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Help please - where do I stand?

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  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    rogerblack wrote: »
    Yes - the earlier decisions are nowhere near as favourable for credit card debts.

    Only more recent judgements or changes in law would supercede this though.
    As I understand it - not being an actual lawyer.

    Yep, your understanding is correct, however it would be easy to apply the ratio from less favourable deprivation cases (there have been some since). All the judge would need to do is pick the bits that suit their viewpoint. They are pretty good at that! ;)
    Gone ... or have I?
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    For the first 26 weeks you can claim contribution based JSA. If you are both still unemployed after this time, you may not qualify for any benefits if you have still got the 16k in savings as this is the cut-off. If you have under that figure, then any entitlement will be reduced by £1 for every £250 over the £6k lower limit. At the moment however, you are okay.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    dmg24 wrote: »
    Yep, your understanding is correct, however it would be easy to apply the ratio from less favourable deprivation cases (there have been some since). All the judge would need to do is pick the bits that suit their viewpoint. They are pretty good at that! ;)

    The only safe way to do this would be to quote the above case, and state an intent to pay off the credit cards, in order to avoid expensive interest charges, after redundancy, in writing to the DWP, and get prior approval.

    Any other cause of action is risky from a deprivation of capital point of view, even on appeal, it's possible to lose if the judge takes a different view that he's not bound by the earlier precedent as your case differs, or the law has changed in details (though it seems very close on the facts).

    How likely this is to succeed is an interesting question that only the decision maker whos desk it hits can answer.

    Also - see the various 'making credit card debt cheaper' sections of this site - reducing your payments if the above is not an option will help.
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