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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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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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