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FAQ's

I am experiencing racial discrimination at work. What can I do about it?
I am seriously in debt and can no longer pay off what I owe. Can you help?
I bought a used car from a dealer a few weeks ago which has proved faulty. The dealer is saying that there is nothing he can do. Is that true?
I have received a Claim for possession from the county court because I have not paid my rent. What can I do?
I can’t get my Bond back from my Landlord now that I have moved out of my rental property. Is there anything I can do?
Can the Landlord increase the rent on my flat whenever he feels like it?
Is there anything I can do to make the tradesmen working on my house finish the job quicker? They have been working on this job for months
Can I take someone to Court who owes me money?
Is it legal to change my name?
I need a solicitor but cannot afford their fees. What can I do?
Can I represent myself in Court?
I want to get divorced what do I do?
What are these tax credits I keep hearing about and how do I find out whether I am entitled to them?
What benefits am I entitled to now that I have lost my job?

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I am experiencing racial discrimination at work. What can I do about it?

You don’t have to put up with racial discrimination. Under the Race Relations Act 1976 it is unlawful for an employer or anyone else for that matter to discriminate against you on racial grounds which includes colour, nationality, ethnic or national origins. Under this act it does not matter whether this discrimination is on purpose or not. What counts is whether you have been treated less favourably because of your race

If you feel that an employer or a colleague is treating you unfairly, there are a number of steps to take

The first thing to do is to find out if other colleagues are receiving similar treatment. Ask your colleagues if they have noticed your less favourable treatment and if they have find out if anyone is willing to stand by you
If at all possible try to speak personally to the person who has been discriminating against you and ask them to stop or warn them that you will complain officially
If things do not improve, talk to your union if you are a member, and, if need be, raise a written grievance with your employer. Many employers treat racial harassment by their staff as a disciplinary offence, and they should discipline the person harassing you
Keeping a record of events, dates and times of the discriminatory behaviour will help you if you need to do this, as your grievance should be as detailed and accurate as you can make it. The grievance should be signed and dated, and you should keep a copy. Likely the person who you are accusing will deny the allegation and you may have to prove that your allegations of racial discrimination are serious
If your Employer does not do anything or does not do enough to prevent it, you can make a claim against them to an Employment Tribunal. There are organisations which can advise and support you to proceed further e.g. Commission for Racial Equality or a trade union. If you do decide to take the case to an Employment Tribunal then you must apply within three months of the date of the last discriminatory act, although this time limit may be extended if you have raised a written grievance

In many cases, you could also:

take legal action in court against the person who is harassing you or against your employer under the Protection from Harassment Act 1977; or
make a claim for negligence or breach of contract against your employer

If you are attacked, you should report it to the police. Under the Crime and Disorder Act 1998, harassment or assault may carry a higher penalty for the person who has attacked you if it has a racist motive

As well as give further advice on this question we can put you in touch with the appropriate organisations, and help with the documentation. Contact us if we can assist

I am seriously in debt and can no longer pay off what I owe. Can you help?

Yes, we can help. There are two things you should do when you are faced with debt problems:

Don’t panic and
Don’t ignore the problem

In order to tackle your debt you should start by assessing how much income you have and what your expenditure is. Look for ways to maximise your income. Check and see if there are any benefits or tax credits you are entitled to that you are not claiming

Look carefully at your spending and see if there is anything you are able to cut down on, again you can work out what are priority expenses and what things are not so necessary. You can also look at ways of reducing your outgoings, for example you could shop around for a cheaper gas or electricity provider, or look at cheaper mortgage or insurance providers

You need to determine whether the debts you have are priority or non priority. A priority debt is one that could have serious results if left unpaid i.e. not paying your rent or mortgage could see you left homeless or evicted. A non priority debt is one that, left unpaid, will not have such serious consequences i.e. catalogue. Obviously priority debts should be paid first

When you have decided which are priority debts, work out how much you can realistically afford to pay back. You will be able to work this out by compiling a financial statement based on your income and expenditure. Once this is done approach those organisations or people to whom you owe money and advise them of your situation. They are more likely to be helpful if you approach them first

Give careful consideration before taking out further loans to pay off existing debts. You may end up paying back a lot more than you borrowed and the interest rates may be extremely high. Some loans can be secured against your home and you could end up losing it if you fail to make repayments

Please contact us if you are experiencing problems with debt and we will provide you with further advice on coping with your debt and dealing with your creditors

I bought a used car from a dealer a few weeks ago which has proved faulty. The dealer is saying that there is nothing he can do. Is that true?

