Jump to content


  • Tweets

  • Posts

    • If a DCA supplies a reconstituted copy of the CCA what would be the next step. It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.        
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
    • UK travellers are being caught out by post-Brexit passport rules.   When do I renew my UK passport and what is the 10-year rule? WWW.BBC.COM UK travellers have been turned away at airports because their passports are not valid for EU travel.                                   
  • 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

accused of benefit fraud


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

Thread Locked

because no one has posted on it for the last 5088 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

:-(I have been wrongly accused of claiming benefits for IS. I had to attend an interview under caution which i attended in November with my solicitor. They told me they had been tipped off that i had a partner living with me for 2 years!! my home had been under survalince for around 8 weeks & they had sightings of a male coming out of my home on a morning on three occasions ( dates 7th, 24th & 31st) all in one mth. i explained the situations one of those times i wasn't even there myself as i had attended a family party 80 miles away from my home with my 2 children, i explained my ex was there lookin after my home & dog. end of the day just because we dont want to be in a relationship with each other it dosnt mean we have to fall out. i will not allow my children to stop with him at his parents over night due to his past drugs use. i dont want to get solicitors involved arranging contact centres as i feel this could push my ex bk to his old ways. i still care about him regarding that as it will be my kids that would suffer when i stop him seeing them totally if that did happen again. however that is the only evidence they had. which i had nothing to worry about because i wasnt doing anything wrong. on the other 2 nights i explained im a full time mature student that has alot of work to do for my course. im not fortunate to get help from my family with babysitting while i study as they all work long hours during the week. so every now & again i will allow there dad to stay here in my spare room while i have a full nite with my studying alone without getting disrupted.

I've just had my decision back after all this time...the letter says they have decided im no longer entitled to IS due to me having a partner living with me (Still now) i am absolutly gobbed smack i couldnt believe this was happening to me. i honestly thought the decision would be nothing to worry about. My IS was stopped from then, i was on full rent & council tax & to make it worse they have stopped the childcare which was funded by new deal so now im unable to finnish my course which im really upset about. im doing so well ive even been doing voluntary work to help me gain the experiance i need for becoming a youth worker. this has turned my whole life upside down, i cant concentrate with anything. ive put in for a review but in the mean time i dont know what to do? ive rang every where for help & advice, i feel absolutly let down by this. how can someone be so nasty & make these wrongly accusations & put me under so much stress! & why have the DWP come to this decision. Has anyone else been in this situation? what happens next? how long will it take? what if they still say im not telling the truth? im desprate for this to be resolved but over my dead body will i admit to something i have not done. this is so so stress full & i wouldn't wish this happening to any one who is innocent. i think the people who ring & make these false accusations should leave there names & be prosacuted there selfs in these situations. what happens if they keep doing it to me will i have to go through this all the time. to make matters worse i have now told my childrens dad i can not have him at my house in future which now has made alot more problems for me & him & the children. wat a mess

Link to post
Share on other sites

I take it your childrens Father is employed.....

Does he not pay Child Support?

 

Or if he does not work then what difference would it have made to your benefits had he lived there?

 

What financial gain can you have achieved in either of these situations.......

 

Dont bother replying if he works and you have not claimed Child support.....

 

i appplaud you for trying to get yourself qualifications and training for a career.

 

Its fortunate that you have a week off from attending college over the next week as its half term so you can get some valued practical work in for helping those youths you aim to help in the future.......who can benefit from the struggle you are going to have to overcome.

Think of it as a test of your character and invaluable experience.

 

The council cant be all that bad to allow you to rent a property that affords you a "SPARE BEDROOM" with 2 children,

Link to post
Share on other sites

Hi Luvmykids

Sorry your going threw this right now, I have had to go through this also, and am still awaiting a decsion, its worring for you, I know too well, yes they can stop your entitlement if they believe they have strong! evidence you have commited fraud, but with what your saying, it doesnt sound like it?? which I am puzzled about too, but I have a solicitor, and she did say, they do act on the most minor of things, ie a bill in a name or credit check in that person name in your address, which we all know when we get credit checks, we have to give old address if your address is of less than 3 years, but trouble with dwp, they dont see it like that, they will hound you all the way, because they bank of people cracking up and admitting they are doing wrong, all you can do, is appeal at the moment, and thats when you will have your time to defend yourself, but i know that doesnt help you in the meantime with finances, sorry, I dont even know if my benifets will be stopped yet, if they do, I will have to move out of my home and live with family or friends, because I could not afford the rent myself, I am on esa now and im not to good with health problems. If you want any further advice, PM me, please take care of yourself in the meantime x

