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    • Evening Caggers, I've attached what Lowells had sent the OH relating to my CCA request.  If you ask if the credit agreement could be better its even worse in real life (its pretty much unreadable to the naked eye).  They've asked me on the last letter the OH got off them that they would not be sending another copy of the CCA as they've already sent one.  I get that they've sent her a CCA, but to be unreadable this cannot be correct.  Anyway the stars aligned today as the postwoman delivered the contents of the SAR I'd sent to Lowells.  What they sent was generic letters but without the OH's details showing which I thought was quite strange, copies of what I've attached on the PDF and a couple of legacy information from the previous DCA that had it.  What was not included was a breakdown of any additional charges and interest placed on the account nor a Default Notice which I specifically asked for.  Anyway any thoughts on what I've posted would be much appreciated.  Thanks PM  20201031-Lowells OH Vanquis Card Redacted.pdf
    • You need to tell us the story.  I'm afraid that the claim form gives almost no useful information.   You've been here since January and it's a shame you didn't come to us before starting this
    • You made  number of errors:   You didn't take pictures You used Hermes You relied on faith (Bless!)   Yes, you will have to issue legal proceedings. Post up your proposed letter of claim here before you send it off.  Don't expect it to have any effect.  You will have to issue the papers.   Normally Hermes would then force you at least to go to mediation and would then settle for what they think they can get away with in order to avoid court action.   Hermes don't want judgments against them where those judgments would expose their unfair treatment of customers - such as insisting on insurance to cover their own negligence, or relying on a prohibited items list to evade liability for loss.   However, in your case, the issue is not one of insurance or prohibited items.  The question is merely whether the items were adequately packed and so on this issue they could afford the risk of going to court and losing because nothing would undermine their way of doing business. I am telling you this because it means that Hermes might be slightly more determined than usual to to face a judge even though the dispute is over a small sum.   Read around some of the Hermes threads to see how it normally goes - but as I suggested, most of them will not be relevant to you.   I don't see any purpose in sending an SAR in this case but please do tell us if you disagree.   Once you send the letter of claim, you must carry out your threat to begin the claim on day 15. Register on the Moneyclaim website and start getting the claim ready.  Let us see the draft POC before you click it off          
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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        • Thanks
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overpayment court case dropped, but i've lost my home and contents - redress?


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Hi, In 2009 my JSA (income based) stopped & so did my H/B & CT/B and

 

 

I then received H/B etc through my applicable amount after filling in a 'Review' form from the LA.

 

 

5mths later I qualified for JSA again & I again received H/B CT/B through my passported benefit.

 

 

Would I at the time have had to filled in a new application form for H/B ie HCTB1 or a Rapid Reclaim form (if in time) HBRR1 please?

 

Thank you.

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No it would just have been a change of circumstances.

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

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As a form was needed to change my circumstances (review form) from a passported benefit

I assumed a form was required to change it back to a passported benefit

and the entitlement to H/B etc via the review form (applicable amount) was superceded

by my entitlement via a passported benefit there would have to have been some documentation.

 

 

The regs say that a rapid reclaim can be made within 26wks for H/B providing my circumstances had'nt changed since my last claim

and as it was within 26wks and my circumstances hadn't changed so it seems logical that a rapid reclaim form was submitted by me

otherwise I would have to have made a new claim for H/B.

 

 

The LA are using against me a form that was superceded months before the date they prosecutedd me from.

Edited by hayclan
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rapid reclaim forms are only required where there has been a break in HB entitlement, such as moving from JSA(ib) to full time work for 2 months (where income is too high for HB) then back to JSA(ib)

 

if HB is continuous, such as moving from JSA(ib) to part time work for 2 months (where income is low enough to still get HB) then back to JSA(ib), then it can simply be treated as a change of circumstance

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Exactly my point!

 

My JSA stopped so did my passported entitlement to H/B.

The LA informed me so & said there may be an overpayment etc,

 

I was then invited to fill out a review form due to my change in circumstances etc,

 

22mths later my circumstances changed again and I was then entitled to H/B through a passported benefit

so that became a change in circumstances and the 'conditions' of my entitlement changed.

 

In both cases I had full entitlement but my entitlement came through different applications & regs,

 

when my entitlement changed from applicable amount (no benefits) to a passported entitlement (JSA) (IB)

 

I would have to signed a declaration saying that my circumstances hadn't changed since my last claim

(JSA) (IB) to enable me to have a rapid reclaim (within 26wks).

