Malvern Hills District Citizens Advice Bureau

December 2012
How can I return something I bought in the Christmas sales?

Sales goods may be reduced in price because the trader needs to clear stock at the end of the season, because they want to attract customers, or because there are known faults with the goods. As a consumer, the law says that any item you buy from a trader in a sale must be of satisfactory quality, fit for purpose and match any description given. If it doesn't then you are entitled to a repair, a replacement, or a refund.

Traders must also point out any faults with damaged sales goods, for example a missing button on a coat. If this does not happen you are also entitled to a repair, replacement or your money back.

Things become more problematic if you have simply changed your mind. A trader doesn't have to do anything in this situation, but some traders do have their own returns policies where you can be offered an exchange or a credit note. However, it is important to point out there is no legal obligation for a trader to do so. More information on these types of returns policies can be found on the back of your receipt or displayed next to the tills.

Proof of purchase, like a receipt, will be needed to return goods bought in the sales and be aware that some returns policies state that goods which have been opened or the package damaged will not be accepted. Some retailers will also not accept returned goods which could carry infection such as pierced earrings, so remember to check the trader's terms and conditions if you think you think you may want to return them later.

For more information on your consumer rights go to the Citizens Advice website www.adviceguide.org.uk.

November 2012
GET FREE CAB ADVICE AT THE CLICK OF A BUTTON WITH CAB'S NEW LOOK WEBSITE

Citizens Advice has revamped its national advice website to make it even easier for people in the Malvern Hills District to get online help and advice to sort out their problems.

The website - www.adviceguide.org.uk - has advice and tips on a range of issues; from managing your debts to saving money on your energy bills; finding out what benefits and help you may be entitled to as well as information around redundancy and employment rights.

Richard West, Advice Services Manager said: "People come to us for a range of advice on all sorts of different issues. We know that not everyone has time to come to the bureau for help whereas others prefer to get their advice online. That's why we want to make sure that everyone can get the advice and help they need - when they need it.

"The new look Adviceguide website provides lots help at the touch of a button for people in the Malvern Hills District."

Not only does the website contain all of the information you need on benefits, tax credits, debt, consumer and a whole host of other issues but it also has a number of tools, tips and fact sheets to help - including a video on benefits in British Sign Language.

There is also a budget calculator to help you manage you money, 'frequently asked questions' on all manner of topics - from tax to travel. And template letters to make a complaint about consumer issues or propose a repayment plan to creditors. And, there is a range of web pages translated into a number of foreign languages.

Upton-upon-Severn CAB, The Library, School Lane.
Wednesday 9.30 am - 12.30 pm and Friday 10.00 am to 12.30 pm.

If you are housebound and cannot travel to Upton, you can telephone Malvern CAB and we will try to arrange a home visit.

Malvern Bureau open:
Mon, Tues, Thurs and Fri 10 am - 4 pm
Telephone: (01684) 563611

October 2012
Can you claim free help to manage your heating costs?

Malvern Hills District CAB are urging people worried about their energy bills to find out if they are eligible for free heating and insulation improvements from Warm Front.

The call comes as new research from Consumer Focus shows that around six million households across England plan to cut back on heating their home this winter due to worries about affording their energy bills. Yet although so many people are worried, millions of pounds worth of help is being left unclaimed under Warm Front, the Government's scheme to help the poorest households in England to make their homes warmer and cut their energy bills.

Over 2011-12 the Warm Front scheme was under-spent by over £50 million.

The Government has introduced changes that will make more people and families with children, who are living on low incomes, eligible for the scheme. As the eligibility criteria for help under the Warm Front scheme is widening, even if someone has been turned down before they may be able to get help this year.

As this is the last year of Warm Front, Consumer Focus, Citizens Advice, Age UK and National Children's Bureau, are joining together to promote the scheme to make sure that as many vulnerable people and families as possible get this help. The heating and insulation improvements Warm Front offers could help thousands of households to stay warm and well and save up to £600 off their energy bills each year.

Richard West, Advice Services Manager at Malvern Hills District CAB said:
'High energy bills are leaving many people's finances increasingly stretched. Thousands of vulnerable people and families across the district will cut back on their heating this winter - which could put their health at risk. We would urge anyone worried about their bills to contact us, to find out if they could be entitled to free help which could save them hundreds of pounds off their bills every year.'

Warm Front offers measures worth up to £3,500 (£6,000 if you need oil central heating). These measures are free to most people who are eligible to receive help from the scheme and can make a big difference to their health and financial well-being, in particular in affording other bills and saving for emergencies.

People can find out if they can get free help from Warm Front by calling 0800 316 2805 or by visiting their local Citizens Advice Bureau or Age UK. Further information and an online application form are also available on www.direct.gov.uk It currently takes on average just eight weeks to install heating or insulation from the day you apply. So if people apply now their home could be warmer at a lower cost, by Christmas.

For further information and advice, contact your local Citizens Advice Bureau or see www.adviceguide.org.uk.