Link to post
Share on other sites

This is getting worse every day, i have now been told by the dwp i can not have any further crisis loans as i have to wait my appeal!! what about my rent account?? i've now had to get my self alot of support from advice centres, health visitor, solicitors and ive even been to see my dr as im having sleepless nights. my college work has suffered and i'm now thinking about packing it all in and getting some paid employment so i can afford the rent. i have done phone call after phone call and attended appointment after appointment im at my wits end and seem to be getting no where. I've put in a new claim for Is and been refused because i said my circumstances have not changed. which in my eyes im still a single parent with 2 children. if i'd av said id recantly splitt from a partner i would be entitled. but i'm not going to say that when i've been splitt up 13 mth. so now i'm having to appeal that decision also. i wish they would just visit my home and have a look round and put a stop to all this. what gets me though is that my ex is no longer employed and he can claim jsa from his home address but i can't claim IS because he apparantly lives here. i had an appointment at the dwp yesterday (which was a totally waste of my time the lady i spoke to had no idea what she was on about. she told me my ex claiming was not proof that i didn't have him living with me??? and told me to make me or him claim for the whole family when he dosn't live with us. in the end i lost my temper how many times do i have to repeat myself. i am not with him in a relationship or living with him. this is so stressful.

Link to post
Share on other sites

  • 3 weeks later...

try to keep calm as you have got a long time to go till it all gets sorted out. they (DWP) try to grind you down to make you give in ond pay wot ever they want back. i was in a situation like yours. i had my first interview in january 06 and denied all allegations as i was inocent. my second interview was in march 06. my benefits had stopped, i was bringing 5 kids up on my own feeding them toast every day as couldnt even aford to shop for food. i had to sell anything i had worth owt. iwas told my case was with a decision maker and they would let me know when the decision was made. i heard nothing,each time i phoned no decision made yet. the next thing was a dept letter for 50,000. i appealed and waited for a tribunal it took months and all the time constant dept letters demanding 50,000 every week and phone calls demanding payment! then tribunal had to wait for court date. so i went to magistrates court, then had to wait for crown court. all the time getting dept letters. council tax started sending bailiffs demanding 2000 they were very abusive and threatening. i eventually went to court inMARCH 2008 two year after my second interview!! i stood on trial for 5 days with a judge and jury. was being charged with 5 counts of benefit fraud but it got split into 12 counts during the trial. at the end i was found guilty of count 12 only and not guilty of other 11. the judge said the over payment will now be 3000. if i had been found guilty of all counts iwould have gone straight to prison for two year. i new i was inocent thats why i kept fighting. but it didnt stop dept letters they still wanted 50,000. i had to fight a tribunal that happend in augast 08 and i won that aswell and i am still now fighting to get the 50,000 down to 3000 like the judge and the tribunal said but the DWPthink there above everybody, i cant believe they get away with it but they do.

Link to post
Share on other sites

this is now my 8th week with no benefits, my housing benefit is still also cancelled. im living on child tax & crisis loans. my bills are not getting payed. a new claim for IS has also gone to a higher decision maker as i have said my circumstances havent changed (no partner has moved out) im still un able to claim....what do they want me to do lie n say he's moved out???? all i keep getting told is be patient!!!!! now im seeking legal advice also about contact for my child and his father as i now know he is taking drugs again! wat else can ever go wrong now. with the stories ive been looking at on this site ive now come to the conclusion that my review will come back stating the same (living with a partner) there going to take it to the exstream arnt they???....well im sticking to my guns also no way will i be pushed to admitting something i havnt done even if it means i have to quit college, my home or anything else its just not happening!!!

Link to post
Share on other sites

  • 1 month later...

hi there as you can see by my thread i am going through the same thing...... however my boyfriend is not the partner to my children, i have electoral roll, letters from the last 6 years, statements from his parents on how much board he pays a statement form him....etc etc i had much more but they refused it at the interview. i am so upset after readin this, you poor thing !! from what i have read and advice from cab solicitor etc there is no way that they can make their decision on just surveillance and a allegation???? especially if there was pretty reasonable explanations for it all, if anyone can read my thread and offer advice id be grateful cuz its turning my life upside down , good luck to you darlin, i hope they see sense !

