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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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over payment of benefit worry.


tracieann
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hi new here read lots and lots of posts lately managed to get on the forum so i can ask for opinions and advice so here goes.

 

I am mum of an autistic lad aged 17 he has recieved DLA mid rate and low rate MOB for a good few years .

 

When i worked smashing mum in law used to watch my son however in later years she became older and more tired

 

on the advice of my sons consultant I claimed carers allowance only working enough hours to be entitled .

 

I have always been fairly on the ball with checking earnings .etc

 

BUT last year my dear mum in law was diagnosed with cancer of the lung

we were all devastated and her chemo/ radiotherapy was awful and

checking things was not at the front of my mind to be honest also i did not receive the usual letter.

 

In Feb this year we were told cancer now in her brain and she was terminal

 

this pushed me who has suffered anx and depression for almost ten years in a really bad way as well as all my family.

 

Then i decided to volunteer for some work at hospice that helped her and

 

when i went to benefits advice they checked things out and i gave them an old wage slip and they checked

 

OMG it turned out that id been overpaid my wages by £2.39 per week for over a year.

 

I was absolutely devastated scared out of my wits and

 

I phoned them the minute I got home

 

the bloke I spoke to was ok and I said that i was now scared it hadnt been checked properly

so I sent 5 years p60s and they checked them all i just owed 2012 to 2013 which was £3458

 

i asked if i would be prosecuted they said they didnt think so but im still scared I let them know on 14th may

 

received overpayment letter 7th june and

 

arranged with debt management to pay £100 pm back

 

they said it is not marked for prosecution but

 

i am sick with worry

 

we lost my mum in law on 1st june and

 

i have lost so much weight

 

im terrified they will take my son away or ill go to prison.

 

part of the reason for overpayment was my wages went direct into husbands bank to pay direct debits

and also my tax had been reduced taking me over threshold for earnins

 

I never worked any over my set hours at any time

 

Please can some one let me know their experiences or what they think

 

ive read about interview under caution and

 

im scared although ive phoned dwp a good few times theyve said they dont think its fraud

 

im scared to believe them HELP :|:|:|

Edited by tracieann
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they will take my son away or ill go to prison

 

Where on earth did you get that idea from? They wont do either of those things.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Fraud requires intent - you can't accidentally commit that crime. So you may have been overpaid benefit and have to pay it back, but that doesn't mean you've committed fraud, or will go to prison or lose your child.

 

So you have an overpayment of about £3500, and it's being dealt with by debt management. That's not great, obviously, but it strongly suggests that the DWP does not plan to prosecute. Have you been asked to attend an IUC?

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.

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I doubt they will prosecute you for this amount under the circumstances,you certainly wont go to prison and your son wont be taken away,the dwp principally looks for the overpayment back which you are doing in a finance plan,try not to worry too much,they could fine you a third of the overpayment if the decision maker thinks it is fraud.

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no i havent had an iuc just made play to repay £100 pm do you normally get op letter before iuc i have told them everything that happened but feel scared to death have a job i love too and dont want to lose thanks for your support

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sorry that was meant to read made plan tp payback to debt management , also if no plan to prosecute could i get it in writing that no further action it would calm me a lot .they also said on letter they had decided not to apply civil penalty so can this indicate they will prosecute thank you so much for your help folks

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Hello tracieann.

 

Have you tried asking them? It's quite hard for us to guess what they're thinking, but if you ask them politely [you sound polite to me :)] maybe they'll tell you.

 

You're on the lower scale of overpayments and I'd say prison certainly isn't an option. That's reserved for serial offenders or people who claim tens of thousands.

