Jump to content


  • Tweets

  • Posts

    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Overpayment of income support taken from DLA?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5936 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I recently received a letter from the DWP saying they will be taking £80.32 from my benefit every 28 days. The only benefit I'm on is DLA. I thought this was not taken into account when assessing income? Can income support overpayment be deducted from DLA? I haven't been on income support for some time. It also seems a lot to be taking out of my benefit as I get £60 per week DLA. My only other income is a student grant.

 

Dee

Link to post
Share on other sites

Is it for IS overpayment though? You don't say for sure. Can you give a bit more information?

 

One fact is certain, if you have been overpaid, they'll get it back off you. Since DLA is not income based, you could be getting it even if you were wealthy, so I'm not sure what you mean by "not taken into account".

 

Anyway, if you can give us a bit more background info, it might help.

Link to post
Share on other sites

overpayment deductions as well as social fund repayments can be deducted from any benefit. You can ask for a breakdown of the overpayment, but normally you should have had some details of this prior to the deductions being added onto a benefit. Is DLA your only benefit and do you have any other income. If you are on a low income you can ask that the deductions be reduced, but the amount appears to be about a third of your weekly benefit which is about the normal "max" deduction that can be taken from a benefit.Remember if you have a partner any income assesment for an income based benefit would be a joint assesment. If you have no partner and no other income/savings I don't understand why the only benefit you would be on is DLA?

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

Link to post
Share on other sites

I'm on a student grant and DLA. I don't have any other income or savings. I'm divorced so I don't have a partner living with me. I have had previous notification of the Income Support debt - which dates back to 1997-1998 - but I had forgotten all about it over the years. Then I get this letter out of the blue saying they are going to deduct £80 every four weeks out of my DLA.

 

When I've applied for housing benefit etc, in the past, the DLA is not included as 'income'. It is not taken into account in the amount they say you must have to live on. That was why I wondered about this and whether they were able to take the money straight out of my DLA.

 

If I owe it, I owe it, I'm not trying to shirk my debts, but as I'm on a low income £20 a week is a big reduction.

 

Dee

Link to post
Share on other sites

I think that you need to look at this from a different angle and contact Welfare Rights in your area as soon as possible.

 

Obviously if you owe the DWP they will take it off you somehow but Disability Living Allowance is what the Government have calculated you need to manage as a disabled person, in order to cover the additional expense of being disabled.

 

This means that if this causes you hardship you need to appeal immediately and have the deduction reduced to a manageable level.

 

Welfare Rights have the knowledge and capability to help in such situations and I would recommend an immediate appointment. Meanwhile it MAY be worth giving the DWP a ring and using the expression "cause hardship" and see what they come up with.

 

Good Luck.

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

Link to post
Share on other sites

Thats just what I was going to say lol. DLA is in no way an income based benefit and can be claimed even by a millionaire! I suspect therefore they are trying to implement the highest deduction they can, but obviously they won't have access to what you actual total income is. If you have any doubts about the overpayment itself you can query that, but if you know you owe it you should still be able to ask for a lower repayment. Welfare rights are good in that they can negotiate on your behalf, but you should be able to ask for a reduction by yourself anyway. Worth remembering just in case there is a long wait for an appointment with your local WR office.

Good luck hope you get it sorted soon :)

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

Link to post
Share on other sites

Thanks. I've phoned the DWP and they say they can take money from my DLA despite me stating the points mentioned above. They say they can take a third of my DLA, which is what they are going to do. I did ask if I could reduce this to smaller payments so they are sending me out a form to fill in.

 

I do think I owe some money but I need to query the amount.

Link to post
Share on other sites

I guess this comes down to what they CAN (ie are able to) take and what they SHOULD (given the circumstances) take.

 

Obviously the first thing to do is establish the amount owed. For this it may be pertinent to send them a Subject Access Request in order to establish what was paid to you and when and therefore giving you the amount that they are claiming.

 

Once the amount is established then Welfare Rights can help you to get the amount being taken down to an affordable limit.

 

I would recommend having a scout through the library letters and sending an SAR, meanwhile make an appointment with Welfare Rights as soon as possible.

 

Keep us posted. :)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

Link to post
Share on other sites

  • 3 months later...

There is a very small amount they can (supposedly) legally take each month, They do this to my husband - something like £3 a week, so challenge them on this and mention it to your welfare rights officer. We currently have a money advice person investigating this because in theory they shouldnt touch DLA at all. Glad to see someone else has this problem. Will let you know as soon as we have an answer.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...