Jump to content


  • Tweets

  • Posts

    • 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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
    • Nice to hear a positive story about a company on this form for a change. Thank you
  • 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

DWP claiming I owe money from 1996


scooterist007
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2252 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

Hi,

this morning I received a letter from the DWP claiming I owe £693.10!

 

I am confused as they state despite previous letters they still havnt received the money!

 

well this is the first letter I have got from them!

 

I phoned them up and they say its for a budgeting loan and a crisis loan taken out in feb and apr 1996!

 

now I cant remember what I got 14 years ago and asked her why it has taken 14 years to ask for the money back,

to which she replied that they didnt know where I live!!

 

well they know my national insurance number and I have been working for a long time paying tax and national insurance so I cant see how they cannot know where I live,

 

she said I have got to pay it back,

and I told her that it wasnt me because at the date and address she said,

I was living with my first wife and they said it was only in my name,

 

now if I had a loan at that time it would of had to of been a joint claim,

also I asked her that if I had these loans then I would of had to sign for it and she said yes,

 

i then asked her for proof that I had signed,

she said that they cant give me proof,

also one of the address they said I lived at,

I never heard of that address!

 

Now I cant believe that they can still chase a supposed debt after 14 years!

Claim Woolwich

Data protection act letter sent 29/09/06

List of charges received 04/10/06

Claiming £2931.66 inc 8%

PreliminaryLetter sent 05/10/06

31/10/06 Offer of £1000!

LBA sent 07/11/06

 

Claim More Than credit card (Lloyds TSB)

Data protection act letter sent 29/09/06

Another Data protection act letter sent 03/11/06

 

Claim Captital One credit card

Data protection act letter sent 07/11/06

Link to post
Share on other sites

They can only recover this by taking it from benefit you receive now or in the future.

 

They cannot enforce it via the court system.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

Thanks for that,

 

I did receive benefits about 3 months ago for about 3 months but they never took anything out then,

 

but can they still enforce it as its 14 years ago?

 

I was under the impression that a debt was clear after 10 years if say I owed it to a finance company?

 

Problem is that im sure I never took out this loan with them as they say it was only took out by me and the at that time I was with my first wife and living with her at the address they state at that time.

Claim Woolwich

Data protection act letter sent 29/09/06

List of charges received 04/10/06

Claiming £2931.66 inc 8%

PreliminaryLetter sent 05/10/06

31/10/06 Offer of £1000!

LBA sent 07/11/06

 

Claim More Than credit card (Lloyds TSB)

Data protection act letter sent 29/09/06

Another Data protection act letter sent 03/11/06

 

Claim Captital One credit card

Data protection act letter sent 07/11/06

Link to post
Share on other sites

Also I am now about to claim working tax credits, can they take it out of that?

Claim Woolwich

Data protection act letter sent 29/09/06

List of charges received 04/10/06

Claiming £2931.66 inc 8%

PreliminaryLetter sent 05/10/06

31/10/06 Offer of £1000!

LBA sent 07/11/06

 

Claim More Than credit card (Lloyds TSB)

Data protection act letter sent 29/09/06

Another Data protection act letter sent 03/11/06

 

Claim Captital One credit card

Data protection act letter sent 07/11/06

Link to post
Share on other sites

Statue barring is six years from finance companies (five in scotland) and the DWP have six years to enforce recovery via the courts

 

however they can recover from benefit no matter how much time has passed;

 

there is no time limit for recovery from benefit.

 

They don't take it from Tax Credit.

 

If at any point they did try to take it from benefit you should dispute it and involve your MP if necessary.

 

The benefits system can trace payments,

i.e what bank account a payment went into,

or what post office a giro was cashed at

and they have all of this on the computer system,

so should be able to trace where the payment was cashed at the time.

 

There should also be paper records held in remote storage as claim files in relation to loans don't get destroyed until 6 months after the loan has been repaid at the minimum, though some are held for longer.

 

A claim file will consist of the original application form and the offer letter which is signed in agreement to the loan along with any prints from your computer record in relation to the claims.

