Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I wonder if anyone could help or advise in my latest crisis? I will attempt to keep a lid on my anger toward the Government & benefits agency! However, since 1989 I have served Queen and Country, then following a serious accident in 2005 i was medically discharged from the Army (sever traumatic brain injury) and since june of last year (07) I have been at the mercy of the Dickensian way in which this countries Veterans are treated by the benefits system. Suffice to say being severely brain damaged i am unable to work so have had to swallow my pride and claim incapacity benefit. Not only do they deduct 50% of my benefit because of my service pension, but in January this year they fist told me that they had paid me too much benefit to the tune of £250 or there abouts. And i must pay it back immediately in one lump sum??
I disputed this and today have received a letter from them saying that they have "independently" looked at the facts, evidence and points raised, and as a result "we" have not changed our minds.
I never for one moment thought they would!
I am still intent on appealing against there so called "independent" decision. And pretty much just being as stubborn and dragging my heals as much as i am able.
Does anyone know, how do i go about getting the "information" they have used to come to this decision?.
Would i have to pay a fee, if so how much?.
Are there any template letters or "legal" jargon i should include in my letters?.
Should i send my correspondence by registered mail?.
I have no doubt at all that because of their unprofessional ineptitude and the way they act with near impunity i will be forced to pay it back. Regardless that they were aware of all the facts from day one! Any help advice or assistance will be greatly appreciated, and i thank you in advance for your time...
I've noticed that you no one has replied, I am replying to BUMP your Thread I am sure someone will advise you further.
You can also click on the on any posting, and ask for people with some experience to look at the thread, it does work.
I'm not sure but i think a SAR would be the first step in getting information but i'm sure someone in the know will be able to advise better.
Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.
I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)
When the benefits office sends you a letter about their decision, if you do not agree, you can ask them to explain or reconsider it.
If you're unhappy with a reconsidered decision you can appeal.
You can ask for an explanation or reconsideration of every decision, but some benefit decisions cannot be appealed.
For example, you can't appeal against decisions on Budgeting Loans, Community Care Grants or Crisis Loans. The decision letter will make it clear if it can't be appealed.
Deadlines
You have one month:
after getting a decision to ask for it to be explained, reconsidered or to appeal
after getting a reconsidered decision to start an appeal
A late appeal may be accepted if you have special circumstances that prevented you appealing in time, but not if more than 13 months have passed.
How to appeal
Information on how to appeal is normally included in the decision letter.
In most cases, it involves filling in the appeal form in the leaflet: 'If you think our decision is wrong' and posting it to the benefits office dealing with your claim.
You can pick up the leaflet at your local benefits office or download it, below, from the Department for Work and Pensions website.
If you're no longer in receipt of the benefit that was overpaid, you'll usually receive a bill to cover the overpayments.
Before you start making repayments, you'll be given time to:
say if you think the decision to make you repay the money is wrong
agree a payment plan with the office that deals with your benefit
If you are still in receipt of benefit, a certain amount will be taken off your benefit until you've paid back all the overpayment. You have the right of appeal against most overpayments; deductions will normally be made from your benefit one calendar month from the date you were told about the overpayment.
also came across this and it looks like you can pay in instalments
Many thanks to everyone that has replied with info, i will again appeal the decision for the second time and also ask them for the information they have which they used to come to this decision. I'm absolutely furious at their attitude, and there sheer audacity, there fault and mistake yet without any recourse or consideration they have decided to put my account in their debt management center! I'm so angry! Thanks for the advice, if i pick up any tips how to deal with these clowns I'll be sure to pass them on.
After 7 months of them remaining defiant and adamant that they were right! I WON! They made the mistake from the very beginning as I had told them I was in receipt of a Pension, they just chose to ignore it! Therefore their inept and unprofessional staff are now unable to claim the over payment back, and just when there last letter had stated they were going to reduce my benefits so I could pay them back, I will be happy to help out anyone else who might be having trouble with the DWP's debt management centers, especially the "Bradford" one as I now have the details of a customer liaison manager and not the muppet of a debt centre manager!
Wow congratulations to you
Well done, see what you can do when you try
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
Remember to frame that letter- it will be great to show in years to come that you beat them. I keep a similar letter for those days when it all gets me down.
Congratulations.
Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!
Thames Credit -statute barred sent 13/11/08
BCW- prove debt letter- 14/08/08
Apex- CCA 14/08/08
Redcats UK- SAR 14/04/09
Call Serve- CCA 14/08/08
Littlewoods- no CCA letter 03/09/08- Lowells now
Wescot- CCA 19/9/08
Capital One/Debitas- now with Lowells
Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .
Keep an eye on your benefits because even though you have won doesn't mean they won't deduct money because the left hand seldom knows what the right hand is doing
Challenging Incapacity Benefit overpayment!
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Re: Challenging Incapacity Benefit overpayment!