September 2012
Dealing with Mortgage arrears

I'm in deep trouble with my mortgage. Recently I saw an ad about exchange with delayed completion arrangements, which I thought could help, but my wife is worried it may cause us more problems than it solves. What should we do?

An exchange with delayed completion (EDC) arrangement may seem to offer a way out if you're in mortgage arrears, but you should think carefully before entering into something like this, as there could be significant risks involved.

An EDC arrangement is where you agree a sale price for your home with a prospective buyer. Contracts are exchanged and the prospective buyer typically pays you an agreed deposit at that time. Completion of the sale is then delayed, often for a few years.

The buyer may offer to take over payment of your mortgage, but the mortgage stays in your name until the sale completes. The buyer may also offer to take over insurance costs and to pay for any repairs to the property.

If you move out of your home and the buyer or their tenant moves in, the arrangement is not regulated by the FSA. There may be a number of risks involved that you should be aware of. Your home could be at risk and you won't have access to complaints and compensation procedures if things go wrong.
As the mortgage is still in your name, you're still responsible for your home and the mortgage even if the prospective buyer takes over payments to the lender. If the buyer gets into financial difficulties, you'll be responsible for any debts or missed payments and you could lose your home. You could be breaking the terms of your mortgage agreement if you need your lender's permission first before going ahead with this type of arrangement. You could also be charged unreasonable fees that are not made clear at the outset.

Before going down this road, get independent advice and explore other options for dealing with your mortgage problems that could be better for you and your family. For more information on how to sort out your mortgage problems, and for contact details of your nearest CAB, see the Citizens Advice website www.adviceguide.org.uk.

August 2012
My son bought a festival ticket online. It wasn't the official website and I'm a bit concerned that he may have been sold a fake. How can I tell if it is a counterfeit and what can we do about it?

There are a few ways to check if your son has bought a ticket from a safe website. Check to see if the site has a red, black and white kitemark provided by the Society of Ticket Agents and Retailers (STAR) www.star.org.uk with the words 'secure tickets from authorised retailers' as this will help you identify it if is a legitimate website. If you are still unsure you could contact the Association of Secondary Ticket Agents (ASTA) www.asta-uk.org, to see if they know if the site you are looking at is genuine or not.

You could always contact the official website and explain the situation - they may be able to check the serial numbers of the tickets or tell you if others have experienced similar problems.

After this, if you think your son's ticket is from a scam website, you should report it to the police and also action fraud website, at www.actionfraud.police.uk. You may not get his money back, but you can try and prevent this site being used by others.

If he paid for the ticket by credit card, the credit card company may be jointly responsible if the ticket seller breaks their contract with you. As long as the ticket cost over £100, you may be able to claim your money back from the credit card company. If he paid by a Visa or Mastercard debit card, you may be able to ask for a refund under their chargeback scheme. You will need to contact the card company to make a claim.

For further advice visit http://www.adviceguide.org.uk/england/consumer_e/travel_leisure_and_food_e/consumer_event_tickets_e.htm

July 2012
I want to convert my loft but the last time I paid someone to do work on my house it ended in a dispute with the builder and I felt I'd been ripped off. How can I make sure that doesn't happen again?

Home improvements gone wrong leave many people feeling 'once bitten, twice shy' but there are some simple things you can do to sieve out the experts from the cowboys - and get the job done to your satisfaction, and on budget.

Before you start, outline exactly what work you want doing and what that includes. For example, if you are having a new kitchen put in, are you moving where the sink or washing machine would be?

Do your research to find the best people for the job. Check the Local Authority Assured Trader Scheme Network website: www.oft.gov.uk/laatsn or use TrustMark www.trustmark.org.uk to find a registered builder, or you can check online for websites with a feedback option to rate tradesmen.

Once your checks have provided a list of reputable tradesmen, get references and three written, itemised quotes (not estimates) from different builders. Make sure your quotes are comparable, whether VAT is included and it is clear who is buying what materials - you or the builder.

It's important that you talk through with your builder about what happens if something goes wrong and who pays - for example if there are delays in completing the job or you come across a complication.
Get everything you've agreed down on paper. Your contract with your builder should be in place to protect you and the trader. It is a legally binding document. It is important to read through the contract and make sure that you obtain a written quotation and that all terms are agreed in writing.

For more information, see the Builders and home improvements in the Consumer section on Adviceguide www.adviceguide.org.uk.

Upton-upon-Severn CAB, The Library, School Lane. Wednesday 9.30 am - 12.30 pm and Friday 10.00 am to 12.30 pm.

If you are housebound and cannot travel to Upton, you can telephone Malvern CAB (01684) 567146 and we will try to arrange a home visit.

Malvern Bureau open:
Mon, Tues, Thurs and Fri 10 am - 4 pm

June 2012
My husband works in a local newsagent 16 hours a week and I work six hours a week in a local nursery, bringing our joint number of hours to 22. We have one child. We have both tried to increase our hours with our respective employers but they have no more hours available and we have now lost our Working Tax Credit. Is there anything we can do?