 

That's what the rules say & it makes sense.

 

The LA are using a review form that was superseded.

 

Thank you.

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if HB is continuous, then it can simply be treated as a change of circumstances, there is no need to complete a form

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So why did I have to fill in a Review form when my JSA finished?

 

so that the Council knew your circs/income/capital to carry out a means test

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correct. So why didn't I need to fill in another form to stop that entitlement due to my circumstances, ie JSA (iB). Point being how can a form be used in court when it was superceded by another entitlement? Thank you.

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JC+ does the means test when you go back onto JSA(ib), so the Council dont need to do a means test, this is the reason JSA(ib) is a "passported benefit"

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Ok I get that because I know that the DWP do there own investigations & see documented proof and the LA accept those, that's fine but it either has to be a 'fresh claim'form (not in reciept of H/B) HBCT1 or it's a rapid reclaim HBRR1 (within 26wks, which it was) There are only these two that apply to this situation. I'm sure the LA cannot use a form in a prosecution that was superceded by another form.

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We cannot accurately advise you in what seems to be some sort of benefit fraud case without actually knowing anything about what sort of fraud, if any, is being alleged. Based on the information we have, we can't say what the LA can or can't use in court, a matter which would, in any case, be up to the judge to decide.

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Hello Antone, This situation is crazy I promise and would take an age to tell.

 

I am accused of 'failing to notify' s112 of the SSAA. & have evidence to the contrary.

 

I engaged a Solicitor (1st time) furnished the co with a lot of evidence etc & the Magistrates trial was a farce, the Solicitor agreed things with the prosecution I never agreed to in fact I had only seen my Solicitor in court for the plea then trial, we had never talked about my case!

 

I never once got the chance to 'engage' with him in fact at my trial I was convinced that he hadn't even looked at my paperwork & didn't appear to have any of it with him at my trial. Anyway due to that I am now a litigant in person and going through an appeal, I have had 5 seperate dates for my appeal which were all cancelled last minute, the last appeal was about to be heard and I gave the prosecution Barrister a copy of my defence statement and the appeal could no longer be heard, I pointed out the prosecution had not been bought in time (true).

 

The point of my question, was in essence, that the prosecution had provided 'evidence' of a H/B CT/B application form with my signed decleration (no evidence of an award notice/letter) as proof that I was in receipt of that benefit except that form was superceded within 26wks, 8mths before the start of the alleged offence!

 

it is not evidence of receipt of H/B etc for the alleged period!

 

I have no doubt that I was in receipt of H/B & CT/B at the start of the alleged offence (wasn't in rent arrears) but the review form doesn't count as it was superceded before the alleged offence! No evidence has been shown that I was in receipt of H/B through the alleged period.

Edited by honeybee13
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when you say you are going through an appeal, do you mean that: -

  1. you were found guilty at magistrates court, and you are now appealing the conviction?
  2. you are appealing against a Housing Benefit (and/or CTB/CTR) decision to a tribunal?

 

you are stating that without an award letter, there was no proof you were in receipt of HB

does this mean: -

  1. that you were not in receipt of housing benefit during the relevant period
  2. that you were in receipt of HB during the relevant time and just that the letters were not in the bundle

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The LA told lies to a tribunal and I was found guilty of an overpayment and refused an appeal (I can prove the lies)

 

then the LA charged me with a criminal offence and I was found guilty,

 

I appealed and the LA offered no evidence against me and all charges quashed.

 

The prosecution was malicious/abuse of process.

 

Two things,

is there anything I can do to overturn the tribunal decision regarding the overpayment

and

what action can I take against the LA for this abuse of process?

 

I lost my home and contents and they raked through every corner of my life with their investigations.

 

The harrassment of me must have cost the residents a pretty packet.

 

I would appreciate any advice you may have.

 

Thank you.

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did you appeal to Upper Tribunal?

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did you appeal to Upper Tribunal?

Yes but it was refused. I thought that was that but have since been told that there was Judicial Review. I had a lot of Civil cases going back and forth with the LA at that time so was distracted. Thank you.

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several old threads merged for history

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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based upon your apparent reticence to provide sufficient details of what has happened to allow people to adequately offer meaningful advice, i would advise that you seek professional legal advice about options open to you

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