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By Ethel Street · Posted
Problems with DWP are a possible reason for the delay in paying beneficiaries. If for example DWP suspect that benefits paid prior to the deceased's death have been overpaid they have to right to recover the overpayments from the Estate. Until the Executor has agreed with DWP what is owing to them and paid them they cannot pay beneficiaries. Sometimes the overpayment of benefits, usually because the deceased had not given correct information to DWP, goes back years and can be a substantial amount. Possibly so much that there is no money left to pay other beneficiaries. When I've dealt with DWP on overpaid benefits you get a lot of threatening letters from them telling the Executors that DWP has a duty to recover overpayents to protect public money and will go to court to recover it if they have to. The bad news at the moment is it takes months to get anything sorted out with them. eg, just before Christmas I got a reply to letter I sent to DWP on a routine matter last February! Covid support has swamped them. I agree with HB that you should wait. And you might have to wait some time I'm afraid. Of course if you don't believe the story about problems with DWP you might want to take action now. I can't say if it's true obviously, only that it is credible. -
is response to CPR rules you sent me - my observations are 1)they havent stated under what law/legislation they make a claim, they have mentioned document they rely on but didnt serve it with application as above 2)they didnt serve application or evidence on me ever! court knows this 3)this is a telephone hearing where no oral evidence is to be given , do we do skeleton arguments or court bundle , when do we give to court - order is to only submit evidence in response 7 days before hearing 4) there are /is a document which gives complete defence to the claim, disclosable at trial , so they shouldnt have sought summary judgement a)i have an email from them , a deed of guarantee and indemnity (DOGI) was required for guarantee, pre condition to lending b)i have a docusign email sending request to sign this DOGI document (not attached it was a docusign login) , c)they dont have a copy of it and havent provided under SAR or specific request. d) anyone who does a DOGI, is not defined as a 'Guarantor' in the agreement, which is not signed in a personal capacity anyway, e)so in the application they rely on loan agreement having a self contained gurantor section, and the fact my name is next to word guarantor (but not signed personally, no statute of frauds anyways) their definition of a guarantor-"person named in offer letter who enters into this loan agreement to provide a personal guarantee and indemnity. this definition excludes any third party guarantor who enters into a seperate DOGI" -
By honeybee13 · Posted
Hi Anney. Let's give this a bit longer. With the best will in the world, altosbestos hasn't been here very long and we don't know much about them. It would be good to know what forum regulars think about what altos is advising. HB -
thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect. so i asked court can i have copy of PR1 so i can check, they just got back and said claimant has never either in electronic database or in paper, served a bundle PR1 with the application, there said it was claimants job to serve everyone and me- so ask them i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them ! in theory judge will get to hearing and go where is your evidence of this agreement? and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
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By altosbestos · Posted
You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage. I would recommend you do it today, start maintaining a paper trail.
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
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BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Natwest Bank Transfer Fraud Call HMRC Please help
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