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    • 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.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • 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.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 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.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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    • 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.

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DWP, compliance interview


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Hi,

I have been claiming Esa and Pip for a couple of years and in May was awarded Pip again till 2027 and was informed that my ESA would also continue.

I have recevied a letter from the DWP compliance office saying I have to go to an office interview in THREE weeks, that is along time to worry as my situation has not changed since being awrded ESA and PIP.

 

The headline says, "We need to talk to you about some changes that may affect your benefit payments.You must be available for this isterview and have all the information listed on page 1and 2 with you".

 

Just so I can calm down a bit does anyone know what this is about, do I need to see a solicitor am I having a recorded interview under caution?. I have looked through the internet but the more I read the more I panic. Some say it's abou fraud?.

 

As I have said none of my circumstances have changed at all over the years being on benefits.

 

Thankyou in advance

 

nickscrypt.

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Compliance isn't the same as an interview under caution. If it was under caution, the letter would say it would be under caution.

 

I've had one of these. Someone had reported me for fraud. But they didn't supply enough evidence and the job centre / DWP were just checking everything was above board. Whereas with interviews under caution, they would have received far more information. (they'd just been informed I'm not that disabled and nothing more)

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They are most often just random checks, most likely your name has been selected out of the hat. If you read some of the threads about compliance on here, there are even some where people have ended up better off.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thanks for the replies, I keep myself to myself as I very rarely get out but its the phrase

 

"We need to talk to you about some changes that may affect your benefit payments.You must be available for this isterview and have all the information listed on page 1and 2 with you".

 

that bothered me the most, It seems they are making changes to my benefits but I cannot see for what reason.

 

Thanks

 

nickscrypt

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The wording of many of the letters that the DWP send out could be written in a much less threatening way.

 

Several years ago, I had one from their debt recovery department chasing after a small overpayment. The way the letter was worded inferred that I had set out to defraud the DWP. A strongly worded reply regarding their cavalier attitude to record keeping and a suggestion that an apology was required before any further negotiations resulted in a terse response that "we consider the debt to be non-recoverable".

 

Compliance interviews are nothing to worry about. More often than not, a minor change in circumstances has triggered a review of your claim and the DWP just want to confirm a couple of details. It is nothing to worry about, and if you have difficulty in getting to the interview venue, you can try requesting a home visit.

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Again thanks for your reply, I have been thinking (too much) and the only thing I can think of is I have a dispute with HMRC over WCT and when I went on to ESA I had split payments for the first 6 months but then it carried on split for about 18 months then I got a letter saying I owed WTC money and have since had letters threatening all options. Now I did send a letter to WTC (recorded and signed for) telling them they where informed but I never got a reply and that was in February this year (I still have proof of posting). The mad thing is if you add up the split payments they eqate to the exact amount I should have been paid by ESA alone so if anything the DWP should be paying the money to HMRC?.

 

Can HMRC take overpayments from ESA/Pip?.

 

Am I correct in thinking that HMRC and the DWP share information when it suits them.

 

Sorry if my questions are stupid as I am clearly not thinking straight.

 

 

nickscrypt

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  • 2 weeks later...

I sincerely doubt the interview has anything to do with HMRC, they can and do share information but a dispute is unlikely to flag up any irregularity. As said above, most likely it's just random and if there was any real doubt about your benefit claims, it wouldn't be a compliance interview.

 

Try not to worry any more than you absolutely have to, and let us know the outcome please.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 4 weeks later...

hello

Had one of these today (having read the threads and others before hand) , have been on ESA as well as lowest DLA since 2011 due to head injury, OK I have tried to get back to work but due to injury issues and unsutible working conditions these did not last,now I have been offered up by the taxman even though I tried to notify the DWP before hand yet they only have either a recorded msg or an operator that knows almost very little regardless what information you give, Now the interview started with the "unlawful work issue" and I was honest about it all, brought all relevent paper work (not interested) said he would fill out the form I would check it and sign it...asked questions NOT about benefit, household members, ages, etc, and as he was filling out this form I gathered up all my papers and walked out, now if I go to court so be it, one will not sign paperwork that is not to my benefit and i am happy to involve legal reps but NOT on my own. the law states you have the right to say nothing, these people have no civil or legal rights SO take a solicitor with you and most important SIGN NOTHING. They are out to get you anyway they can. all to get back the pitance they give you, and treat you like a beggar. These people are agency staff, with no paid Hols or sick pay and 3 months they get replaced. Stick to your guns and the truth regardless.

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hello

Had one of these today (having read the threads and others before hand) , have been on ESA as well as lowest DLA since 2011 due to head injury, OK I have tried to get back to work but due to injury issues and unsutible working conditions these did not last,now I have been offered up by the taxman even though I tried to notify the DWP before hand yet they only have either a recorded msg or an operator that knows almost very little regardless what information you give, Now the interview started with the "unlawful work issue" and I was honest about it all, brought all relevent paper work (not interested) said he would fill out the form I would check it and sign it...asked questions NOT about benefit, household members, ages, etc, and as he was filling out this form I gathered up all my papers and walked out, now if I go to court so be it, one will not sign paperwork that is not to my benefit and i am happy to involve legal reps but NOT on my own. the law states you have the right to say nothing, these people have no civil or legal rights SO take a solicitor with you and most important SIGN NOTHING. They are out to get you anyway they can. all to get back the pitance they give you, and treat you like a beggar. These people are agency staff, with no paid Hols or sick pay and 3 months they get replaced. Stick to your guns and the truth regardless.

 

So you worked and tried to declare it, but didn't?

 

If so then you are in the wrong and they would have taken an MF47 informal statement to that effect as you failed to declare the work, in order to get the past period overpayment calculated.

 

All that will happen now is that potentially you're benefits could be stopped until such time you co-operate and rectify the situation.

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no I tried to declare and was told that as I have not been paid or not worked for or claimed for two weeks then I do not need to declare until the working month and i get paid. which I did. I then got a false tax return and thats how this started. I have never worked and claimed in my life and this is the first time since I was 14 that I have had to claim and thats only due to my accident which left me in a coma for three months and then out of work. The system is set out in such a way that its impossible to get the correct information or talk to anyone who has any. I am only a fully qualified Electrician and do not need to be out of work or harassed by low level office staff. oh and I dont care what they think I walked out of the meeting before signing anything. I only wanted to warn people about the game that is being played I never asked you or anyone to look down their nose or judge me, I tried to be my usual honest self. As you do not know me please keep your ill informed opinion to yourself. Thank you.

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