Jump to content


  • Tweets

  • Posts

    • Sorry dx100uk   I have uploaded via the site now, I had trouble uploading it to the site before
    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructs me from defending this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx     dx    
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
  • Our picks

evule1

Overpayment of JSA

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2435 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I need some help with a JSA overpayment, please.

I am working. My partner is unemployed at the moment and as I don't earn enough money we have a JSA claim together. The claim is in my partner's name.

I changed an employer almost 3 months ago and we immediately informed the JCP. We always supply all the information in time and my partner is taking my payslips and the completed B7 form every time he signs on.

We were informed that it may take some time for the Benefit Centre to process our claim as there is a backlog of one month.

Two months later there was no answer so we called them. And not just once. We spent around £30 on phone calls to JCP Benefit Centre trying to tell them that if they don't sort it out soon they may overpay us.

JCP sent letters to my current employer asking her to fill in various forms about how much my partner earned there. We corrected them saying it was actually me who is working and they should know that. So my employer filled in all they wanted. Several weeks later, hours in phone calls and endless visits to our local JCP office we thought everything will be fine just in time for Christmas.

What a nice surprise when we received a letter on Saturday 27/12/12 dated 20/12/12 informing us of an overpayment of £290.60 for the period of 19/10/12 - 15/11/12 plus civil penalty amount of £50 totalling £340.60!!!

Aparently we did not inform JCP about the changes in time. And I had two jobs in that period. Neither of which is correct.

I calculated that there is an actual overpayment but only about £68. I am quite happy for JCP to take that back although it shouldn't occur in the first place. What I am not happy about is the maladministration.

Share this post


Link to post
Share on other sites

Hello and welcome to CAG.

 

I'll move your thread to the benefits forum, where people should be able to advise you. I'll leave a short term redirect on this forum.

 

My best, HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Do you have any evidence of what you're saying with regards to the overpayment?

Share this post


Link to post
Share on other sites

I think I would ask them to take me to court for it and you will make a counter claim for the expenses their incompetence has forced on them.

Share this post


Link to post
Share on other sites

We have photocopies of some forms but not all as we did not expect this to happen so we were just supplying JCP with what they asked for and not thought anything of it.

About a month ago we were adviced to start taking copies. Just in case.

Share this post


Link to post
Share on other sites

You can send them a subject access request which gives them a statutory time limit on supplying you with everything they have on you including all correspondence. Max cost £10 so send a cheque for that amount.

Share this post


Link to post
Share on other sites

That's nice to know. They must get it in some other way as they will never be out of pocket.

Share this post


Link to post
Share on other sites

Who do I write to for this SAR, just the jobcentre?

Share this post


Link to post
Share on other sites
Who do I write to for this SAR, just the jobcentre?

 

Send it to the Benefit Centre that processes your claim, not to the Jobcentre where you sign on.

 

If you can prove what you say here (that you did inform them of the changes in your circumstances) then you have a good case that the overpayment is due to official error and therefore not recoverable.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Share this post


Link to post
Share on other sites

The address of the benefit delivery centre (BDC) should be on any letter you receive about your benefits.

  • Haha 1

Share this post


Link to post
Share on other sites

Appeal the overpayment immediately on grounds of official error. These overpayments are not recoverable under social security law - even the bit of the overpayment that is correct.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

Share this post


Link to post
Share on other sites

Thank you for advice to everybody who wrote.

 

We appealed, supplied the JCP and the Benefit Office with some more forms they required and put in another official complaint. We also wrote to our local MP.

So far we only had reply from him saying that he is looking into it. We had no replies from the JCP or the Benefit Office.

 

If anybody has any other valid comments or ideas, please write.

 

You were all most helpful. Thanks again.

 

evule1

Share this post


Link to post
Share on other sites

Hi everybody,

this is a little update on my last post.

Great thanks has to go to everyone who helped in any way. We had the decesion overturned and the overpayment wiped out. We also received a letter of apology from the Benefit centre manager.

It pays to fight for the right thing.

Thanks again

evule1 :)

Share this post


Link to post
Share on other sites

That's great, I'm so pleased. :)

Share this post


Link to post
Share on other sites

Excellent, and thanks for coming back to let us know. This will help future CAGgers with similar problems.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Share this post


Link to post
Share on other sites
We had the decesion overturned and the overpayment wiped out. We also received a letter of apology from the Benefit centre manager.

 

I had a similar experience a couple of years ago working part time temping. Each visit to the JCP, I would fill out the forms, watch the advisor complete the screen work, and then get copies of all the paperwork. After about two months, the working hours started to ramp up so I signed off and got an demand for overpayment a few months later. What narked me was the "because you haven't told us of..." statement. After a couple of strongly worded letters, the last including the line "If I am now expected to maintain records to cover for the institutional incompetence of your staff, kindly instruct your procurement department to contact me to discuss conditions and fees to access the data."

 

The "debt" was written off, but no apology was ever received, so I'm still annoyed with the muppets over at Cheltenham.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...