Tingy Fighting back against the DWP

[Tingy]

Hi All,

 

On Wednesday I am receiveing a phone call on behalf of my wife from the DWP. Basically in very brief what has happened is they accused her of working in 2002. She was helping in the shop owned by her sister while her sister was ill and received no gain financial or otherwise, but served somebody from the DWP over an 8 week period having been reported by someone.

 

She started claiming Carers Allowance recently and the DWP, having had no contact since the time, and having admitted over the phone to me having no evidence, are still looking to make reductions to her benefit from Jan 31 2011.

 

They agreed to hold action while they sent all relevant paperwork, so I SAR'd them, Special Delivery and received a reply back saying they had until Dec 22nd to respond. Fair enough BUT they have sent a further 4 threatening letters and are demanding IE sheet, which I have told them can only be asked for by a judge. I have said we want one of two solutions - 1. The case dropped. 2. For them to take us to court or vice versa.

 

I want on Wednesday to have everything in place for starting court action. Can anyone give me an idiots guide to doing this please. I need them to know we mean serious business as we know they have no proof.

 

I have tomorrow to prepare everything.

 

Thanks in advance folks as ever,

 

Tingy

[harrassed senior]

Are they saying that they will be 'reducing' Carers Allowance from January 31st 2011 to repay money owed from 2002? If so, how have they proved that an overpayment was made, and have they arrived at a figure which they are reclaiming?

[Tingy]

Are they saying that they will be 'reducing' Carers Allowance from January 31st 2011 to repay money owed from 2002? If so, how have they proved that an overpayment was made, and have they arrived at a figure which they are reclaiming?

 

That's exactly it. It's been on hold since October and they have no proof (hence I suspect the delay in response to SAR). My wife was interviewed back then, but nothing was ever proven - there is nothing to prove! But the threats still keep coming which I believe shouldn't given we have placed things in dispute while we await the SAR and they agreed to this.

 

A senior person is phoning on Wednesday morning hence my wanting to be ready to do whatever is needed to go straight to court asap.

 

Any step by step idiots guide welcome. HS I know it's a ridiculous situation, but they unfortunately do not have to prove anything through courts, they can act as judge and jury, the debt doesn't become SB if you start claiming benefit again they can take it no matter how many years later it is. No proof - admitted this over the phone (that's why I want their SAR) and still pursuing while in dispute. They are acting as judge and jury and have got it wrong!

[harrassed senior]

Having helped my daughter through something similar I do sympathise with your situation. They act as judge and jury and think and act as though they are above the law and you, the 'customers' have no rights whatsoever. We too went through the 'recorded under caution' interview with a copy of the tape and then heard not a single word ever again, which is very frustrating!

 

Not sure what advice to offer about the Court route, but I do have another route to consider, and that is getting assistance via a website for Carers. I do not actually know of such a website but I am sure there will be several out there. Many years' ago there used to be a 'Wellfare Rights' organization that used to to help too.

 

Also, has your wife exhausted the Appeals' route?

[Tingy]

Having helped my daughter through something similar I do sympathise with your situation. They act as judge and jury and think and act as though they are above the law and you, the 'customers' have no rights whatsoever. We too went through the 'recorded under caution' interview with a copy of the tape and then heard not a single word ever again, which is very frustrating!

 

Not sure what advice to offer about the Court route, but I do have another route to consider, and that is getting assistance via a website for Carers. I do not actually know of such a website but I am sure there will be several out there. Many years' ago there used to be a 'Wellfare Rights' organization that used to to help too.

 

Also, has your wife exhausted the Appeals' route?

 

Appeal has been dismissed, though again we haven't been formally told this, we are assuming it as they are still saying they're taking money as of Jan 31st 2011. They have not even acknowledged receipt of the appeal which was enclosed with the SAR. They did acknowledge the SAR. Stupidly the Welfare Officers from Social Services know less than me - they reckon it's Statute Barred, but that is blatantly incorrect.

 

Personally I'd still like to be in a position on Wednesday where I speak to the senior person who has the right to either pursue or drop the case, and if they want to pursue it, I want to be in a position to issue court proceedings immmediately and have them served or whatever you do with them on Wednesday.

 

Unfortunately I haven't a clue where to start other than I know there's a Form N1, but are there things before that, is the N1 relevant here? As I say I need a step by step guide.

 

HS Thanks so much for your help - much appreciated!

[john 333]

I thought they couldn't take benefits from a "different" claim, ie one which is unrelated to the disputed case. They accused me of a tax credit overpayment years ago and wouldn't leave it alone, however when I claimed recently with my new partner it was not even mentioned as it is classed as a new claim (due to a different person involved)

 

Surely the carers allowance is being claimed for something which has happened recently?

 

I also claim cares allowance and there is something called the carers federation who may be able to help?

[Tingy]

Thanks John,

 

Will contact carers fed tomorrow. Fact remains whether they can do it or not they are doing, hence my wanting to be prepared to take them to court.

[john 333]

yes, they are certainly like a hungry dog with a bone when they want to be!

 

Has your partner had a carers assesment yet? might be worth googling it if not, but be quick as the financial noose is being readied due to the horrific budget cuts on their way

[Tingy]

She's got Carers Allowance. They're trying to get money from 2002 for supposedly working. She helped her sister out for 8 weeks while her sister was ill, but recevied no gain, financial or otherwise. She was interviewed at the time, NOT taken to court as they don't have any evidence, and are now saying she was found guilty and they're going to take moeny from her Carers Allowance which is needed desperately to look after the person she cares for.

 

I really need to be in a position to take them to court ideally by Wednesday so they see I mean business. Please can someone give a link or a basic first steps guide as to what I need to do tomorrow. Have got plenty of evidence, just don't know HOW to actually do it.

