental responsibility he cannot re-apply for it at a later stage.
Unmarried parents may wish to draw up an informal agreement setting out the arrangements for the care of their child and their respective involvement. This can help couples consider the issues involved in bringing up a child and possibly avoid future disputes about rights and responsibilities towards the child.
The court can use it if a disagreement arises, but would not be bound by it if it considers that it would not be in the best interests of the child.
If an unmarried mother dies, and the father has not obtained parental responsibility or been appointed guardian by the mother, he will not have an automatic right to have the child carry on living with him, even if he was living with the mother before her death.
Unhappy with the way your Health Problems are being dealt with?
If you are unwell and are not happy with the way in which your health problems are being dealt with, there are a number of things that can be done.
Mrs X, who is fifty two, has been waiting for a hip replacement operation for many years and was in chronic pain. She is in receipt of incapacity benefit and her doctor had advised her that she should not return to work.
However the Doctor who reviewed Mrs X's entitlement to incapacity benefit has decided that she is fit for work and is therefore no longer entitled to claim benefits. What can she do?
Mrs X can do three things, appeal against the second Doctor's decision, find out if she is entitled to any other benefits and complain about the length of time that she has had to wait for her operation.
Although the appeals process can appear complicated, time consuming and daunting it is worth pursuing. Doctors do make mistakes and in the last twelve months alone 40% of appeals against the withdrawal of incapacity benefit were successful.
In addition to a number of other benefits, Mrs X may be entitled to Disability Living Allowance, a non means-tested benefit designed to help with the cost of mobility and care needs. Attendance Allowance is a similar benefit for people aged sixty five or over.
If Mrs X is unsuccessful in her initial application, she should appeal. Last year 50% of refused applications for Disability Living Allowance were awarded on appeal.
Mrs X can complain about the length of time that her operation is taking by using the hospital's complaints procedure. She can also complain about other NHS services that are not satisfactory by using that service's complaints procedure.
How can the CAB help?
The CAB can provide advice to Mrs X on how to appeal and can help her complete the relevant paperwork and her submission. It may be able to represent her at the hearing.
The CAB can also help Mrs X complete the Disability Living Allowance application and advise her on the full range of benefits to which she may be entitled.
The CAB operates the NHS Independent Complaints and Advocacy Service (ICAS), designed to assist people in making and resolving complaints against NHS services.
ICAS provides general advice, can write or prepare letters on behalf of the complainant and if required represent the complainant at meetings or hearings. Details of the ICAS service for South West London Strategic Health Area are on the Specialist advice page
If you are already working full-time and want to reduce your hours to spend more time with your children you may now be able to do so even if your employer does not want you to reduce your hours.
From 6 April 2003, parents of children under six or of disabled children aged under 18 have the right to apply to work flexibly, and their employer has a duty to consider their request seriously.
If you have been with your current employer at least six months, you can apply to change the hours you work, change the times you are required to work, or ask to work from home.
You will need to apply in writing, making a clear case for the changes you are requesting. Any changes that result will be permanent, unless you and your employer agree otherwise.
You will therefore need to think carefully beforehand about the working pattern that will best suit you, the financial implications and the effects on your employer's business and how these might be accommodated.
Your employer is then obliged to meet with you within 28 days of receiving your request. At this meeting you can discuss your proposals in more detail and explore any alternatives that are suggested.
You can have a workmate or union rep from your workplace accompany you to this meeting. Your employer then has 14 days within which to write to you - either agreeing the new work pattern and a start date, or providing clear business grounds as to why your application cannot be accepted.
If your request is turned down you have 14 days to appeal. Details of how to do this should be included in the letter from your employer explaining why your request has been rejected.
In limited circumstances, you may be able to go to an employment tribunal. Otherwise, you may be able to claim sex discrimination.
Further information and help to assess your own situation can be found at your local CAB.
Are your neighbours noisy? Do they play loud music through the night? Are people coming and going at all hours?
If so what can you do about it?
Everyone should expect some noise from their neighbours. Perhaps you occasionally disturb them? The answer is a reasonable compromise that allows everyone to enjoy their chosen lifestyle.
Approach your neighbours and let them know what the problem is. They may not know that their noise is disturbing you and could be quite willing to attempt to address the problem.
If they are sympathetic, they might agree to turn the music down at a certain time of night and play it more quietly during the evening. You could both agree how to let them know if it is still too loud.
You could ask them to ask their friends to be quiet when arriving or leaving during the night or you could consider some form of insulation. There may be grants available.
If the noise is not reduced and your neighbours are tenants, you could contact their landlord to discuss the problem.
If your neighbours are not sympathetic you should contact the Council's Environmental Health Officer (EHO) for advice. The EHO can investigate whether the noise is, in their judgement, a statutory nuisance.
The EHO will take in to account the type of noise, how loud it is, how often and at what time it occurs. Keep a record of how often there is a problem with noise and the nature of the problem, include both dates and times.
If the EHO considers there is a noise nuisance but is unable to resolve the matter by discussion, the Council can serve a notice on the person causing the problem, or on the owner or occupier of the property.
If your neighbour does not comply with the notice, the Council can prosecute them or can apply for an injunction.
If the noise is part of a pattern of serious anti-social behaviour, the Council, the police or a housing association can apply for an anti-social behaviour order against your neighbour.
For more information telephone Merton CAB on 0208 715 0707 or call at its Morden office between 10.00 and 15.00 Monday-Thursday.
Christmas is over, the New Year is underway and the first of possibly many credit card statements is about to bring us back to reality.
If you have overspent and can't meet your commitments you don't need to panic but you do need to do something as the problem will not go away on its own. To start with you will need to work out:
You will then need to contact all your creditors (people you owe money to), let them know that you can't make the agreed payment and offer to pay an amount that you can afford.
Most creditors, Banks and credit card companies in particular, will be understanding and will agree to you making reduced payments for a limited period.
However others may not agree and might even threaten court action. If this is the case, it is recommended that you contact the CAB's Debt Help Line on 0208 640 3194.
The CAB has many years experience of dealing with debt and can help you complete court forms, work out what you can afford to pay and negotiate with your creditors.
And what about that gift that broke five minutes after it was opened?
You will be entitled to either a full refund, a repair or a replacement if anything that you purchased is not fit for its purpose or as described. Although it is helpful to have a receipt it is not essential.
The product should be returned as soon as possible but do be aware that if you have tried to repair something yourself it may affect your rights.
For more information telephone Merton CAB on 0208 715 0707, call at its Morden office between 10.00 and 15.00 Monday-Thursday