 

I think it's worth a phone call. :)

 

My best, HB

Illegitimi non carborundum

 

 

 

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hi honey bee thanks for your post i phoned debt management and the lady was nice she said its been put as a mistake and has nothing on it about fraud ive chatted to her and feel reassured a bit thanks for that hope fully its just got to be paid back as it WAS an error she said if fraud iuc comes before arrangement to pay back is arranged ive never denied i had this money but it wasnt done deliberately and the worry its put me through now puts me off claimimg anything its so scary>

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if theyve said your not getting a civil penalty thats great news,they know your paying the overpayment back and their happy with that,the amount theyve overpaid you isnt a fantastic amount and your obviously not a serial offender,just pay the overpayment back as you are and dont worry yourself about anything!

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thanks for your words of support citizenkain its reassuring to know peoples views i hope and pray that no prosecution will follow then i can put all this horrible time behind me the debt management lady was kind and said its been accepted as error so maybe i have over reacted somewhat its just awful to be in that position I have to get on with my life I guess

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hi new here read lots and lots of posts lately managed to get on the forum so i can ask for opinions and advice so here goes.

 

I am mum of an autistic lad aged 17 he has recieved DLA mid rate and low rate MOB for a good few years .

 

When i worked smashing mum in law used to watch my son however in later years she became older and more tired

 

on the advice of my sons consultant I claimed carers allowance only working enough hours to be entitled .

 

I have always been fairly on the ball with checking earnings .etc

 

BUT last year my dear mum in law was diagnosed with cancer of the lung

we were all devastated and her chemo/ radiotherapy was awful and

checking things was not at the front of my mind to be honest also i did not receive the usual letter.

 

In Feb this year we were told cancer now in her brain and she was terminal

 

this pushed me who has suffered anx and depression for almost ten years in a really bad way as well as all my family.

 

Then i decided to volunteer for some work at hospice that helped her and

 

when i went to benefits advice they checked things out and i gave them an old wage slip and they checked

 

OMG it turned out that id been overpaid my wages by £2.39 per week for over a year.

 

I was absolutely devastated scared out of my wits and

 

I phoned them the minute I got home

 

the bloke I spoke to was ok and I said that i was now scared it hadnt been checked properly

so I sent 5 years p60s and they checked them all i just owed 2012 to 2013 which was £3458

 

i asked if i would be prosecuted they said they didnt think so but im still scared I let them know on 14th may

 

received overpayment letter 7th june and

 

arranged with debt management to pay £100 pm back

 

they said it is not marked for prosecution but

 

i am sick with worry

 

we lost my mum in law on 1st june and

 

i have lost so much weight

 

im terrified they will take my son away or ill go to prison.

 

part of the reason for overpayment was my wages went direct into husbands bank to pay direct debits

and also my tax had been reduced taking me over threshold for earnins

 

I never worked any over my set hours at any time

 

Please can some one let me know their experiences or what they think

 

ive read about interview under caution and

 

im scared although ive phoned dwp a good few times theyve said they dont think its fraud

 

im scared to believe them HELP :|:|:|

 

Are you saying that your net wages were £2.39 over the limit for every week of the year? If so, you do know that if you had paid into a personal pension policy double that amount - £4.78 every week, you would still have been entitled to the full £58.45 a week.

In other words at the cost of £248.56 into a private pension policy you would have retained the £3458!

 

As it is you have lost the £3458 by earning £125.

 

Some people actually use the Carers Allowance as a very efficient means of paying into a pension policy. One person I know earns £260 a week and pays £320 into a pension policy. The difference (£320 - £260) is made up of the Carers Allowance of £59.75. The Carers payment over the year adds up to over £3100 extra in the pot.

 

Have you not enquired about starting a pension policy? With the premiums paid in now just after the end of the tax year that the overpayment has arisen in. In your case I would be back dating the 2012/13 premium of £250 even if it is to stop them taking back the £3458.

