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    • That is great news. Many people would have given up and paid after losing two appeals so well done for hanging in and fighting. It has paid off and they have finally backed down before getting whipped in Court. I looked at your NTD and your NTK again to see if there was a chance of going for a breach of your GDPR. Sadly although your NTK on its own could have well deserved a claim, the NTD is good enough not to warrant a claim even though it wasn;t compliant with PoFA. As it is the first Notice that mostly accounts for  GDPR breaches there is a reasonable cause for the NTD to have been issued. However you are now freed from worries about appearing in Court and you have learnt about the dangers of parking especially where the rogues that patrol private parking spaces are concerned. Thank you for making a donation and should you fall victim in the future to the parking rogues or anything else that we protect from, you are always welcome .
    • Hi guys I'm about to submit the defence as per below     There has been no reply to our CPR 31:14 request.  Is it worth adding that I (driver, not registered keeper) didn't actually enter or park in the car park and was sat at the petrol station forecourt the entire time?  Or is that covered by the simple points?   Thanks
    • a DCA is not a bailiff and cant enforce anything, even if they've been to court who are they please? sar to the original creditor FIO isnt applicable they are not a public body. who was this query sent too all the more reason to teach her young upon how these powerless DCA's monsters  work... she must stop payments now  
    • Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
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accused of benefit fraud please help..


kaytie-leigh
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Kaytie

its must be horrible for you at the moment but its nearly over now

have a read of this

http://static.advicenow.org.uk/files/IUC_Final-1571.pdf

 

after the interview they will have to decide if they have a case of living together

and a decasion maker will do that for them

then they will inform you of the decision

but you can appeal against that decision if its wrong

and I have seen lots of people win these appeals recently and get it overturned

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thankyou JD. its amazing to see so many people on my side. i am willing to take responsibility for the 2nd time i claimed as he was staying over loads after i had the baby, and i have told them this, but not the first time - i informed them when he moved in after a year of bein on my own, then i again informed them when my baby was 2 months old that he had moved in properley again. but they want to screw me 4 the whole time. rediculous. thankyou so much again.. i truly appreciate your time and help xxx

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stick to what you have said to them at the first interview its the truth,

 

I know its hard but they are only doing their job and someone has to do it.

and at least you will not be on your own this time

 

he/she will be on your side and will make sure it goes as well as it can

dont worry just get it done and then it will be over

 

then you can decide what to do

take care :)

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Hi

 

1) From what I can see you wrote the friends reunited web entry when mentally unwell; and it's something you've had for a long time (the mental issue); so, if perhaps you have a social worker (? a friend of mine who has had long-term probs has one), this is the sort of thing they are good at. They would advise the council that the page was written when unwell, and they would also be able to help you about your rights in regard to the council and the way the council are treating you. They would know if the council is being unreasonable in the way they are pursuing it and would be able to assist in various ways.

 

If you don't have a social worker, perhaps you could consider asking at the local mental health services section of the hospital - or asking your doctor where you should go - to get a social worker. they are there to support people in their life and can attest to people suffering mental stress. You may even be able to get this beastly business deferred or handled in some different way by the council on the basis that as you are mentally delicate they are not handing it in a disability-aware way.

 

2) your local councillor will run drop-in sessions for his/her constituents and mine (at least) was helpful when I had a problem with the council being over-zealous about getting an overpayment back off me (threatening bailiffs at a time when i didn't have any money at all). The councillor listened to what I said, thought the council were being unreasonable and wrote a letter to them, leaning on them politely to handle things differently. I heard no more of the problem after that !! So they could potentially be very useful to you - it seemed it needed the input of someone like that to stop the council being over-heavy but as soon as he wrote to them, they completely changed tack.

 

V best of luck...

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hey guys, i had my 2nd IUC today and my hubby had his 1st. the only new evidence they had were bank statements saying i liked to shop, but not very often, and 2 statements from my hubbys employers basically just sayin they assumed we were together, and another statement from someone else saying we seemed like a happy couple - baring in mind we were together and not claiming wen we met the person from the 3rd statement, so we were a happy couple at that point. they tried to twist things again, and wasnt acceptin my answers at 1st, but they concluded the interview by saying they would talk to hubby, phone my health visitor, as i gave them her number, as she was always round my house checking up on me, shel be able to confirm we wasnt together, then it will go straight to the decision maker who will decide how much benefit iv had. they said they'v calculated it to be between 5 and 10k (big jump though) i feel alot better as i dnt think the statements are really enough evidence in my eyes - although they could be in theres, im not sure. then they said that their boss will decide on punishment for me.... i still think this is unfair, they said that they would take in account my mental health, and the fact that i work full time, but my hubby still might get sumoned to court, depending on what might happen. this terrifies me, i jst want this to be over so i can move on and be happy. i still want help and advise. and to any1 who gives me it, thankyou, it is seriously much appreciated.

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  • 1 month later...

Before any decision can be made to how much money, if any, you may owe back as an overpayment

 

A DM has to decide whether indeed you were living together and if so for what period. When this is done and if they decide you were living together then the calculation would be done. But if this is the decision then you can appeal against it. They would have to send you a copy of all the information they used to base their decision on and you could go through it and dispute it where necessary in your appeal

Thats the worse case scenerio

 

But you havent heard anything yet :) so try not to worry, put it out of your mind if you can.

