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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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JSA Reduced Payment Help

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Horrific story - you'd think the DWP were doing it deliberately. (and in my view they're quite capable of doing tricks like this to get benefit payments down). Even more appalling that they say this sort of thing is happening a lot.

 

Strange how, if the DWP suspect we're fiddling they can get in touch with everyone - Tax, Council, etc - more or less instantly yet when it comes to us requiring it, they suddenly aren't able to contact anyone. I had this a few years ago when my whole claim was closed down accidently and I had to run round getting all the benefits restarted when a simple call from the DWP to the Council would have started everything again.

 

I hope you get it sorted out soon..and don't forget you can also claim compensation for DWP errors which cause you hardship and stress - and this certainly seems to be a prime example. Well worth making a compensation claim after you've got your normal money paid back.

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Hi ... thank you for your comments.

 

I have been flabbergasted by it all. This is the first time I have been unemployed and had to claim benefits in my life and I really can't get my head around how arrogant and unhelpful the DWP are to deal with over the telephone and how they try to belittle you.

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Edit date of MF47 to December rather than September.

 

Well spotted, thank you ...

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Here's the link to info regarding claiming compensation for DWP errors;

https://www.gov.uk/government/publications/compensation-for-poor-service-a-guide-for-dwp-staff

 

An extract from the page reads..

'What is maladministration?

Unfortunately, we don’t always get things right first time. The term ‘maladministration’ is not defined, but is sometimes used to describe when our actions or inactions result in a customer experiencing a service which does not match our aims or the commitments we have given. It applies to situations in which we have not acted properly or provided a poor service. For example: wrong advice, discourtesy, mistakes and delays.

 

Your case seems perfect for some compensation - you've certainly suffered 'wrong advice, discourtesy, mistakes and delays'

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Here's the link to info regarding claiming compensation for DWP errors;

https://www.gov.uk/government/publications/compensation-for-poor-service-a-guide-for-dwp-staff

 

An extract from the page reads..

'What is maladministration?

Unfortunately, we don’t always get things right first time. The term ‘maladministration’ is not defined, but is sometimes used to describe when our actions or inactions result in a customer experiencing a service which does not match our aims or the commitments we have given. It applies to situations in which we have not acted properly or provided a poor service. For example: wrong advice, discourtesy, mistakes and delays.

 

Your case seems perfect for some compensation - you've certainly suffered 'wrong advice, discourtesy, mistakes and delays'

 

 

 

Thank you for the information. I will defiantly make a complaint ....

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Update

 

Out of the blue I received a call from the DWP on Friday, not sure why as I hadn't requested a call back. Typical, you request a call back and they don't bother to call, you don't request a call back and they do call you!!!!!

 

I was told that the relevant department was still looking into the matter and could take a further 5 working days. I asked why is it taking so long to sort out and the reply was " Don't know, but you could help us by getting letters from Argos Ltd & HMRC to help us. We do ask claimants to assist us in getting paperwork as we are very busy at the moment" UNBELIEVABLE!!

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What paperwork are Argos meant to send them? As I understand it, you've not worked for them; so they wouldn't have anything on you, apart from possibly a letter rejecting you.

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What paperwork are Argos meant to send them? As I understand it, you've not worked for them; so they wouldn't have anything on you, apart from possibly a letter rejecting you.

 

No, I have not done any paid or unpaid work for Argos Ltd.

 

The DWP claim to be using information about my income given to HM Revenue & Customs by Argos Ltd and based on this information the DWP have reduced my JSA entitlement. The information that they have based their decision on from HMRC is inaccurate and HMRC have verbally confirmed this to me.

 

As far as I am aware DWP have requested or are going to request information from HMRC.

 

Every time a talk to the DWP they always ask me to get a letter from Argos to confirm that I have never worked for them. I have rang Argos and they told me that me that any requests for information must come from the Department for Work & Pensions and that the DWP always FAX or email requests to us, which we complete and return the same day.

 

I have told the DWP several times that any requests for information from Argos must come from the Department for Work & Pensions.

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I have rang Argos and they told me that me that any requests for information must come from the Department for Work & Pensions and that the DWP always FAX or email requests to us, which we complete and return the same day.

 

I'm sorry but that's just plain wrong.

The only DWP staff who can legally request this information from Argos are Authorised Officers from the Fraud department. They do this in writing. A fax would rarely be used, normally only after initial contact to chase something up or obtain missing info & an email would never be used. It's a big no no.

 

At the moment the DWP have a list of all your earnings including tax & national insurance paid etc, in the current tax year. This has come from the Real Time Information (RTI) system. This is new & all the information on it has been provided to the HMRC by Argos on a monthly basis. Most DWP staff will know nothing about RTI & judging from what the HMRC told you on the phone I'm guessing their staff don't either.

 

The only thing that's going to change this decision is proof that you did not get paid.

 

You can either wait for the DWP to do this (slowly) or do it yourself. Bank statements might be a start if Argos are still unwilling to help you.

 

You'd then need to find out what stage your case is actually at.

Is it still with the section that reduced your benefit (used to be called the BIC team but this has recently changed to something else that I can't remember!), has the case been referred to fraud to investigate the overlapping periods where you received benefit & the RTI shows payments from Argos. If Fraud decide its not suitable for them it could be forwarded Compliance to contact you or sent back to BIC to calculate an overpayment.

 

Probably not the answer you want, but hopefully this will help you understand what is going on.

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I'm sorry but that's just plain wrong.

The only DWP staff who can legally request this information from Argos are Authorised Officers from the Fraud department. They do this in writing. A fax would rarely be used, normally only after initial contact to chase something up or obtain missing info & an email would never be used. It's a big no no.

