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

tomtom256

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Everything posted by tomtom256

  1. tomtom256
    They are not threatening anything. OP has committed benefit fraud by failing to declare a change in income/earnings. Every letter received states changes you need to tell us about, oops I ignored that! As such he has been interviewed under caution and there is sufficient evidence to prove an offence has been committed. The actual OP appears to around the £1,500 mark looking at the what has been posted and an administrative penalty has been offered in the first instance as the case is prosecutable, that does not mean they are guilty, but there is sufficient evidence with which to get a conviction. Should they not accept then legal proceedings will be taken which is policy and standard practice. No threats it's all laid down in the readily available prosecution policy. Owing to issues you have with the DWP you are blinkered to them and we only have one side of the story here and from the fact that OP has failed to declare a change in their circumstances which everyone knows they have to do, it is clearly not a false accusation, as they have received money they must have known or been expected to know they shouldn't have. We do not know what was stated at IUC, what was put on any claim forms etc to be able to make the judgement that OP is totally innocent in this. Remember ignorance is not a defence.
  2. tomtom256
    @spitfire.. There is no corner to fight, OP failed to declare a change that all award letters tell them to report. He has been offered an administrative penalty for his innocent actions and representing himself at court will still find them landed with a criminal conviction as they have to declare a change in their circumstances. DWP have not found him guilty, you do not need to plead guilty to be offered an administrative penalty, the case just has to be prosecutable, it's also not the DWP that will be doing the prosecution as such but the CPS acting on there behalf. That being said any fine the courts give should be less than then the 50% amount the administrative penalty is offering, but then you have a criminal fraud conviction to report to any prospective employers etc.
  3. tomtom256
    Has this been explained to the compliance officer? As they can send an EQ1/AO14 for wage/pension details, but ask the customer to in the first instance. Obviously she will have to obtain the bank statements but this may help her out.
  4. tomtom256
    In that case it should be ok as there would be no need to issue a new AST. They may ask for proof of rental payments though.
  5. tomtom256
    Yes, unless it states after x months or years it becomes a rolling tenancy as if it was just for a set period of say 12 months, it is now null and void.
  6. tomtom256
    Some people are bitter and twisted against the establishment and would rather spout that then help, alas the help you are after is out of my knowledge.
  7. tomtom256
    And that is all a DM can do if you do not explain how the money came about, which could be the difference between an OP and still being entitled.
  8. tomtom256
    The problem is if you say nothing they may just take the whole period of CA back to the start of the claim leaving you with a large overpayment, you actually explain what you have been doing is a hobby etc and the OP may be significantly less as there may be periods were you did not have any income from the selling.
  9. tomtom256
    If its all with compliance they will be no conviction etc from this, they will just want to put the benefit right and either cancel it back and create an overpayment and/or check that you have been receiving it correctly. Can you not get a transaction list from paypal and/or ebay with what was sold etc and then how much it would have cost if anything to create these virtual items and crate a set of books from this? What were the virtual items you have been selling? Was it a business i.e. did or do you have a business account with ebay? Have you paid any necessary taxes to HMRC?
  10. tomtom256
    Did you complete a proforma regarding outgoings etc as this will all need calculating, it's not just about what you sold but all the add-ons, like packaging and postage etc. I think its a DX788 or something similar, they should have given you one at the interview. Was the interview with compliance or under caution?
  11. tomtom256
    I get it, not sure how they would figure that out, in theory the £1400 is still income and they may treat the self-employed as nil income for the time being and review as the business takes off. This is one of those oddities that isn't catered for in the normal way.
  12. tomtom256
    If you are PAYE from your business then that's the income they will use, I presume you are a PAYE director? Sorry I thought you had a PAYE job and did some self-employment as well. If so the business assets etc should I believe be ignored as you are not self-employed but employed by the business you run.
  13. tomtom256
    All income is used in any calculation of means tested benefits, be it PAYE, cash in hand or self-employment. They will then disregard what they can under regs.
  14. tomtom256
    You fall foul of the habitual residency test, this will need to be done in order to claim benefits.
  15. tomtom256
    I would disagree, OP was a full time student at the time they made the claim, question asked on claim form "are you a full time student" answer "no I am not". It's a straight forward question that they gave a false answer too. How you could answer no to a straightforward answer I cannot see how you could argue ignorance. It's just like the one that asks if you are working and people answer no and then say well I was only doing 20 hours a week didn't think it mattered as it's not full time. The question is normally worded along the lines of "are you doing any paid or unpaid work?". The forms and questions are quite specifically worded so that false/wrong information can only be given deliberately i.e. they only require a yes or no answer which you as the person filling it in would know if it was correct at the time they answered the question.
  16. tomtom256
    You need to get legal advice then. Some places offer 30 mins free or speak with the duty solicitor at court if they have one on the day, but ideally you need to decide what you want to plead before the court date.
  17. tomtom256
    Not sure what advice to give here. You became a student prior to part time work and you claimed HB after you became a student and whilst working part time and you declared at the time of the claim you weren't a Student? If so then it will be a false from outset case as you made a false statement/declaration. Did you admit the offence at the IUC i.e. the earliest opportunity as this will go in your favour at court and when looking at what sentence to offer? The chances of prison are very slim, especially for £4,800. Likely be a conditional discharge, a fine or a fine and a community order, but it all depends on the judge and how you plead versus the evidence. If you go not guilty you may end up with a worse sentence as from the post it appears you made false statements to obtain the benefit.
  18. tomtom256
    Report them then and let the system deal with it.
  19. tomtom256
    If this paper is now live, then the new prosecution threshold is £5,000 and above. Any overpayment below that will be dealt with out of court i.e. by way of an administrative penalty.
  20. tomtom256
    So you are already getting a war disability pension then in compensation for the disability caused by wearing the queens crown on you're shoulder? Personally I wore it on my cap badge.
  21. tomtom256
    In which case they are technically fit to attend, it's all semantics to be fair.
  22. tomtom256
  23. tomtom256
  24. tomtom256
    I am not sure if your pension should be disregarded as I am not sure what the actual date wass for transitional protection of pensions, just advising that it is hidden and not many staff know about it. So you may be right, I meant to check. Sorry RTI is Real Time Information - it's how HMRC notify other government departments of a person income.
  25. tomtom256
    So you worked and tried to declare it, but didn't? If so then you are in the wrong and they would have taken an MF47 informal statement to that effect as you failed to declare the work, in order to get the past period overpayment calculated. All that will happen now is that potentially you're benefits could be stopped until such time you co-operate and rectify the situation.

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