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    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
    • nope, as the display model was not the colour the customer wanted. but your question is totally immaterial anyway as custom built doesn't come into it. dx
    • as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count) dx  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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benefit fraud


Danilou91
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I'm trying to help as I am a fraud officer and state facts, my last post was tongue in cheek regrading the so called bonus we get.

 

You could be anyone,you could be a super troll,bus conductor or time waster for all we know !

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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You could be anyone,you could be a super troll,bus conductor or time waster for all we know !

 

I'll tell you what then, I will remove my advice and make it easy for all and then we can just listen to the idiots, which from some posts is apparent they have no understanding of how the system works!

 

I could also be all of the things you mention, but I get nothing out of it so what would be the point in lying.

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You could be anyone,you could be a super troll,bus conductor or time waster for all we know !

 

& it's also fairly obvious from his answers, that he is none of these things. Any regular contributor to this site should be able to tell that!

 

Back to Danilou again. If everything you have said is correct then all you can do at the IUC is tell the truth. I'm no expert on ESA letters, but you will have been sent an award notice & the ESA rules at some point during your claim, probably on more than one occasion. You will have to explain why you didn't read them & hopefully there are no false forms or statements in your claim documents to destroy your excuse.

 

The overpayment amount cannot be changed, but whether a criminal offence has taken place or not is yet to be decided.

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The overpayment amount can be changed on appeal if the diminishing capital rule hasn't been applied. Less common for the dwp to forget to apply it, but it does happen.

 

Yes. But what I meant was that in this case, nothing will in the change in the amount of the overpayment as a result what happens at the IUC.

 

The exact amount will probably not have been calculated yet, but as long as the DM applies the rules correctly, the dates & amounts of money involved should already have been established. The IUC is to see why the overpayment has happened & to see if any further action is required as a result of the overpayment.

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Yes. But what I meant was that in this case, nothing will in the change in the amount of the overpayment as a result what happens at the IUC.

 

The exact amount will probably not have been calculated yet, but as long as the DM applies the rules correctly, the dates & amounts of money involved should already have been established. The IUC is to see why the overpayment has happened & to see if any further action is required as a result of the overpayment.

 

True the IUC changes nothing. Post IUC if the OP disagrees with the decision reached, for a valid reason, then the only recourse is to appeal the decision to a Tribunal.

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

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So I had my interview at 11am, it lasted 45 minutes so not too bad.

Through the interview and my extensive paperwork and bank statements it was incredibly obvious that the overpayment has been their fault, not mine.

At the beginning of the interview I was told that I would be informed at the end of the interview if my case would be taken for prosecution and I wasn't so that's great!

 

The DWP were under the impression that I was always on income based (means tested) but on showing all the letters I have received the interviewer admitted that it would appear that I have been on contributions based.

 

I'm so relieved and can finally eat after 5 days of non stop worry! Thanks all :)

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fraud officer LOL ? Says it all . I am going though hell at the moment still and its a shame that Fraud officers don`t go by facts. That's why I said I heard....Its up to people who post the threads to believe it or not. You seem to have a lot of time on your hands. I think they make up the rules as they go along .. They say one thing and do another. How did you get on today at your interview Danilou91?

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I'm so glad for you :) make sure you take care of yourself ! Has this effected your benefits ? Don`t you think they could of asked you before to send information / proof that it wasn't your fault before calling you in for a interview ?

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They have still stopped my benefits until a 'decision maker' decides if I have to pay anything back or not.

My mum asked why they went straight to an IUC and all they could say was that its standard procedure, typical!

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That's bad when its not your fault . I don't know about you but I think a lot of time stress upset and money could be saved if they done things a different way. I hope you won`t after pay anything back as wasn't your fault. I still don`t know where I stand and because they stopped my housing benefit / council tax benefit if it isn't sorted it couple weeks wont have home :( .. Please let me know what the Decision maker decides and I hope you hear off them soon

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That's bad when its not your fault . I don't know about you but I think a lot of time stress upset and money could be saved if they done things a different way. I hope you won`t after pay anything back as wasn't your fault. I still don`t know where I stand and because they stopped my housing benefit / council tax benefit if it isn't sorted it couple weeks wont have home :( .. Please let me know what the Decision maker decides and I hope you hear off them soon

 

Things can't be done a different way, if an offence is believed to have been commited any further contact has to be under caution as potentially the outcome could be court, so anything said has to be recorded to cover all concerned.

 

It's also not crystal clear from the outset of an investigation of what has actually happened, as with most cases evidence normally collected appears to show guilt. Once you hear both sides of the story and get a claimants explanation this occasionally changes things as they can explain why you might have x, y or z. The point of an IUC is to obtain the facts.

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That is why i said support group esa..where it is not income related.

 

Support Group ESA can be contribution or income related. If it's income related, the same capital limits apply to the SG as apply to the WRAG or the assessment phase.

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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Any idea how the contribution bit works Or a link for explanation?

ok found it..

 

To be entitled to contributory employment and support allowance you must have paid enough national insurance contributions.

 

What if I have savings or other income, will that matter?

 

It does not matter what other income or savings you have, other than any occupational or personal pension. This may reduce how much contributory ESA you receive.

 

If you are placed in the support group there will be no time limit on how long you can receive contributory ESA.

Edited by geoffthechef
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Any idea how the contribution bit works Or a link for explanation?

ok found it..

 

To be entitled to contributory employment and support allowance you must have paid enough national insurance contributions.

 

What if I have savings or other income, will that matter?

 

It does not matter what other income or savings you have, other than any occupational or personal pension. This may reduce how much contributory ESA you receive.

 

If you are placed in the support group there will be no time limit on how long you can receive contributory ESA.

 

Yes, this is all correct, but does not apply to those who are on Income Related ESA and are in the Support Group.

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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