 

They should be able to produce something in support of their claim that you owe this debt;

if they cannot provide proof your MP should be able to intervene on your behalf to cease the arrestment of your benefit and refund any payments taken up until that point.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

I did ask them about how the payment was made and she said it was a giro and gave me the name of the post office it was cashed at,

 

I also asked her that if I had a loan then I would of had to of filled out a form and signed it and she said yes,

but when I asked if I could see it she said that they cannot give it to me as they dont have it anymore,

 

I also said to her that my ex wife had also had some debts and one was from council tax and I had to pay it as it was taken out of my wages ordered from the court,

 

even though I had left her and had never lived at the address they said the money was owed and was only in her name,

 

but the dwp kept stating that it was a loan taken out in my name only,

which I find confusing as any benefit was a joint claim with my ex wife!

 

The dwp stated that I should phone up the job centre thats dealing with it which is southampton,

but at the time I was living in nottingham!

 

I did try ringing them today but they was closed.

Claim Woolwich

Data protection act letter sent 29/09/06

List of charges received 04/10/06

Claiming £2931.66 inc 8%

PreliminaryLetter sent 05/10/06

31/10/06 Offer of £1000!

LBA sent 07/11/06

 

Claim More Than credit card (Lloyds TSB)

Data protection act letter sent 29/09/06

Another Data protection act letter sent 03/11/06

 

Claim Captital One credit card

Data protection act letter sent 07/11/06

Link to post
Share on other sites

Council Tax and Benefits are dealt with by two seperate bodies, so the DWP cannot become involved in that (and will not show any interest in it, trust me) - but I can't understand how the council would get a liability order without proof that you were liable for council tax for that address. I would suggest you start a thread in the relevant forum about the council tax.

 

In joint claims to benefit there is only one person who is the "claimant", the other is the "partner". With joint claims only the main claimant of the qualifying benefit can apply for and sign the acceptance to receive the loan; the partner cannot claim in their own right.

 

They won't have the paperwork on site, as it will be stored in remote storage. The office who are dealing with it should be able to place a request for the file to be returned to them from remote storage.

 

The way benefits are delivered have changed drastically from 14 years ago. Social Fund (for budgeting and crisis loans) are no longer dealt with by your local office or by the office which dealt with your claim at the time as they have all been centralised to benefit delivery centres. It won't be a jobcentre that is dealing with it; jobcentres don't deal with Social Fund.

 

However if you are in employment at the moment it's likely your case will be transferred to the debt management centre.

 

The place that is currently dealing with the recovery will be on the top of the letters about it, and they should deal with any queries you have, not refer you elsewhere. My advise is to get your MP involved; they'll move sharpish then. If they can't produce the paperwork to prove you owe money they can't collect on it.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

I will be amazed if they can produce a social fund application from 14 years ago:rolleyes:.

 

If I were you I would write to them and keep everything in writing as opposed to telephone conversations.

 

I would be asking them to prove the debt was yours and produce the proof, as Erika says, no proof no paying up!

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

Link to post
Share on other sites

hecky t heck dont pay them a penny,

its obviosly not ur debt do not respond to the idiots

they havent got a clue wot ther doin,

 

it wud of been someone bored stiff one day typing letters up to evry tom dick n harry,

i wish they wud pull there finger out and notice my ex sister in law was a benefit thief and has been for years...

Link to post
Share on other sites

  • 2 years later...

well an update!

 

haven't heard anything from them all this time,

and tonight come home from work

and a letter from them saying i owe money blah blah blah,

 

rung them up and told them i am not paying as you cant prove i owe it,

and the guy said that the case is being put to the courts,

would the courts do anything about this after 16 years?

 

I asked the guy to prove i had a debt and he said yes cos it was on his screen!!!!

 

he also said that they have been pursuing debts from the 80's from people,

I want to know how i stand about this cos going by what he said i think i will either get a letter from the courts or be getting a visit from a debt collector.

Claim Woolwich

Data protection act letter sent 29/09/06

List of charges received 04/10/06

Claiming £2931.66 inc 8%

PreliminaryLetter sent 05/10/06

31/10/06 Offer of £1000!

