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    • Well If I pay British Gas £90 a month they’ll be paid off in about 17 months. That’s a long time but if it’s gunna effect my credit rating until November 2023 why bother paying it off early?    Ive worked out too the PDL default will be 6 years old on the 22/01/2020 so is there a point even doing anything with it? If it gets removed after 6 years does that mean I won’t have to pay it back?    Thanks  Andrew 
    • Minor developments:   a) Notification received that case has been referred to County Court at Chesterfield and we've to await the Judge's directions re allocation etc.    b) The letter I sent on 20th August to the agent (Lambert Smith Hampton) that manages the Berkeley Precinct and has its address on the board at the entrance, has been returned by the Royal Mail National Returns Centre, with a sticker saying the "addressee has gone away"!!   Don't they have an obligation to change the signage if they move, and why wouldn't such a large company have their mail re-directed?   The letter requested assistance in obtaining a copy of the contract between VCS and the landowner. I'm a bit mystified, but have found an additional address, so I could resend the letter and give it another try. 
    • urm.. FmoTl twaddle me thinks followed here
    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
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ChloeLT

Have i committed benefit fraud??

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me and my partner moved in together in July 2014 and i have forgotten to let tax credits know to change to a joint claim (Only realised today) my partner works full time and brings home around 1400 a month. Were in loads of debt as it is

 

My anxiety is kicking in overdrive thinking im going to get fined and sent to prison!

 

I havent phoned tax credits yet as im petrafied.

 

any advice would be great

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give them the details so they can calculate and stop the overpayment.

then you can negotiate a repayment plan.

 

by proactivly addressing the situation you massivly reduce prosecution.

 

the longer you leave it however, the worse it will get.

 

now you have found this site maybe we can help with the debts tooo


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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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Thank you, will my partner have to be with me when i make the phone call (when i pluck up the courage?)

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Another helpful bit of advice

 

Do not make a phone call

 

Prepare a draft letter here without personal details.

 

Explain what happened and when and that due to your anxiety you forgot to inform them of a change of cirumstances. You would like to update your corcumstances with them and make an arrangment to pay back any over payments.

 

Send the letter to the correct department recorded delivery.

Keep a copy and also attach proof of posting and receipt.

 

Others here will be able to tell you what to expect and help.

 

For your other debts. you may want to start a new thread so we can help you tackle those.

 

In that thread for each debt you will want to list

 

Original company debt was with.

Rough Amount

Type of Debt - Credit card/overdraft/catalog/loan/utility bill

Which company OWNS the debt now.

When was the account taken out.

What is the state of play with the debt? EG still with original creditor/sold to dca/County court claim issued/ccj obtained.

 

It might seem like a massive mountain to climb BUT you empower yourself by getting the information and start tackling them. Once you have the first under control you WILL begin to feel better about yourself


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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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Hello there.

 

I would also encourage you to tell them about the overpayment. Prison is extremely rare, so unless you've overclaimed a huge amount or done this before, I think the most likely thing is a repayment plan, as others have said.

 

HB


Illegitimi non carborundum

 

 

 

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Sorry I have to disagree with the above. Writing to them can take weeks to deal with and will increase any overpayment due.

 

Calling to report the change is the quickest and easiest way to resolve this. They will end the claim there and then from the date you lived together. An overpayment will be calculated and letter sent to you to confirm.

 

They will go through an eligibility check for a joint claim and if eligible they will send you a form. It is then likely that your overpayment will be recovered from your new claim.

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I agree with blondebubbles in this situation.. telephone them - you can always send a letter directly afterwards with a summary of the call.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Point taken. Do both.

 

I was taking into account ops psycological wellbeing as well. Op can set aside from now all the benefit money coming in.

 

But either way. The letter is proof that op can use to demonstrate they are trying to sort things. So even after phonecall do a letter summarising phonecall


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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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Sabre, I understand your logic and would normally agree that telephoning is not the correct route.. but in this instance and as it is a government debt, then I think dealing with the situation swiftly is the way to go.


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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BB is the expert, if they think ringing is the way to go, that's what I would do. Generally people report back that the phone people are pleasant to them.

 

BB, would it be worth following up the phone call with a letter to confirm please?

 

HB


Illegitimi non carborundum

 

 

 

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BB is the expert, if they think ringing is the way to go, that's what I would do. Generally people report back that the phone people are pleasant to them.

 

BB, would it be worth following up the phone call with a letter to confirm please?

 

HB

 

I don't personally see what good the letter will do.

 

Any overpayment will be calculated based on monies paid after the OP started living with their partner. The overpaymrnt won't be reduced on the basis that she OP is now reporting the change.

 

I would only see this being beneficial if it was a compliance check as then penalties would be involved.

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Personally I would inform the council also if you are in receipt of any housing or council tax benefits, as council tax has a single occupier discount if you live alone, if not you are no longer entitled to this. The councils generally arn't as pleasant as the tax credit office. I once sent them a letter after changing my hours at work to inform them. Over a year later when pregnant with my second child I moved home and within days of moving in received a letter saying they were investigating me for benefit fraud. They put me in a little room with 2 men 5weeks after giving birth and interviewed me under caution, one of the men stated I used the word intentionally alot and asked if I had googled it, anyway this was to do with me apparantly not informing them I had changed my work hours, they were pretty sheepish when I presented them with a copy of the letter I had posted to them recorded delivery, luckily I kept the proof. but as I said make sure you inform them asap. Hope you get sorted.

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I don't personally see what good the letter will do.

 

Any overpayment will be calculated based on monies paid after the OP started living with their partner. The overpaymrnt won't be reduced on the basis that she OP is now reporting the change.

 

I would only see this being beneficial if it was a compliance check as then penalties would be involved.

 

Thank you BB, I didn't realise that. It goes against the way of dealing with a lot of organisations that feature here.

 

HB


Illegitimi non carborundum

 

 

 

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I don't personally see what good the letter will do.

 

Any overpayment will be calculated based on monies paid after the OP started living with their partner. The overpaymrnt won't be reduced on the basis that she OP is now reporting the change.

 

I would only see this being beneficial if it was a compliance check as then penalties would be involved.

 

Thank you BB, I didn't realise that. It goes against the way of dealing with a lot of organisations that feature here.

 

HB

 

I am a firm believer of CYA, not just with financial institutions that have crap customer service departments, but also with Government departments that deal with money in one form or another.

 

A letter would just need to summarise what was said and by whom in a telephone conversation that have a habit of being misunderstood by one side or the other.

 

However, I bow to the expert knowledge of those in this instance.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am a firm believer of CYA, not just with financial institutions that have crap customer service departments, but also with Government departments that deal with money in one form or another.

 

A letter would just need to summarise what was said and by whom in a telephone conversation that have a habit of being misunderstood by one side or the other.

 

However, I bow to the expert knowledge of those in this instance.

 

It's honestly just a matter of choice. There is no right or wrong answer.

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