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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Shoelover

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Everything posted by Shoelover

  1. Shoelover
    That only applies if the error is theirs. If you didn't inform them of the overtime then the o/p would be customer error
  2. Shoelover
    Court have to have a correct bail address.., don't do that!! Honestly the decision as to prosecution or not takes into account a great many factors, if you are really worried go on the DWP website & read the policy. Stop worrying though!!
  3. Shoelover
    HB is right... You have done everything you can and you are overthinking it & torturing yourself. You know that if it happens that you have people here who are happy to help. I doubt anything will happen this side of Christmas. Whilst the uncertainty must be horrid don't let it rule you, or ruin stuff for you. You have made your mistake & are dealing with it. It's very obvious you are sincerely sorry. Make a clean breast of it & tell the council about that other job. Keep the proof that you have to show that as soon as you became aware you did everything you could to put it right. Then take a deep breath & stick the kettle on. Put all this to the back of your mind. Hugs xx
  4. Shoelover
    That I can't answer.. It depends on workload & how quickly your council send it. They may decide not to.
  5. Shoelover
    The file would normally be dealt with I your new area & any court hearing (if it comes to that) locally. X
  6. Shoelover
    In the grand scheme of things £5,500 is not that huge. The papers prefer more salacious stories. X
  7. Shoelover
    Usually a high overpayment or a more unusual fraud, if the person is well known are usually cases that get into the papers. According to google over 10,000 people were prosecuted in a year. Few of those made it into the papers
  8. Shoelover
    Wise words & totally agree
  9. Shoelover
    I agree with MM.. Sometimes what I say is not what folk want to hear on here, but I feel I would be doing you a disservice if I wasn't honest. Knowingly allowing is hard to prove if not admitted by the partner but if you accept responsibility then they may well run with it. RTI is a fairly recent thing. I might be wrong, I'm just speculating that it might be this.
  10. Shoelover
    The overpayment will have probably been caused by RTI (real time Information) and then been calculated by the benefits team. Then referred to fraud to interview/establish if there has been an offence x
  11. Shoelover
    Hi, it's difficult to predict what they will do.. I can say that it falls into the guidelines to be looked at as a fraud, but it could still get "lost" in the system or there could be something else that makes it unsuitable. I doubt an appeal would work - the decision is not wrong in law regarding the overpayment. You can send in a letter if you want to - it can't hurt. You made a mistake & you are dealing with it. I respect you for that. Takes guts to face up to it like you are.
  12. Shoelover
    Happy to help.. The lady on the phone was probably being nice.. She can't make that decision. Its true that not everyone can be prosecuted - or indeed is. It's possible that she was telling you how it worked when the council did the investigations. X
  13. Shoelover
    Well I would say it's less than one in ten cases get in the paper... I used to work in a rural area too. Nationally I have no idea how how many people go to court each week, but I'm willing to bet it's over 100. I can't say that it won't get in the papers but usually the more "interesting" cases are reported, I know you are not trying to get out of it. If you are interviewed & your partners job isn't mentioned it will be worse for you if they find out. Make a clean breast of it- and don't wait. Sending in the extra info also shows that as soon as you realised you dealt with it. Good luck X
  14. Shoelover
    Ps beating yourself up changes nothing. Stop it X
  15. Shoelover
    It can take some time to work its way through the system & to an investigator. Unfortunately you don't need to have done it on purpose to have committed the offence of failing to report a change, there are two main offences the DWP prosecute under & the less serious of the two just needs the Change to have occurred & not been reported to the benefit office for them to get a conviction. Your lack of intent (ie it was a mistake) is mitigation. The effect that a court case may have needs to be drawn to their attention but how much weight is attached to it is up to their manager. I will refrain from going on about how your partner is equally to blame- his name is on the letters & therefore he needs to accept that when he signed the form he accepted responsibility too.
  16. Shoelover
    The overpayment has already been calculated. The job of the investigator will be to interview you to establish if you have committed an offence and if so why. The IUC is your chance to give your explaination and also ask any questions. Certainly if you are the person that looks after finances and the claims then they may well decide you are the one to interview. But until your partner has told them that at interview himself then they have no way of knowing that. I think your partner is being harsh on you though.. The letters were addressed to him & the claim in his name. So really he can blame you entirely (not my business I know but I feel for you). What I will say is, what is done is done & there is no point you making yourself ill over it. If it happens then cross the bridge then. Give yourself a break X
  17. Shoelover
    Sorry, dashed that off in a hurry!! I meant they are unlikely to move the hearing to another court. Most of the cases that are in the press are the more "interesting" ones- this is especially true of the ones where the person is photographed outside court. The majority of cases don't make it into the papers. Honest answer is possibly not what you want to hear. What you have described is mitigation but may well not prevent the case going to court. I'm not saying that's what I think should happen, just what is likely. However, don't panic yet. Not all cases referred over for IUC are interviewed- you may well not be seen. I wouldn't even see a solicitor at this point- if you do get invited in for interview then do so then. If the worst happens & you are prosecuted, then the sentence would be up to the court. But prison is extremely unlikely for £5k. Most cases for that level seem to end up as a conditional discharge or curfew/unpaid work. But you are not there yet!! Sorry if that wasn't what you wanted to hear, but no point me replying and not being straight with you.
  18. Shoelover
    Paying it back won't stop them prosecuting. That's what " without prejudice to any action" on all the overpayment letters means. You can't ask for the hearing to move.
  19. Shoelover
    There are instances where the partner on the claim is interviewed & have "carried the can" (for want of a better phrase). But the starting point will be your partner - it was in his name. An overpayment of that size may well result in court- although repayment is "without prejudice", if it does go to court it will go in your favour at sentencing. For 5k, assuming there are no previous offences, prison is very very unlikely. It is also very likely that the case wouldn't make the papers - cases such as yours are generally not really of interest to the media. Any court hearing would probably be in the magistrates court where you live now. Sometimes it can take a couple of months to be sent the IUC letter. All you can do is put it to the back of your mind & not worry about it until you get the IUC letter.
  20. Shoelover
    You are right.. They can assess your claim on low income grounds. However they may well ask for proof as to how you are supporting yourself.
  21. Shoelover
    Really? Actually to many people anxiety is an awful reality which overshadows everything. Some people are unable to work because of it. Some people (myself included. If you were to meet me, I am probably someone you wouldn't think was on antidepressants) would actually find being away from work makes things worse- time to sit & brood on things. Take it from me, anxiety & depression is no walk in the park. Yes, it is easy to fake but not everyone with the diagnosis is faking it. Nor is everyone swinging the lead using anxiety.
  22. Shoelover
    Well done you... The first step is always the worst. You can do this. Have you estimated the overpayment yet?
  23. Shoelover
    Well, yes, you have been foolish. But you are facing up to it & looking to put right your actions. You are coming clean. Frankly that requires guts. You will move on from this. Nothing is that bad that your life need be over. If it's prison you are worried about, it's unlikely. Not for a first offence & not for a Mum of 3 kids. If it's being named in the paper, well even if you go to court that's unlikely as it doesn't sound as if there is anything unusual about your case. You will have to pay the money back & rightly so.. As for anything else, cross that bridge when you come to it. Right now you are doing the best - which is coming clean. Let us know how you get on.
  24. Shoelover
    Agree with every word BB has written X
  25. Shoelover
    Depends very much on if they treat it as a civil matter or turn it into a criminal matter. What I would say is making a repayment offer & sticking to it will go in your favour but don't go taking out a loan you can't afford. How much do you estimate the overpayment to be? Have you worked out how much you would have been entitled to had you claimed correctly?

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