No, that is not true. You have legal rights under the Sale & Supply of Goods Act 1979 (as amended by the Sale & Supply of Goods Act 1994). Under this legislation the car must be:

Of satisfactory quality (bearing in mind its age)
Be as described
Be fit for its purpose

This means that the car should be free from defects other than any you have been told about, it should be exactly what you have been told it is, and it should do what you might reasonably expect of it, including any particular purpose you have specified to the seller

If you feel the car does not meet one of the above requirements, you have a short period of time after buying it in which you may be able to reject it completely. To do this, you must stop using the car immediately and contact the dealer

Next you must follow your complaint up in writing and give evidence of any problems. You should also make the finance company you have used to fund your purchase aware of the situation. You will need to get an independent assessment of the car and possibly, if the rejection is disputed, take legal action to recoup your money

Check whether the dealer belongs to any trade associations, what their policies are and whether the dealer is abiding by them. Also consider involving the Trading Standards department of your local council

If you decide that your only option is legal action then you can make an application to the small claims court for amounts up to £5,000 in value. If the amount is above that then you may need to employ proper legal representation for full court proceedings

Alternatively, the dealer may offer to repair or replace the car. If you choose a repair, ensure the dealer provides you with a courtesy or hire car, or pays your travel costs while the repairs are being made

As well as give you further advice on this question we can help you write to the dealer or commence court action in the small claims court. Please contact us if we can help

I have received a Claim for possession from the county court because I have not paid my rent. What can I do?

Your landlord has the legal right to evict you if you do not pay your rent so don’t ignore the summons. If you ignore it then the Court could make a decision without hearing your side of the story. You need to act IMMEDIATELY

You have two options. If you want to stay in your home and cannot afford to pay your rent due to low income you may be able to claim housing benefit. If you can afford to pay your rent then you may be able to negotiate with your Landlord to pay a little extra towards your arrears. This may stop the court action. Once you agree to make these payments they should be made regularly

On the other hand if your Landlord will not agree to accept your payments then you should reply to the claim by filling in the response form which would have come with the summons and returning it to the Court. By filling in the response form it allows you to defend yourself in the case if that is what you have decided to do. You should return the response form to the court before the “return day” which is on the summons

You should attend the court hearing and if you can make a reasonable offer of payment, the court may accept it and allow you to stay in your home. However, if the court does not agree to your offer, you will be given a date when you will have to leave your home. The costs of the court hearing will also be added to the rent that you owe the landlord

If you want further advice or if you need help to complete the response form, call or email us

I can’t get my Bond back from my Landlord now that I have moved out of my rental property. Is there anything I can do?

Yes there is. While it is reasonable to expect Landlords to ask tenants for a deposit to cover any damage or non payment of rent it is not reasonable that they will retain this deposit if the property is left in good condition and rent has been paid on time

The Government has recently sought to offer protection to tenants by implementing a new tenancy deposit protection scheme as from 6 April 2007. Under this scheme the Landlord must put your deposit in a tenancy deposit protection scheme and at the end of the tenancy, you are guaranteed to get your deposit back within 10 days as long as there is agreement between yourself and your Landlord as to how much you should get back

If there is a dispute in this regard then there is a free service which you and your Landlord can use to help sort out this disagreement (the Alternative Dispute Resolution (ADR) service). If your deposit was paid before 6 April 2007 and your Landlord won’t pay it back, firstly see if you can come to an agreement with them. If this does not work then your only option is to take your landlord to Court

Give us a call or email us if want further information on the tenancy deposit protection scheme or you would like help in taking court action

Can the Landlord increase the rent on my flat whenever he feels like it?

