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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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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.

      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DLA Past Presence Test, Genuine sufficient link


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Hi I would be grateful for a little bit of help, or confirmation that I'm on the right tracks for putting my case forward to DLA for mandatory reconsideration please.

It involves the past presence test, genuine sufficient link test etc.

Basically I really could do with someone showing me where to find the relevant decision makers guidance and confirming whether what I'm going to write is correct.

I have found some DMG but I don't know if its up to date, so Ill need to ensure I link the correct DMG paragraphs etc to support my claim.

 

Basically we do not meet the past presence test as only returned to uk in nov after living in Australia for 18 months....but I believe we meet the other three criteria involving eu regs, hab residence, self employment etc, genuine sufficient link to uk....meaning, I think, that this means past presence need not apply to us.

We are British born, lived in uk al our life barr 18 months, have worked in uk most of our adult life, live here now, wife self employed , both have nics paid, kids go to school here/college etc.

 

http://www.legislation.gov.uk/uksi/1991/2890/regulation/2A

 

I need help how to link and word this please.

Thank you

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Claims by Incomers

16 The first step is to establish whether the claimant is within the personal scope of the EU co-ordination regulations1 and whether the UK is the competent state for

paying DLA (Care), AA or CA.

1 1 Reg (EEC) 1408/71 & Reg (EC) 883/04

17 If the UK is the competent state and the past presence test is satisfied as at the first day of entitlement then it is not necessary to consider whether the claimant has a genuine and sufficient link.

18 Where the past presence test is not satisfied, the DM will need to establish whether, as at the first day of potential entitlement, the claimant has established a genuine and sufficient link to the UK. The factors set out in paragraph 14 above should be considered. This may result in the DM deciding that there is no entitlement until the past presence test is satisfied.

 

CERTAIN EMPLOYED AND SELF-EMPLOYED PERSONS

21 The following persons who are EEA or Swiss nationals are treated as satisfying the past presence test (DMG 070994), and DMs do not have to consider whether the have a genuine and sufficient link with the UK

Persons who are currently employed or self-employed, who pay UK national insurance contributions (and their family members). This includes posted workers (see DMG 070976) and frontier workers (see DMG 070977) and

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If anyone can help me Id be really grateful, I only have 4 weeks from 30th Jan to do a mandatory recon.

I have some of the DMG volumes and relevant indication numbers, if someone can help me clarify if I'm correct it would help me massively in wording this mr.

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Its more so a person wo knows how to interpret Decision makers guidance which I need....they've declined based upn not meeting past presence test, nothing to do with his disability, more on a legal point really.

I have the guidance which I think I can use to defend it, but I'm just wanting a legally minded bod to give me the nod to say I'm interpreting it correctly really. (or not)

Thanks

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