Edited by fedupandold
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that dosent surprise me at all tbh but i havent been that knowledgeable about how it all worked but never mind whats happened has happened i no longer want to claim even if entitled the anxiety and stress has made me too ill.It was never my intent to get Carers if i wasnt entitled.All the worry with my mum in laws illness and passing has wrecked my mental state so im just wanting to have closure on it all

Edited by tracieann
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Are you saying that your net wages were £2.39 over the limit for every week of the year? If so, you do know that if you had paid into a personal pension policy double that amount - £4.78 every week, you would still have been entitled to the full £58.45 a week.

In other words at the cost of £248.56 into a private pension policy you would have retained the £3458!

 

As it is you have lost the £3458 by earning £125.

 

Some people actually use the Carers Allowance as a very efficient means of paying into a pension policy. One person I know earns £260 a week and pays £320 into a pension policy. The difference (£320 - £260) is made up of the Carers Allowance of £59.75. The Carers payment over the year adds up to over £3100 extra in the pot.

 

Have you not enquired about starting a pension policy? With the premiums paid in now just after the end of the tax year that the overpayment has arisen in. In your case I would be back dating the 2012/13 premium of £250 even if it is to stop them taking back the £3458.

 

Can you quote an authority on a personal pension payment working please, fedupandold? Of course we don't know tracieann's employment status, age or financial position, all of which could have an impact on her ability to pay a single premium at this stage.

 

You seem to know a lot of people who are clever with ways around the benefits system.

 

HB

Illegitimi non carborundum

 

 

 

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honeybee i am married and employed for 11 and a half hours per week used to be 20 hours but cut them down when my mum in law got older had carers for about eight years i think its a struggle to pay £100 pm month but husband working so will have to manage dont understand all buying extra pensions stuff have a pension which they allowed me half of but i think it was the lowered tax that caused me to be over earnings now its been explained a bit better thanks to you and all for your interest in my problem by the way im 49 but recently feel 109

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Can you quote an authority on a personal pension payment working please, fedupandold? Of course we don't know tracieann's employment status, age or financial position, all of which could have an impact on her ability to pay a single premium at this stage.

 

You seem to know a lot of people who are clever with ways around the benefits system.

 

HB

If you're working and you earn less than £100 a week from paid work, you will not lose any of your Carer's Allowance. If you earn more than £100 a week, you will lose all of your Carer's Allowance for the weeks you earn that amount. Only earnings affect your entitlement to Carer's Allowance. It is not affected by other income, such as an occupational pension or maintenance payments. The £100 is a net figure, which is the amount you're left with after deductions for:

 

 

  • National Insurance
  • Income Tax
  • half of any pension contributions you
    make

http://www.nhs.uk/CarersDirect/moneyandlegal/carersbenefits/Pages/CarersAllowance.aspx

 

 

There are many options available regarding a personal pension plan. One of them is a variable policy.

 

No not really I studied, qualified and worked both for the government and in private practice dealing in UK Tax Law for all of my working life.

 

Carers Allowance was always used along with other income to improve a private pension provison in a very cost effective way.

Benefits in general, have always run side by side with the 'Tax' industry.

 

Do I?

Edited by fedupandold
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honeybee i am married and employed for 11 and a half hours per week used to be 20 hours but cut them down when my mum in law got older had carers for about eight years i think its a struggle to pay £100 pm month but husband working so will have to manage dont understand all buying extra pensions stuff have a pension which they allowed me half of but i think it was the lowered tax that caused me to be over earnings now its been explained a bit better thanks to you and all for your interest in my problem by the way im 49 but recently feel 109

 

If you already have a pension policy, are you not allowed to top it up with one off annual payments?

As I have said all you do is double the excess over £100 and pay it in.

 

In your case the excess was £2.39 a week - £124.28, double it to £248.56 and that is the one off pension payment.

 

You can then reduce the earnings by half of the contribution - £248.56 divided in half - £124.28 - which just so happens to be the weekly excess over the £100 max - £2.39 a week. This will result in your net income going from £102.39 a week to exactly £100.00 a week.