The answer is dependant on the type of tenancy agreement that you have. In cases when the tenancy is for a fixed term then the rent cannot be increased during that term. The only exception to that rule is if you have agreed to the increase or the agreement states that the rent can be increased during that period. Once the fixed term ends, you may be asked by your Landlord to sign a new tenancy agreement which charges a higher rent. Landlords can charge a higher rent if the tenancy is not for a fixed term under the following circumstances:

If you agree
If the agreement allows for it
Your landlord gives you the correct written notice that he intends to increase the rent

If the agreement allows for an increase, it should say when and how this should happen, for example, annually

You can appeal against an increase if you think the amount of the increase is too much or if you think the notice of the increase was not issued correctly. However should you start to pay the increased amount this means that you have agreed to it and therefore you cannot appeal against it

Unfortunately, some tenants have very little protection against eviction and could risk losing their homes if they dispute with the landlord the amount of rent payable. Remember if you cannot afford to pay your rent because you are on a low income then you may be entitled to claim housing benefit

If want help to appeal your rent increase or need help to prepare a letter to your Landlord please contact us. Also contact us if you would like to know whether you qualify for housing benefit

Is there anything I can do to make the tradesmen working on my house finish the job more quickly? They have been working on this job for months

Essentially, when you hire someone to do work for you, you are buying a service. What can you expect from that service?

Firstly it means that the work should be done with care and skill as you would reasonably expect from a qualified tradesman. Secondly that the work should be carried out within a "reasonable time". What constitutes a reasonable time?

Although there is no legal definition of what constitutes "reasonable", commonsense should prevail. It would be unreasonable to expect a carpenter to put a new roof on a house in a day. However it would be quite reasonable to expect him to hang a door in that period of time

If you feel your tradesman is taking too long to complete your job then start keeping a diary and document the stages of the job by means of photos. This kind of evidence will be invaluable should the matter go to court. However before you consider taking court action you need to talk to the builder about your concerns and try to agree a timescale with him for completion of the work. If this course of action does not work then you need to put those concerns in writing and send the tradesman a letter. Ensure that you keep a copy of the letter. Unfortunately if there is no response then your next course of action will be to take court action

If you would like help to write to the tradesman or commence court action in the small claims court please contact us