There may be. Since 6 April, couples who have at least one child and get Working Tax Credit will normally have to work at least 24 hours a week between them instead of just 16 hours to qualify for any payment. One of you must also work at least 16 hours a week.

However there are exceptions to the new 24-hour requirement. For example, if you or your partner is disabled in certain circumstances, if one of you is a carer or are in hospital or is over 60, you continue to qualify if one of you works 16 hours a week. It is your responsibility to tell the Tax Credit Office if you think you should continue to qualify, so if you think this may apply to you let the Tax Credit Office know as soon as possible.

Many of those who have their Working Tax Credits stopped may be entitled to other benefits such as Jobseekers Allowance - if you are working less than 16 hours and your partner is working less than 24 hours you may be entitled to a top up of JSA if your joint earnings come to less than £121/week. You also may be entitled to other benefits such as free school meals or housing and or council tax benefit. If you would like a benefit check do contact your nearest CAB.

Citizens Advice wants to raise awareness of the financial difficulties this change is causing families, and is looking for anonymous case stories to use as evidence in their social policy work. If you would like to tell your story, please contact your local CAB.

You'll find more information about all the changes on the Directgov website at www.direct.gov.uk or go to www.adviceguide.org.uk

May 2012
I have been too ill to work for some time and have been living on a sickness benefit called Employment and Support Allowance, but I have heard this might stop soon. It's already a real struggle to get by and I'm in no state to go back to work. What can I do?

If you're getting contributory Employment and Support Allowance (ESA) - the form of ESA you should be getting if you paid the right amount of National Insurance contributions before you were ill - you may be affected by changes happening soon.

From 1 May, if you're in what's known as the Work-related Activity Group, you can only get contributory ESA for a maximum period of one year. Time spent in the Work-related Activity Group before 1 May counts towards the year, so if you've already been getting it for one year and you are in this Group, your contributory ESA stopped on 1 May. You won't be affected if you're in what's known as the Support Group, which is made up of people not expected to be able to work again at any time.

If you have a condition which is getting worse, you may be able to go into the support group instead of the work-related activity group. If you're in the support group, your contributory ESA isn't time-limited.
If you were getting both contributory ESA and income-based ESA, you will get more income-based ESA to replace the contributory part.

If your contributory ESA stops because of these changes, you may be able to get income-based ESA instead. This will depend on your income and savings, and any income and savings of your partner, if you have one.

The Jobcentre will write to you before your benefit stops, telling you what's happening and asking if you want to be considered for income-based ESA. You'll have to provide details of your and your partner's income and savings promptly, so that the Jobcentre can transfer you to income-based ESA straightaway, if you can get it. You won't have to make a new claim for ESA or have more medical assessments because of this change.

If your money goes down as a result of these changes, you might be able to get more of other benefits, such as Housing Benefit, Council Tax Benefit, Pension Credit or tax credits.

For more information about the ESA changes, go to the Directgov website at www.direct.gov.uk, see www.adviceguide.org.uk or get more detailed personal advice from your nearest Citizens Advice Bureau.

April 2012
Do I have to work on the Queen's Diamond Jubilee Public Holiday?
To celebrate the Queen's Diamond Jubilee there will be an additional bank holiday on Tuesday 5 June 2012.

As there is no statutory right to any bank or public holiday the announcement of an extra bank holiday does not increase any entitlement to holiday under the Working Time Regulations. So whether an employee will benefit from the additional bank holiday will depend on the wording of their contract, and the discretion of their employer.

For example, a contract which entitles a worker to 20 days annual leave in addition to all statutory, bank and public holidays, would potentially give the worker an extra day's paid holiday. Some contracts state the number of bank or public holidays they are entitled to, but if public holidays are listed by name, in a contract, it could be trickier.

Employers may wish to consult with workers about any arrangements for the additional public holiday as planning and good communications may reduce the risk of absenteeism and other issues around taking time off.

Is there a right to be paid double time on a bank holiday?
There is no legal right to be paid any extra for working a bank holiday, it will depend on the terms of the employment contract.

However many employers do provide incentives to work on bank holidays so it can be worth checking out any contractual obligations.

Can an employer refuse to give time off for the rest of the week?
Yes, an employer can state when employees may take time off and how many people can be off at any one time. Some employers will close for the holiday, others may have a reduced number of staff working, but they will need to look at their business needs when deciding on leave requests.

Will part time workers be entitled to an extra day?
Employers will need to consider the rights of part time workers. Part-time workers are entitled to the same holidays as full-time workers, calculated on a pro-rata basis, and the additional day should therefore be taken into account when calculating their bank holiday entitlement.

For further information and advice, contact your local Citizens Advice Bureau or see www.adviceguide.org.uk.

If you are housebound and cannot travel to Upton, you can telephone Malvern CAB (01684) 567146 and we will try to arrange a home visit.