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i wonder if jabba jones or Erica pnp have any words of wisdom would be so grateful

 

Erika's not around at the moment as she has other concerns. I will ask Jabba Jones if he or she has any thoughts.

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.

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fedupandold and antone thanks for your help ive read some good info from jabba jones and Erika on this site before i became a member the main questions I have are

a.if i have recieved my overpayment letter could i still be called for iuc as ive read that anything over £2000 can be tried for fraud aagghh

b.is there anyway that i can get a written reply to say i will not be prosecuted as i think it will set my mind at rest and stop me

obsessing thanks for your kindness guys

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I had received my over payment amount & was in the process of arranging to pay it back when I got called in for an IUC. BUT it was all quite quick. I think from the day compliance visited & it became apparent I had been overpaid, them to work out the over payment, then the letter for IUC arriving was within 2 weeks. No guarantee for someone else, but I suspect you would have heard by now & I do think it would look a tad daft in court them trying to accuse you of £2 a week fraud!

Sounds like a darn awful time for you :sad: And they can see that. It is a shame about the pension, but you would have to have known you were earning too much, to think of using the £2 elsewhere & it is definitely obvious you didn't. They probably wont put it in writing, but they have done the next best thing saying they wont prosecute? The lack of penalty is a good indication too, I didn't get penalties or cautions either.

Just the darn debt to pay back grrrr

 

p.s the 2k threshold is more an indicator to what is worth while paying out court for, is it in the public purses interest kind of thing. Even higher amounts than 2k need to have a high chance of them winning in court, & it doesn't sound like yours would work for them at all.

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hi jadeybags and ta so much for your input its invaluable when someones been through it like ypo didnt you get prosecuted I wish they could realise what it does to someones life Yes there are people who set out to defraud hundreds and thousands of pounds but that is fairly rare surely . and the stress of waiting makes people ill Well I guess thats me vented No fraud was the last thing I would ever have done too much to lose not wise enough about payments pensions etc and going through it with our lovely Mum in law was my problem please add any input you feel can help ....as it does

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THANKS jadeybags really helped to hear from you I have paid back one payment so far it will take me three years in all but i am relieved to start paying it off I just wish I had been with it enough to remember to check thats all but as we said so much going on with family In a way it can happen to lots of people and its scary as hell I have never had bad thoughts despite having anx and depression for years but this made me terrified im just hoping to heaven now that all will be ok this website is fabulous for anyone going thru stuff like this thanks to you and everyone for support

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fedupandold and antone thanks for your help ive read some good info from jabba jones and Erika on this site before i became a member the main questions I have are

a.if i have recieved my overpayment letter could i still be called for iuc as ive read that anything over £2000 can be tried for fraud aagghh

b.is there anyway that i can get a written reply to say i will not be prosecuted as i think it will set my mind at rest and stop me

obsessing thanks for your kindness guys

 

Tracieann, just reading through the thread.

 

Can you just confirm how I've understood it. You contacted Carers Allowance to report the problem & the overpayment was then calculated, using the information you provided them with?

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hi jabbajones ive read some great info started on here from you Yes i rang and informed dwp the day the benefit advisor told me i was over about an hour after actually cos i had to get home first ! Just have so much anxiety about being prosecuted it scares me witless they looked through five years p60s cos iwas scared it had been worked out wrong but there was only 2012 to 2013 £3458 nearly bloody died of shock whats your view jabbajones thanks for your support oh and yes they worked out the overpayment from the info i sent i think iwas a year and two weeks over

Edited by tracieann
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Then it sounds like its all been dealt with internally by the benefit processing section & their decision makers.

 

They've not referred it to fraud & the overpayment letter you received will have had slightly different wording on it to the one that issued after a fraud investigation.

 

This means that even if FIS do find out about the work in a future scan, there is nothing to investigate, the benefit decision has already been made & they wouldn't be able to prosecute you anyway.

 

Hopefully this helps & you can stop worrying!

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