Easier said then done I know

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hey guys, i had my 2nd IUC today and my hubby had his 1st. the only new evidence they had were bank statements saying i liked to shop, but not very often, and 2 statements from my hubbys employers basically just sayin they assumed we were together, and another statement from someone else saying we seemed like a happy couple - baring in mind we were together and not claiming wen we met the person from the 3rd statement, so we were a happy couple at that point. they tried to twist things again, and wasnt acceptin my answers at 1st, but they concluded the interview by saying they would talk to hubby, phone my health visitor, as i gave them her number, as she was always round my house checking up on me, shel be able to confirm we wasnt together, then it will go straight to the decision maker who will decide how much benefit iv had. they said they'v calculated it to be between 5 and 10k (big jump though) i feel alot better as i dnt think the statements are really enough evidence in my eyes - although they could be in theres, im not sure. then they said that their boss will decide on punishment for me.... i still think this is unfair, they said that they would take in account my mental health, and the fact that i work full time, but my hubby still might get sumoned to court, depending on what might happen. this terrifies me, i jst want this to be over so i can move on and be happy. i still want help and advise. and to any1 who gives me it, thankyou, it is seriously much appreciated.

 

It seems to me that they're telling you about their new "evidence" and the boss's "punishment" to un-nerve you.... Also, any punishment would have nothing to do with the boss anyway.... it would be based on a calculation of what's alleged to be owed.

 

It's all "ifs" and "maybes".... nothing's happened yet, but I can understand why you're turning it all over in your head. Wait and see what happens. You have young children and a history of mental health problems.... so they won't be able to do too much to you anyway.

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  • 1 month later...

hey guys, things seem to be getting on top of me greatly at the moment. i have just found out that im pregnant with my 3rd. my husband and i have been gettin on fantastic tho so thats a good thing, but i still havent heard anything from them, it been over 3 months since my 2nd interview. my hubby called the investigators today and they said its been with the decision maker for some time now. im soo worried, why have they not got back to me? whats taking so long. im just so worried about whats gonna happen. im so scared. i think the pregnancy hormones are probably making me worse, but im not sure i can take this any more. please help me.

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Hi Katie, im so sorry to hear about what you have been through. First and formost your health and wellbeing and indeed you babys is more important than anything. I can see from your posts how desperate you feel sometimes and i want to offer you as much support as i can. I myself have suffered mental health probs over the last few years, and before that i worked in mental health so kinda know where your coming from. In regards to interviews i am aware that if you are suffering a mental health problem/s then you should be questioned only with an appropriate adult present, the same applies for in court you have the right to have your solicitor and an advocate/appropriate adult with you. I know from past experience as thats what i did when i was in court (although for different circumstances)

It can be hard trying to figure out what they say, and im betting you lay awake at night worrying and going over every possible argument and scenario.

Try not to worry, which is so much easier said than done. There really isnt alot they can do..with your history,the fact you have children, priority one is right they cant do much at all. The worst case is they make you pay it back, but then thats gotta be a reasonable amount in order not to put you into poverty.

Im more worried about how you feel, and how your coping. Please do message me if you want to talk.

In the meantime please take care and i wish you all the good wishes i can x:)

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thanx hun but i had my 1st interview feb 09. 2nd interview oct 09 and now its with the decision maker. i just dnt know what to think. what was ur outcome x

 

 

Hi Kaytie

 

I was in the same situation as you, waiting for a reply after 6 months.

I managed to contact Mind who was very helpful, they contacted and wrote a letter to the person who carried out the interview.

Within a week i received a letter stating no further action will be taken.

So it may pay you to contact Mind and tell them your situation and how it's stressing you with the baby coming. I think your find that they will be of great help.

 

Gaz

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gaz what is mind?

and thanku so much ibis. i actually dont know what i would have done without this forum. iv neva done anything bad in my life, i am actually one of the good ones. only bad things have happened to me. i do lay awake at night, i got thru days where im ok and then im not but i work full tym and i have 2 princesses so that kinda distracts me a bit. although there literally isnt a day that goes by where i dont think about this. its eatin me up inside. they just dont care about what theyr doing to me. espesh when theres people out there happily defrauding the system and not having a care in the world about what theyr doing. and the investigators do naff all to them. it stresses me out :(( thanku so much to every1 for your responses though. it really does help. its nice to know people are on my side xxx

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Hi Kaytie

 

Mind is an organisation who helps people with stress issues.

If you knew about it at the time, they would of come with you to the interview. But i would contact Mind and as i said explain to them your situation, that your not eating or sleeping with the stress they will step in and help you.

My situation was i fell out with my sister, she wrote in with a fabricated story which was untrue which lead to an investigation.

Which was blown out on the day at the interview.

 

Gaz

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Your welcome hun x Gazza is totally right Your local mind should be able to help you, They also do advocacy which could benefit you. The advocate will help you in as much as give you your rights and possibly attend interviews etc with you. Plus they offer advice on mental health and counselling. I agree that it always seems to be the good people who have the c*** luck. All i can say is dont give up hun, you and your family are more important than the dwp.

Take care of yourself and your princesses xxx

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Hi kaytie, just popping by to pass on my best wishes to you. It's an awful situation you find yourself in, just waiting and waiting and worrying. I appreciate these depts must be busy and there'll be a million and one things to check and boxes to tick but - wouldn't it be nice - if there was some system for fast tracking cases involving vulnerable people...

 

Anyway, hunni, in response to your earlier query heres the link for MIND.

I appreciate some websites and links shouldn't be used here and there may well be some process that I should follow before posting. I don't know. But it is a charity. But you know what, kaytie, if I were to get a slap on the wrist at least it would be for a deserving cause... :)

 

http://www.mind.org.uk

 

Best wishes

Rae.

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hi just to let u know that the investigator contacted us today, and said that wev been overpaid from 3/11/08 - 24/02/09 which i can cope with. they said it will now go to there manager who will decide whether to take further action. im still very worried about what might happen to me. i dont think iv been overpaid that much, and it wasnt intentional, and we would have been entitled to some housin benefit anyway as my partner was on a low wage. would they take that into account? what do u think they will do? i dont want to go in the local paper

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