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    • 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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
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Dwp overpayment .. Their mistake??


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I am new to this forum so please excuse me if I've posted in the wrong place.

 

I received a letter today from DWP after I refused entry to a dwp when they would not tell me why they were at my door!

It states that I was overpaid ESA from 27/11 to 18/12 as I failed to notify them of my change in circumstances. They have also added on a penalty fine.

 

I did notify them .. On 22/11 by telephone and I have a record of making this phone call on my phone bill.

 

It must be there error and certainly not mine as I did notify them (a woman at the job centre standing in for my advisor who was off sick)

 

Just wondered what your experiences were and where I stand??

 

Thanks all x

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You are in the correct forum - I am sure someone will look in over the weekend for you :)

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Thanks :)

 

I'm really upset about it. The woman on the phone even gave me advice about claiming rtw and sent me the forms through the post .. But it seems did not update my claim details.

 

Do they not record calls as I can prove I rang them?

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Oops sorry, I thought that was where it was.. my apologies :(

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I'm really upset about it. The woman on the phone even gave me advice about claiming rtw and sent me the forms through the post .. But it seems did not update my claim details.

 

Do they not record calls as I can prove I rang them?

 

Some calls are recorded - Usually the ones made to a central call centre. Most calls to a local Job Centre would go unrecorded. With that in mind, it is difficult to prove that you notified the DWP of a change in circumstances unless you have written evidence. The first step in getting this overpayment decision reversed is to write to the benefit delivery centre that sent you the letter and ask for a reconsideration.

 

While the reconsideration is being processed, send a Subject Access Request to your local DWP/JCP office demanding copies of all computer records, clerical records, and hand written notes held by the office normally handling your claim as well as all records held centrally. You can use the attached form or type your own letter. See https://www.gov.uk/government/organisations/department-for-work-pensions/about/personal-information-charter for more info - In particular, note that the DWP do not charge a fee, so make free use of it.

 

Once you have copies of your records, you should be able to spot if this temp adviser had noted a change of circumstances. If, after reconsideration, the DWP still demand repayment and the records show that a change had been noted, you have good grounds to demand an appeal - If the reconsideration is returned before you get a response from a SAR, advise the overpayments team that you intend to appeal once you have been provided with documents.

 

Bottom line: If you can get them to acknowledge an official error in making an overpayment, they can not demand the money is repaid or levy any "fines".

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Unless the conversation was recorded, a phone bill proves nothing - In future, always record conversations or communicate in writing and keep copies of everything including forms the DWP ask you to fill in.

 

In your current situation, demand a reconsideration as part of a delaying tactic and get that SAR in as soon as possible.

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I'm sure they record every phone call. Not sure how long they keep them for though.

 

Fingers crossed then!

I find it outrageous tbh .. If I can prove I rang them surely that shows their failure and not mine. Talk about a backwards system .. The mind boggles

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Fingers crossed then!

I find it outrageous tbh .. If I can prove I rang them surely that shows their failure and not mine. Talk about a backwards system .. The mind boggles

 

Like everything to do with the DWP - it is for the claimant to prove everything even down to not receiving letters that they say they posted!

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I am new to this forum so please excuse me if I've posted in the wrong place.

 

I received a letter today from DWP after I refused entry to a dwp when they would not tell me why they were at my door!

It states that I was overpaid ESA from 27/11 to 18/12 as I failed to notify them of my change in circumstances. They have also added on a penalty fine.

 

I did notify them .. On 22/11 by telephone and I have a record of making this phone call on my phone bill.

 

It must be there error and certainly not mine as I did notify them (a woman at the job centre standing in for my advisor who was off sick)

 

Just wondered what your experiences were and where I stand??

 

Thanks all x

 

Can I ask how much the over payment amount is !

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

 

 

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As I feared. :(

 

It can serve as supporting evidence, but no, it doesn't prove anything in and of itself. Still worth mentioning, though, if you're asking for a reconsideration.

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It can serve as supporting evidence, but no, it doesn't prove anything in and of itself. Still worth mentioning, though, if you're asking for a reconsideration.

 

Thanks for replying. I have mentioned it and included a copy

In the letter for reconsideration. Time will tell but It seems the outcome is inevitable

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