Can I take someone to Court who owes me money?
Yes, you can take the matter to court however the courts will expect you to have done everything you can to resolve the matter before resorting to litigation. Have you tried contacting the individual/company involved to discuss the matter? If that has not worked have you written to the individual/company involved? If you still receive no response you should write to the individual/company and put them on notice that you intend to take legal action. You must allow them time to respond and you need to keep a copy of all correspondence
Legal Action: You can start a claim by filling in a claim form and taking two copies to the court. Claim forms can be found on-line on the "Her Majesty's Court Service" website. You keep a third copy for yourself. You also pay the court fee at this time. If your financial circumstances are such that you are on a low income then you may not have to pay the court fee. You can make applications online in some cases
The court has three set procedures for dealing with claims. These are the "Small Claims" track, the "Fast Claims" Track and the "Multi" track. If your case is a simple one, the amount owed to you is less than £5000, and the case is defended, then the court will probably decide to allocate the case to the Small Claims track. If there is a hearing, it will usually be informal and you and the other party will have a chance to give your reasons for starting the claim and why it is disputed. At the end of the hearing, the judge will give the judgment. If you win you get your court fees back. You can appeal against the judgment but you have only 14 days to do so
If the case is considered to be complex, the judge may decide to allocate the case to the "Fast Track" which is a different procedure and means that there can be a full hearing
For those on low income you may be to get help to prepare your case through the legal help scheme however you will not be able to get legal help for representation. Instead of going to court there is the option of taking part in mediation. There will be a cost involved which depends on the size of your claim and which will be met by both sides involved in the dispute. If you wish to contact a trained mediator then ring the national mediation helpline on 0845 60 30 809
If you would like help to prepare court documentation for the small claims court or you want more information on mediation please either ring or email us
Is it legal to change my name?
As long as you are over the age of 16 you can change your name at any time. This includes your forename or your surname or both if you wish. New names can be added or dropped. No forms need to be filled in and you do not have to get permission, you just start using your new name instead of your old one
Your new name can be used for all purposes including getting married or applying for a passport. No doubt, in either of those situations, you will be asked for proof of your name change and you might find it useful to change you name by Deed Poll (Change of Name Deed) so that you have documented proof (see below). Other organisations may be satisfied with a letter from your doctor, from a solicitor or some other professional advising that you have changed your name
It is not difficult to execute a Change of Name Deed. It is in the form of a contract which binds you, the person who signs it, to a particular course of action as set out in the Deed Poll document. The course of action that you commit yourself to in signing this document is that you abandon the use of your former name, you require that all people address you by your new name only and that you use your new name only at all times. It is simply a formal written and witnessed document, which indicates your former name and the name you intend to use from now on. It can be used as evidence that you have formally changed your name
Important: A Change of Name Deed can only be entered into by an individual over the age of 18. If they are a British citizen then they can be living anywhere in the world. If they are not British, then they must be living in the UK, but the Deed may not be sufficient to change documents and details outside of the UK
If you would like help to complete the Change of Name Deed give us a call
I need a solicitor but cannot afford their fees. What can I do?
Depending on the kind of legal advice you require, you may not need a solicitor. Legal advice is available from many sources apart from solicitors. The Citizens Advice Bureau is one such organisation which can provide you with advice free of charge. Other agencies include law centres, trade unions, and money advice centres. There is also a lot of free advice available on the web. If your matter is complicated and you definitely feel that you need the services of a solicitor then you can obtain limited advice from a solicitor at a fixed fee interview. Most solicitors offer the first half an hour of advice free. It is a good idea to telephone the solicitor’s office before attending to find out exactly what you will be charged for
You can get free advice if you qualify for help with legal costs under the legal help scheme. To qualify for this kind of help you need to be on a low income. The legal help scheme provides: free legal advice on any legal problem, writing letters, negotiations, obtaining a Barrister’s opinion and preparation of the case for tribunal. It does not provide representation by a solicitor in court although you may get limited help under certain circumstances. If you are eligible for help through this scheme then you will need to see a solicitor or an organisation such as the Citizens Advice Bureau, who has a contract with the Legal Services Commission to provide legal help
You may not need a solicitor to represent you in court as you can represent yourself. This is what is known as being a litigant in person. Alternatively you can ask a friend or a representative who is not a solicitor to do so
If you do not qualify for legal help, if you are unable to access the charitable organisations and if you cannot afford to visit a solicitor then there is another alternative:
The Advice Agency
We are trained advisers and are able to offer advice on most subjects. We are readily available – you can reach us by telephone and email. We charge you an affordable fee and we give you a personal service. Our service not only provides advice but we also offer to help you with correspondence, negotiations and preparation for Court. If we cannot help you, we do not charge. If your case is beyond our expertise then we will refer you to the appropriate organisation
Please note that we do not offer advice on criminal matters or very complex legal matters. You will need to contact a solicitor in those instances
If you want our help, please contact us
Can I represent myself in Court?
Yes, you can. If you decide to represent yourself in Court you are known as a litigant in person. The Courts are quite helpful to litigants in person and although it is not their function to provide legal advice they will do their best to assist. You may find it useful to check the guidance they do provide on their website (www.hmcourts-service.gov.uk A section of this guidance is reproduced below:
15.1 The provisions of this Guide in general apply to litigants in person. Thus, for example, litigants in person should, unless they have good reason for not doing so: prepare a written summary of their argument in the same circumstances as those in which a represented party is required to produce a skeleton argument; prepare a bundle of documents in the same way that a represented party is required to produce a bundle of documents; and be prepared to put forward their argument within a limited time if they are directed to do so by the court
15.2 This means that litigants in person should identify in advance of the hearing those points which they consider to be their strongest points, and that they should put those points at the forefront of their oral and written submissions to the court
In addition to the guidance above the courts will allow you to be accompanied by a lay adviser to assist you. This person is known as a MacKenzie Friend. While a MacKenzie Friend can assist by prompting you, taking notes or offering you advice they are usually not allowed to speak to the court. The guidance on this says:
15.11 A litigant who is acting in person may be assisted at a hearing by another person, often referred to as a McKenzie friend (see McKenzie v. McKenzie [1971] P 33). The litigant must be present at the hearing. If the hearing is in private, it is a matter of discretion for the court whether such an assistant is allowed to attend the hearing. That may depend, among other things, on the nature of the proceedings
15.12 The assistant is allowed to help by taking notes, quietly prompting the litigant and offering advice and suggestions to the litigant. The court can, and sometimes does, permit the assistant to address the court on behalf of the litigant, by making an order to that effect under section 27(2)(c) of the Courts and Legal Services Act 1990 (by reference to sections 17 and 18 of that Act), but this is an exceptional course. Some factors which may be relevant to whether this should be permitted have been discussed in reported judgments, including Izzo v. Philip Ross [2002] BIPR 310 and Paragon Finance v. Noueiri (Practice Note) [2001] EWCA Civ 1402 [2001] 1 W.L.R. 2357
Please note that we do not offer advice on criminal matters or very complex legal matters. You will need to contact a solicitor in those instances
While we cannot accompany you to court we can offer you advice and also help you with the preparation of the documents that you will need to present in the small claims court
I want to get divorced what do I do?
These are important points you need to know before you seek a divorce in England & Wales:
1. You need to have been married for one year or two years in Northern Ireland
2. Your marriage must be recognised as valid by United Kingdom law
3. You or your partner must be living in England or Wales when you apply for the divorce or one of you must have been living in England or Wales during the year before the application is made
4. Your marriage must have irretrievably broken down (see below)
What are these tax credits I keep hearing about and how do I find out whether I am entitled to them?
There are two tax credits that are available: Working Tax Credit and Child Tax Credit
Working Tax Credit (WTC) is a payment to top up earnings of people working on low incomes. You do not need to have children to qualify. Claims can only be backdated three months, so you should claim as soon as you can. WTC is paid by the Inland Revenue. You can claim WTC if one of the following applies:
you have at least one dependent child, and you (or your partner if you have one) work for at least 16 hours a week, or
you (or your partner) are aged 25 or over, and work for at least 30 hours a week, or
you have a disability or health problem that limits the work you can do or
you are aged 50 or over, and work for at least 16 hours a week
How much WTC you get depends on your yearly taxable income before deductions. You get more if you are disabled or work for 30 hours a week or more
If you already get Housing Benefit or Council Tax Benefit a claim for WTC will reduce the amount of help you get with these, but you will still be better off
It is very important that you tell the HM Revenue and Customs if your circumstances change. If you are overpaid Tax Credit, the HMRC will claw it back. You must do this within three months of the date of the change
The other tax credit available is the Child Tax Credit. This is for those responsible for a child or young person and who have income below a certain amount. All households with an annual income of £50,000 or less will qualify for some Child Tax Credit. The amount you get will depend on how many children you have, and whether they have any disabilities. Child Tax Credit is available whether or not you are in work and is paid to the main carer in a household, usually straight into a nominated bank account. Child Tax Credit is paid in addition to Child Benefit
How do I claim tax credits?
Claims for both the Child Tax Credit and Working Tax Credit are made on the same form (TC600). It may be easier to complete the application form online at the Inland Revenue website. You can also visit the website to check whether you are eligible to receive any Child Tax Credit or Working Tax Credit
Contact us if you need further help in this matter
What benefits am I entitled to now that I have lost my job?

There is no straight forward answer to this because the benefits you are entitled to will depend on your individual circumstances.

If you are looking for work you may be entitled to Jobseeker’s Allowance. Jobseeker's Allowance (JSA) has both a contribution-based and an income-based element. If you have paid enough Class 1 National Insurance (NI) contributions, you will get a personal rate of contribution-based JSA as long as you are available for and actively seeking work

If you do not qualify for contribution-based JSA, or it does not fully meet your needs, you may qualify for income-based JSA. If you own your own home and you receive Income Support, income-based Jobseeker’s Allowance or Pension Credit, you can be entitled to help with your housing costs, although you may not be able to claim this immediately

You may be entitled to Child Tax Credit (see above) if you have children. If you are sick or disabled you may be able to get Incapacity Benefit or Income Support. If you are a lone parent or a carer, you may be entitled to Income Support. You may receive help with rent and Council Tax by applying for Housing Benefit and Council Tax Benefit. If you are on benefit, tax credits or on a low income, you may be able to get help with other costs, for example, prescription charges

As shown above some benefits are contribution based while other benefits are means-tested which means that an assessment will be made of what income, savings or capital you have

As you can see, circumstances will dictate what benefits are available to you and you would need to contact us to discuss this in depth

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