 

At the moment the DWP have a list of all your earnings including tax & national insurance paid etc, in the current tax year. This has come from the Real Time Information (RTI) system. This is new & all the information on it has been provided to the HMRC by Argos on a monthly basis. Most DWP staff will know nothing about RTI & judging from what the HMRC told you on the phone I'm guessing their staff don't either.

 

The only thing that's going to change this decision is proof that you did not get paid.

 

You can either wait for the DWP to do this (slowly) or do it yourself. Bank statements might be a start if Argos are still unwilling to help you.

 

You'd then need to find out what stage your case is actually at.

Is it still with the section that reduced your benefit (used to be called the BIC team but this has recently changed to something else that I can't remember!), has the case been referred to fraud to investigate the overlapping periods where you received benefit & the RTI shows payments from Argos. If Fraud decide its not suitable for them it could be forwarded Compliance to contact you or sent back to BIC to calculate an overpayment.

 

Probably not the answer you want, but hopefully this will help you understand what is going on.

 

Real Time Information (RTI) system

Not exactly real time if the DWP state the information relates to a payment from October 2014, yet it took the DWP until December 2014 to write to me and that the real time information is wrong.

 

What stage your case is actually at?

The case has been passed to the Benefit Integrity Centre in Illford.

 

I will be forwarding my bank statement tomorrow with the above letter.

 

In Summary, I have never worked for Argos and the Department for Work & Pensions have made an assumption on incorrect real time information information and have forced me into unnecessary hardship

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I would add in a short one liner near the begining just to spell it out for them

 

"You will consider this a formal written request for a mandatory consideration"


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi ....

 

Thank you for taking time to proof read the letter and I will add your suggestion to the letter before I post tomorrow.

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Formal written request for a mandatory consideration sent by recorded delivery today.

 

I have also had a response from my local MP today and he has sent an email to the DWP asking them to urgently investigate at the matter.

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Formal written request for a mandatory consideration sent by recorded delivery today.

 

I have also had a response from my local MP today and he has sent an email to the DWP asking them to urgently investigate at the matter.

 

Got to laugh at this... If they work as fast as our MP then you probably got at least 15 working days to wait for a answer.

 

I would not say our MP's slow but I am sure he has moss growing on one side of him.

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Got to laugh at this... If they work as fast as our MP then you probably got at least 15 working days to wait for a answer.

 

I would not say our MP's slow but I am sure he has moss growing on one side of him.

 

He looked half a sleep during Prime Ministers Questions on Wednesday, so you're probably right.

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The DWP don't use faxes anymore?? That's a change for them, then - as a DM (a few years ago) we used faxes all the time to get info from employers, and even 4 years ago as an appeals rep, they were still wanting things faxed to them. Giving up faxes must have been a big change!


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

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The DWP don't use faxes anymore?? That's a change for them, then - as a DM (a few years ago) we used faxes all the time to get info from employers, and even 4 years ago as an appeals rep, they were still wanting things faxed to them. Giving up faxes must have been a big change!

 

I used to be a Payroll Administrator for a large holiday company and received faxes weekly from the DPW asking for information.

 

It may be a recent change that the DWP don't use FAX machines.

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I used to be a Payroll Administrator for a large holiday company and received faxes weekly from the DPW asking for information.

 

It may be a recent change that the DWP don't use FAX machines.

 

It must be very recent then as FAX numbers are still listed on some of their paperwork.

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I still haven't had a response from the DWP....

 

I have 2 job interviews next week (approximately 20 miles from home) and as I'm still only getting £38.33 per week I can't afford the travel costs (petrol or public transport). DWP refused to help, and here was me thinking they where there to help you back into work.

 

So, to add insult to injury I received a P800 from HMRC this morning claiming that I have underpaid income tax for the sum of £1083.00 for 2013/14.

 

I GIVE UP!!!

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Hello there.

 

Others know more than I do, but I thought the DWP were meant to help you with expenses for going to interviews.

 

Have you started a thread in the HMRC subforum about their letter to you?

 

HB


Illegitimi non carborundum

 

 

 

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Hello there.

 

Others know more than I do, but I thought the DWP were meant to help you with expenses for going to interviews.

 

Have you started a thread in the HMRC subforum about their letter to you?

 

HB

 

I have asked for help towards interview costs as I have £1.12 to last me until Monday 19th January. The DWP said they may be possible to reimburse some travel costs but will only do so if i present receipts.

 

So, to recap.... The DWP force me into hardship for an error they have made and I am still waiting for them to resolve and issue a back payment and now they wont help me with travel expenses to attend interviews next week. UNBELIEVABLE!!!!

 

As for the HMRC, they have based calculations on a different tax code to my P60, so it's yet another error I am having to deal with, I will phone the HMRC on Monday to sort it out.

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UPDATE

 

Received a letter from the DWP (Oldham) on Saturday 17th January confirming that they have received my request for a Mandatory Reconsideration. I sent my Mandatory Reconsideration to Ilford Benefit Integrity Centre and it's been passed to the Dispute Resolution Team in Oldham ..... the DWP do like to paper shuffle!!!!!!

 

Received a phone call from the Dispute Resolution Team this morning, 19th January informing they have looked at my case again and have restored my benefits to the full entitlement and will process a payment for the arrears that are owed.

 

So, no apology for the error or for the unnecessary hardship they have caused.

 

I am now going to see about claiming compensation for DWP errors. https://www.gov.uk/government/publications/compensation-for-poor-service-a-guide-for-dwp-staff

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That's great news - though I'm not surprised they didn't have the courtesy to offer an apology or explanation. Hope you get as much compensation out of them as you can, remember to claim for every expense you incurred while wrongly deprived of your income, including the mental stress and anxiety which must have been considerable. Good luck.

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