Link to post
Share on other sites

hi there as you can see by my thread i am going through the same thing...... however my boyfriend is not the partner to my children, i have electoral roll, letters from the last 6 years, statements from his parents on how much board he pays a statement form him....etc etc i had much more but they refused it at the interview. i am so upset after readin this, you poor thing !! from what i have read and advice from cab solicitor etc there is no way that they can make their decision on just surveillance and a allegation???? especially if there was pretty reasonable explanations for it all, if anyone can read my thread and offer advice id be grateful cuz its turning my life upside down , good luck to you darlin, i hope they see sense !

 

We would if you'd provide a link:rolleyes:

Link to post
Share on other sites

Hi all! i've had the best news ive had all year! my appeal came back and i was found NOT to be living with a partner whhhooooopppp whhoooppp:). yes im really pleased that ive been now cleared and all my benefits have now been reinstated. got all my bk pay (which is takin myself and my kiddies away for a few days next week. need to make it up to them with all the stress ive had made me not my happy mummy self) im still having problems with the housing benefits at the moment my housing benefits are bk in payment but the over payments is causing a little confusement due to me having 4 appeals at the same time (so basicly they dont know what they are doing) however its getting sorted!!! im now happily getting through my last 2 months of college with no worries! but i do know one thing for sure i will be back in work as soon as this course is done and i never want benefits to ever have the chance to do this to me again. it has been the worst 3 months of my life. anyone that is going through the same my advice is DO NOT BACK DOWN NO MATTER HOW HARD THIS GETS IF YOU ARE NOT GUILTY STICK TO YOUR GUNS!! i know at times i felt like just giving in and admitting to things i had not done just for it all to stop... but dont. i am a strong willed person and can deal with most bad things life throws at me but this OMG it turned me upside down & inside out. i really do feel for anyone going through this when not guilty and i hope the end out come is just as good as mine was. im going to complain to the dwp as they could have ended my career as easy as that when ive worked so hard. i doubt very much that i wouldve gone bk in sept to start it all again i wouldnt have had the heart too. but at least my life is now bk to normal;);):-)

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/254859-interview-under-caution-living.html#post2866404

 

sorry there is the link, i thought by clickin on my name you would get to it x

am so glad things went well for you i just hope that mine does too !! they only saw my partner a few times over 2 surveillances 3 months apart !!! all explanations and evidence presented but not needed....apparantly we will see when the decision comes through, get on with your life now darlin and good luck to you xx

Link to post
Share on other sites

hey....ive just had a letter from the local jobcentre asking me to attend an interview as a "query" has arisen with my claim (i claim IS, HB & CTB) but it does not specify which one however i think its IS??

I have been asked to provide, 3 months bank statements, full birth certs for myself and my 2 children, my tenancy agreement, and passports.

Does any1 have any idea what this could be about???

Link to post
Share on other sites

It'll be for I.S. because HB and CTB are Council administered.

Nevertheless if the JCP stop your IS they'll tell the Council and the next thing you know is when your HB and CTB get stopped without warning, thus creating even more hardship.

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.

Link to post
Share on other sites

ah i see, i can not see why they are calling me in though and i have no problem with providing the information they want as i have nothing to hide! However I am wondering whether a jealous ex is to blame and made a false allegation, as ive never known anyone to be called in and asked for all this information just for a random spot check??? When i telephoned to ask if it was ok ifone of the passports were outdated, i also asked what it was regarding...i was told it was to check im receiving the correct amount of money? Im nt convinced thats the reason!

Link to post
Share on other sites

Hi all! i've had the best news ive had all year! my appeal came back and i was found NOT to be living with a partner whhhooooopppp whhoooppp:). yes im really pleased that ive been now cleared and all my benefits have now been reinstated. got all my bk pay (which is takin myself and my kiddies away for a few days next week. need to make it up to them with all the stress ive had made me not my happy mummy self) im still having problems with the housing benefits at the moment my housing benefits are bk in payment but the over payments is causing a little confusement due to me having 4 appeals at the same time (so basicly they dont know what they are doing) however its getting sorted!!! im now happily getting through my last 2 months of college with no worries! but i do know one thing for sure i will be back in work as soon as this course is done and i never want benefits to ever have the chance to do this to me again. it has been the worst 3 months of my life. anyone that is going through the same my advice is DO NOT BACK DOWN NO MATTER HOW HARD THIS GETS IF YOU ARE NOT GUILTY STICK TO YOUR GUNS!! i know at times i felt like just giving in and admitting to things i had not done just for it all to stop... but dont. i am a strong willed person and can deal with most bad things life throws at me but this OMG it turned me upside down & inside out. i really do feel for anyone going through this when not guilty and i hope the end out come is just as good as mine was. im going to complain to the dwp as they could have ended my career as easy as that when ive worked so hard. i doubt very much that i wouldve gone bk in sept to start it all again i wouldnt have had the heart too. but at least my life is now bk to normal;);):-)

