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Soyamocha

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About Soyamocha

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  1. I was due to be sentenced for benefit fraud (did not declare change of circumstances regarding some savings). Strange thing is that they DWP cannot locate my original claim form and I have never completed an A2 form, so there is no paperwork of me saying I have no savings. As I say I was due to be sentenced at the Magistrates Court and a second before sentencing, the prosecution advised that the DWP want to implement a Confiscation Order. As a Mag court cannot implement a C Order it has to be transferred to the High Court. I have been waiting months for this to come to court, went just before Xmas and this was adjourned awaiting a Pre Sentence Report and I was expecting the outcome this week and now it has been put back again. I just want to know if I turn up at the next hearing and bring a cheque for the full amount of the overpayment will the DWP still insist on going down the Confiscation Route. I have already been making payments. If they do go down the confiscation route that will take another 6-8 months and this has been going on since April 2012. Any help would be welcomed.
  2. I think spacing means - make a few paragraphs instead of putting all the text in one bumper paragraph. Fully appreciate what you say about the attitude of some of the staff. Some are really nasty and then sometimes you are lucky enough to get someone really helpful on the phone. I hate when brown envelopes arrive on a Saturday and you have to wait all weekend until you can speak to them. I cannot believe this is not done on purpose but it happens so often.
  3. I think that you can take 25% of your pot tax free and then use the remaining 75% to buy a pension. If this is the case, your friend could take £7500 tax free which no doubt the DWP will be keen to hear about.
  4. Don't know if this helps. I had my IUC in late June. The overpayment letter was received by me a month later and I started paying back the money in early August. Towards the end of September I heard from them that they intend to take me to court and the case will not be heard for another three months. Yes it is a very slow process and your life is on hold and you are constantly sick and worried. This has been one of the worse years of my life and I have spent it wishing my life away and it is still not over yet. Hope this help albeit that it is not good news but then things may be different where you reside.
  5. I read that anyone claiming IS for more than 3 years gets sent an A2 Income Support Review Form to fill in. Can you please tell me if this is mandatory for the DWP to send these or not. My situation was that I never received one of these forms and consequently was overpaid and I just wanted to know whether I was let down by the department for not sending me one of these forms. I appreciation the change in circumstances jargin that you get in letters but a form would have made all the difference to me. Thank y ou
  6. Thanks for responding. At my IUC I was told that if the CPS decided to take the matter to court, then I would receive a letter from them stating this and the court hearing would be about three weeks later - not three months! That is why I have become slightly concerned
  7. I have just received my summons to appear at the Magistrates Court but it is not for three months. Is it normal to get so much notice? I just wondered as I thought it was normally three weeks' notice and I am concerned that they have put it off to enable them to dig further and come up with something else. Does anyone know? Thanks
  8. Thanks both of you for replying. Miracle - I was amazed that they told you so promptly they intended to prosecute. That is really what I am waiting to find out. So going by your timetable I could be in the dock for Christmas !!!! Good luck on the 23rd!
  9. I had my IUC two months ago and one month after the IUC, I received the overpayment letter/statement and have now started a payment plan. I was told that once the overpayment dept have calculated the overpayment they return the file to the investigator who in turn passes it to the CPT department. They then decide whether to prosecute or not. Do you know how long this all takes. I know for a fact that the file was returned to the investigator nearly one month ago. I have heard nothing since. At the interview I was told that once the investigator gets back the file, they have 28 days to decide whether to prosecute. Is that the case? Thank you
  10. I have to pay back an overpayment which is my fault. I was told that they can take a third of my Incapacity Benefit so that is about £35 per week (approx £150 per month). This is quite a big chunk and the overpayments dept said that they will start collecting shortly. He agreed to send me a form giving outgoings. Can anyone offer any advice on how to get them to agree to a more realistic figure. My bank account does show all my standing orders for bills etc. Thanks
  11. Thanks for all the help. Thing is I was brought to pay your bills and always put a bit aside. I have seen so many elderly people scared to turn on the heating, living in just one room of their flat etc and going without even though they have worked their whole lives. So I have always put a bit aside from my wages. I could easily have replaced my old sofa, car and 21 year old kitchen but as I was not working I was worried and kept my money aside. Now they want the IS back. If I had bought a new car, new kitchen and sofa I would not be in trouble now nor threatened with court action. If I don't buy these things now at the end of my 12 months I will not get any ESA.
  12. Thanks for that I was concerned that it would immediately be Income based. All I get at the moment is Incapacity Benefit and Disability Living Allowance. I did get income support but when they found out I had savings I had an IUC about three weeks ago and I am awaiting the outcome. Whilst awaiting the outcome and letter regarding migration dropped through the door - not sure if that is a coincidence or not but the woman who ran the investigation disliked me immediately and I would not be surprised if she was behind this. I was concerned because I thought if I get put on Worked Related JSA for 12 months and it is income based, then I won't get it and at the moment I am paying full council tax, prescriptions, glasses, dentist and on top of that will have to pay back any income support so all a bit worrying
  13. I have been on Incapacity Benefit since 2004 but prior to that date I had worked non stop full time for 24 years paying my NI Contributions. I have just received "the letter" telling me they will contact me in 2 weeks and send me the ESA50 for completion so it is only a matter of time for I have the medical etc. I appreciate that I may not qualify for ESA but I do have medical problems and if I do quality for the ESA workgroup , will the first 12 months be contribution based or income based. I ask because I have savings. I thought I would get 12 months and then it gets means tested.
  14. Thanks for letting me know. I was thinking 3 to 4 months, then magistrates court and then the crown! I was just trying to work out when I might be put away as it will be difficult at home. I know I should have thought of that but..... well we are all wise after the event. Wish I had stashed my cash under the bed
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