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    • Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  
    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
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Really need some advice - having a home visit.


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Hi all,

 

I am not sure if i should be worried about this or not.

I am a lone parent and i am currently house sitting for my ex land lord.

He now works over seas and he is currently going to be away for the next 2 years approx. He is a non UK resident, so pays no tax etc.

 

As i was a good tennant at a property of his last year, he asked me if i would be willing to move into his own home and look after his dog and home and do bits and peices of admin for him - rent free while he is overseas.

 

I agreed and my daughter and I moved in at the end of last year.

 

In the property i was previously living in i was claiming Housing Benefit and Council Tax benefit - both of these I now no longer claim as he pays the council tax himself and i don't need to pay him rent as i'm sorting out his dog.

 

All of his belongings are in the house still (in a separate room from mine) and he still gets mail delivered to this address.

He even lets me use his car. ( so long as i pay for the upkeep of it, MOT's tax etc)

 

I have had a letter this morning saying that DWP have tried to visit me on two occasions, but i was out and that they are now coming to visit me at home next week " to make sure you are getting the correct amount of Income Support you are entitled to"

 

It says i need to provide 2 forms of ID and proof of birth date for my daughter.

 

It says its from the Performance Measurement department, from the Multi-benefit Review Officer.

 

I am just wondering why they want a home visit? Even though the owner of the house does not live here, can i still get into trouble if his things are still here??

Will they be checking for things like that??

 

Any feed back would be greatly appreciated.

 

Thank you.

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Hi Holly,

 

with a bit of luck someone more savvy than myself will come along with better advice, but in the meanwhile I'll give you my tuppence worth.

 

There shouldn't be anything to worry about, and, the "we tried to visit you" is a common ploy/lie to get you to ring and arrange a firm appointment - if only I had a quid for each time I've heard that old chestnut!

 

Whether your Landlord is in occupation or not should be an irrelevance as far as I.S. is concerned seeing as you are not his wife or girlfriend, if the DWP try to pursue this you can cover yourself by getting a signed "License to Occupy" or a "Tenancy Agreement" with your rent set as nil from your LL.

Hopefully your LL is actually paying the Council Tax, otherwise they could shift the liability onto you unless your License/Tenancy actually states that he agrees to pay the CT for the entire property, if CT liability is passed on to you then you should claim full CTB as your entitlement.

 

Try to down-play the helping with admin thing, what they don't know can't hurt them or you, I would imagine the admin side is basically just ensuring that the utilities bills get paid on time - something which most tenants have to do anyway.

 

Regards, Paul.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Hi there.

Just one thing to say - do not worry - you are not hiding anything and I feel that this is just a target driven thing.

I claim various disability benefits and I had one of these visits and all he did is go through my situation, check what I was receiving and made an enquiry about a benefit premium on my behalf.

Thee were no trick questions or interrogation so you have nothing to be concerned with at least in my humble opinion!

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I wouldn't worry about it too much. I was on IS between periods of employment a few years back.

 

I had very much the same letter. A DWP person just came out and just checked all my details were correct.

 

I was worried about it at the time, but everything was fine.

 

-Marie

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