 

Well done:smile: ........................now make sure your claiming ALL of the benefits your entitled to:lol:

Link to post
Share on other sites

Hi all! i've had the best news ive had all year! my appeal came back and i was found NOT to be living with a partner whhhooooopppp whhoooppp:). yes im really pleased that ive been now cleared and all my benefits have now been reinstated. got all my bk pay (which is takin myself and my kiddies away for a few days next week. need to make it up to them with all the stress ive had made me not my happy mummy self) im still having problems with the housing benefits at the moment my housing benefits are bk in payment but the over payments is causing a little confusement due to me having 4 appeals at the same time (so basicly they dont know what they are doing) however its getting sorted!!! im now happily getting through my last 2 months of college with no worries! but i do know one thing for sure i will be back in work as soon as this course is done and i never want benefits to ever have the chance to do this to me again. it has been the worst 3 months of my life. anyone that is going through the same my advice is DO NOT BACK DOWN NO MATTER HOW HARD THIS GETS IF YOU ARE NOT GUILTY STICK TO YOUR GUNS!! i know at times i felt like just giving in and admitting to things i had not done just for it all to stop... but dont. i am a strong willed person and can deal with most bad things life throws at me but this OMG it turned me upside down & inside out. i really do feel for anyone going through this when not guilty and i hope the end out come is just as good as mine was. im going to complain to the dwp as they could have ended my career as easy as that when ive worked so hard. i doubt very much that i wouldve gone bk in sept to start it all again i wouldnt have had the heart too. but at least my life is now bk to normal;);):-)

 

Nice to hear it went well for you, best wishes xx

Link to post
Share on other sites

It'll be for I.S. because HB and CTB are Council administered.

Nevertheless if the JCP stop your IS they'll tell the Council and the next thing you know is when your HB and CTB get stopped without warning, thus creating even more hardship.

 

They are not supposed to stop your benefits until matters are concluded & if they try kick up one hell of a stink

Link to post
Share on other sites

They can suspend payments of benefit pending the outcome of an investigation but this cannot be do so "willy nilly". One of the examples given in the DWP suspension and termination guide is that a suspension would not be appropriate if an anonymous letter was received stating that a person receiving JSA was working on a market stall, but it may be appropriate if a fraud investigator visits the market stall and sees the claimant working. The decision to suspend is that of a benefit decision maker, not a fraud investigator. They can suspend the benefit in whole or in part

 

They must notify the claimant of the suspension in writing using the draft letter DL/SUSTERM 1B

  • Haha 1

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

they are not telling me im being investigated though, they have invited me to attend an interview and asked me to take along all my paperwork...nothing as of yet to state an investigation?? Any ideas?

Link to post
Share on other sites

Compliance. I've replied on your thread. Your benefit is highly unlikely to be suspended during complicance checks.

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

It'll be for I.S. because HB and CTB are Council administered.

Nevertheless if the JCP stop your IS they'll tell the Council and the next thing you know is when your HB and CTB get stopped without warning, thus creating even more hardship.

 

It's classed as a change in circumstances by the council.

 

You are under an obligation to inform your local council office of any change within 30 days.

 

Until you contact them and provide proof they will automatically suspend the benefit payments.

 

It's a bit of a pain if you're changing benefits, ill or just had it stopped and need the income. Though it's understandable on the councils part as it stops overpayments to people not entitled any more or signing off.

 

They will/should send you a letter saying they've been informed of a change by DWP and giving you 30 days from the date on it to provide the evidence requested in it. It will also inform you that your payments will be suspended until such time and the claim closed after the 30 days is up.

 

As soon as the evidence is provided payments are resumed and anything owed paid.

 

It's usually sign a statement i.e. I am living off savings until..../provide 1-2 months of bank statements/letter off DWP about entitlement.

 

I've just had to do this (last Friday) as applying for ESA meant my JSA claim stopped automatically.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...