LBA sent 07/11/06

 

Claim More Than credit card (Lloyds TSB)

Data protection act letter sent 29/09/06

Another Data protection act letter sent 03/11/06

 

Claim Captital One credit card

Data protection act letter sent 07/11/06

Link to post
Share on other sites

I asked him if the address to send the sar to was the same address thats on the letter i got and he said theres no point as he could tell me all the info which was nothing really!

Claim Woolwich

Data protection act letter sent 29/09/06

List of charges received 04/10/06

Claiming £2931.66 inc 8%

PreliminaryLetter sent 05/10/06

31/10/06 Offer of £1000!

LBA sent 07/11/06

 

Claim More Than credit card (Lloyds TSB)

Data protection act letter sent 29/09/06

Another Data protection act letter sent 03/11/06

 

Claim Captital One credit card

Data protection act letter sent 07/11/06

Link to post
Share on other sites

Send your SAR request to the local DWP office for the attention of the DATA protection Officer.

 

On the SAR form it give you space to name the offices which dealt with you claim and check that you want both clerical and computerised records in regards to Debts, and Loans and anything else you require.

 

(Get the debt info as it will have the diary entries of contact with you since 1996.)

 

You can fill it in on PC and print it off.

 

However it does take 40 days plus the days it takes to land on DPO's desk

so you still need to deal with the matters in hand.

 

I got my pdf copy of SAR from from a post by Erika on this forum. :)

Posted here again I think...

Edited by lucksic
additional information.
Link to post
Share on other sites

thanks for that lucksid

 

what do you find odd nystagmite?

Claim Woolwich

Data protection act letter sent 29/09/06

List of charges received 04/10/06

Claiming £2931.66 inc 8%

PreliminaryLetter sent 05/10/06

31/10/06 Offer of £1000!

LBA sent 07/11/06

 

Claim More Than credit card (Lloyds TSB)

Data protection act letter sent 29/09/06

Another Data protection act letter sent 03/11/06

 

Claim Captital One credit card

Data protection act letter sent 07/11/06

Link to post
Share on other sites

You can request a written statement of reason.

(WSOR) address this to the DM team at the Gloucestershire address,

 

remember to put your NI no on your letter of request.

 

Then you should get at least a copy of a screen print and an explanation of how the alleged debt was incurred.

 

Post everything signed for service and keep copies of everything you send or ask for.

Link to post
Share on other sites

I will be amazed if they can produce a social fund application from 14 years ago:rolleyes:. If I were you I would write to them and keep everything in writing as opposed to telephone conversations. I would be asking them to prove the debt was yours and produce the proof, as Erika says, no proof no paying up!

 

Back then it would have been the old DHSS offices and mostly still ran on paper work !

 

There most be some huge warehouses somewhere stocked up with huge mountains of DHSS paper work,with someone going over with a fine-tooth comb.

 

and costing a fortune to administer...

1aK+F4PJ7cBm32CUNiyI2GAAAAAElFTkSuQmCC

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

Link to post
Share on other sites

  • 5 years later...
Ok update, the dwp have taken money from my wages, can they do this without a court order?

 

What, they did nothing at all since your last post in April 2012 and then you suddenly found a deduction from wages in January 2018 with no prior warning?

 

Back in 2012 you were intending to submit a SAR.

 

Did you?

 

What happened?

Link to post
Share on other sites

What, they did nothing at all since your last post in April 2012 and then you suddenly found a deduction from wages in January 2018 with no prior warning? Back in 2012 you were intending to submit a SAR. Did you? What happened?

 

Well I never heard anything until recently,

 

I got a letter saying they were going to pursue the debt,

 

I then got another letter saying they were going to take money from my wages then when I got my wage slip they had,

I wasn't happy,

I didn't submit a sar as I heard no more and I really don't know where to send it.

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

They did this to me, They wrote to me about £104 i owed, I thought it was a bit odd because i have claimed nothing for over 30 years

 

I spoke to them and they couldn't tell me what it was for, But said it was from 1984 and i must have worked and claimed benefits at the same time

 

I told them that didn't happen, The next week they took it straight from my wages is one go

 

It seems if they think you owe anything from anytime, They will take it

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...