[john 333]

the obvious answer to them is that it would cause financial hardship if they took any benefits from you, we had to bring that one up when negotiating the repayment of a crisis loan.....(it worked for us)

[Tingy]

Thank you John. I don't mean to be rude, I appreciate your input, but I don't need arguments to put to them or anything. I need to know HOW to go about taking them to court.

 

Step by step from someone with all the evidence they need, but not idea how to start the process as I've never done it before.

[The Mould]

Hello Tingy

 

Have a good read of PRACTICE DIRECTION - PRE-ACTION-CONDUCT, you will find this on the Ministry of Justice website, the said PRACTICE DIRECTION will provide you with all of the information you require and what you should do before commencing with proceedings.

 

Keep calm on Wednesday, stand your ground, keep to the facts of this matter, remain respectful during the course of the telephone conversation in order to communicate your resolute position in this matter to the other person.

 

If you do not achieve the required result on Wednesday then, send a Letter before claim pursuant to the said PRACTICE DIRECTION (you will find all the info on what you should include in your letter before claim is stated in the said PRACTICE DIRECTION).

 

I hope that will help you somewhat Tingy, clearly, (based on what you have said), the have no valid evidence to substantiate their allegation(s) against your wife, therefore they have no just cause for the action/sanctions they are intending on imposing upon your wife, the info that was reported about your wife is misrepresented, it is heresay, the said report is not fact and so there are no grounds to warrant any deduction to the benefit that your wife is fully legally entitled to.

 

Kind Regards

 

The Mould

[Tingy]

Thank you so much - that's exactly what I was after!

[harrassed senior]

Good luck with this. Please keep us informed.

[Tingy]

Good luck with this. Please keep us informed.

 

Having done a bit of digging around in haste since last night, I have discovered courts take a dim view of claims such as this if ALL avenues have not previously been exhausted. One line which has since surfaced is the parliamentary ombudsman who can be accessed via your MP and deal with complaints against the DWP and Tax Credit Complaints. I have thus just e-mailed my MP sending a full background of the situation and we now wait.

 

On the positive side my Truecall arrived this morning so I can set that up and record the conversation with the DWP tomorrow (as long as it doesn't last longer than 140 hours!!!!).

 

That is where we are at the moment, so the court route has gone on hold as I want the judge as much as possible on our side, so it is important that we are seen to have done everything we can to settle this out of court first.

 

Thank you everybody for your help and I'll keep you all updated as and when things happen.

 

Obviously it goes without saying that any comments / suggestions in the meantime are very much appreciated, but please bear in mind we are already a fair way down the line with this, we've appealed, we've sent an SAR which has so far been ignored etc... and have now contacted our MP with a view to getting the parliamentary ombudsman involved.

 

Many thanks all,

 

Tingy

[harrassed senior]

It may be worthwhile giving some thought to this question which you may well be asked.

 

'How is (was) it possible for your wife to 'work' albeit unpaid for 8 weeks, when she was unable to 'work' in our sense of the word.

 

To clarify, many years ago I was signed off work as being 'unable' to work due to medical advice. However, a friend ran a cafe and asked if I would like to make sandwiches in the early morning 'back of house and sitting down'. I went through all the correct channels, sought advice and permission from my doctor, informed the Benefits' Office etc. and it was confirmed in writing that I would not receive a penny more than was allowed by them (think it was £15 per week before benefits ceased). etc. etc.

 

Loads of forms had to be signed by various people and submitted on a weekly basis for my benefit to remain payable, however, after just 2 weeks, they ceased payment to my benefit and NEVER restored it as I had, in their eyes proved I was capable of work! even after this caused a relapse in my condition requiring hospitalisation they never re-considered my claim. My 'working' was said to be 'theraputic' by my Doctors, but they (The Benefits' Agency) would not, and never did re-consider after we went down every channel possible at the time.

 

So, the moral is, as I said at the beginning have a good answer for that question. Again good luck and long live True Call!!

[Tingy]

Thanks HS! My wife was on Income Support at the time and could not find a job. That is the simple and true answer to the question, she worked before then and works now, but at the time did not have a job, couldn't find one, so was in receipt of Income Support. All she did (maybe foolishly with hindsight) was help her sister when she was ill to keep her shop going. As I've said no gain financially or otherwise, just helping out family!

 

Thanks again,

 

Tingy

[Tingy]

Very impressive. Just had my MP on the phone (under 2 1/2 hours since I sent the e-mail). He's writing to DWP today to let them know he's involved and to ask them to stop sending any further letters until they can send solid proof. I am VERY impressed with my MP.

[Tingy]

Mods / Site Team. As this has now moved on, is it possible to change the title to Tingy vs DWP or Fighting back against the DWP - something like that. Many thanks, Tingy

[maroondevo52]

Mods / Site Team. As this has now moved on, is it possible to change the title to Tingy vs DWP or Fighting back against the DWP - something like that. Many thanks, Tingy

 

Job done

 

This also needs shifting to a more suitable Forum.

[Tingy]

Thanks Maroondevo - can you switch it to where you think it needs to be now - probably under legal? I'll leave it up to you.

 

Thanks again,

 

Tingy

[maroondevo52]

Thread moved to Legal Issues.

[Tingy]

Thanks again! Much appreciated.

[spamheed]

I know it's slightly different but my G/F was initially contacted by Iqor and then directly by DWP for what they referred to as an "overpayment" unable to provide anything by way of evidence or explanation first Iqor and then DWP vanished after nothing more than a simple "prove it" letter, however my G/F did receive what I took to be a threat from the DWP advising her that if she was ever on benefits, then she might have her benefits tapped to claw this "overpayment" back.

 

It seems that these govt departments simply make it up as they go along - so good luck with this one