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    • With any benefits system which has some form of controls in place, you will see some of these reported events happening.  Obviously it is not just people that are claiming benefits that commit suicide.  I think the biggest cause of death of men between 40 to 50 is suicide.     it would be interesting how the UK compares with other similar countries.     Does the UK have worse social problems than other wealthy countries?  Are countries, particularly non English speaking, more community orientated, with family generations living close by, offering support to young and old ?   Trying to concentrate blame on one thing, without looking into all of the other relevant issues, can lead to misleading conclusions.     You would think that following a suicide death, Coroners would have obtained copies of all relevant information including DWP files.   Why is there not a requirement to properly investigate such deaths at the time they occurred and to learn something from  each case ?
    • No DWP is in denial, the Errol Graham case has caused much concern   https://www.disabilitynewsservice.com/errol-graham-coroner-pledges-to-press-dwp-on-safeguarding-review/   Something is amiss with the procedures, Capita and the PIP Assessments seem to go against what a claimant's doctors say quite often, as do the UC Work Capability Assessments
    • oh don't you just love fleecers out to make a buck out of people they think are just mugs..
    • Useful link, BN.   The article mentions that the National Audit Office said that the DWP isn't learning anything from its mistakes.   HB
    • 1.     The Claimant claims £9,240.52 for monies due from the Defendant.   2.     This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company Limited.  Each agreement had an individual account number as follows: 01xxxxxxxx, 00xxxxxxx, 97xxxxxxx, 96xxxxxxx.   3.     The Defendant failed to make payments as per the terms resulting in the agreement(s) being terminated.   Notice of such is served by a Default or Termination Notice subject to the terms of the agreement(s).   4.     The debt was assigned to the Claimant on 22/11/2013, with a notice provided to the Defendant.   A new master reference number xxxxxxxxxxxxx was also applied upon assignment.   5.     The Claimant has complied with the Pre-Action Protocol for Debt Claims   DEFENCE ……………...   The Defendant contends that the particulars of claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.   1.     Paragraph 1 2 is noted and denied accepted . I have had financial dealings with The Student Loans company in the past.  I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.   2.     Paragraph 2 is noted and accepted.  I did take out 4 student loans with the Student Loans Company.   2.     Paragraph 3 is noted and denied.  The Defendant never agreed to make payments to the Claimant, terms of the original Student Loans Agreement have been adhered to and thus repayments of loans are not due.  The Claimant is put to strict proof that an agreement(s) to make payments was made and a breach of agreement(s) occurred.   Paragraph 3 is denied as The Defendant maintains that a default notices were never received. The Claimant is put to strict proof that default notices were issued to, and received by the Defendant    3. Paragraphs1 & 4 are denied.The annual income of the Defendant has never exceeded the published limits for deferral since graduating in XXXX. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant pursuant to the LoP Act 1925.   4.      On receipt of this claim I requested (Royal Mail signed for) on 14/02/2020 a CPR 31.14 from the Claimant's solicitor and a section 77 CCA from the Claimant, to which both have failed to respond to,  It is therefore denied with regards to the Defendant owing any monies to the Claimant;  the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 CCA Request, therefore the Claimant is put to strict proof to: (a)   Show how the Defendant has entered into an agreement(s) (b)  Show how the Defendant is in breach of agreement(s) (c)   Show why the Claimant has terminated agreement(s) show the nature of breach and service of Default Notices and subsequent Notice of Sums in Arrears in accordance with the Consumer  Credit Act (d)  Show how the Claimant has reached the amount claimed for and (e)   Show how the Claimant has the legal right, either under statute or equity to issue a claim.     5. On receipt of this claim I requested (Royal Mail signed for) on 14/02/2020 a CPR 31.14 from the Claimant's solicitor and a section 77 CCA from the Claimant,  for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 requests and their solicitors, Drydens Limited, have refused my CPR 31.14 request.    6.     The Defendant has supplied the Claimant with a deferment letter and evidence every year that their income is below the threshold for repayments, by way of Royal Mail signed for and proof of postage has been kept. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.      7.     The Defendant has done everything required of them to qualify for deferment as per the original agreement(s) with The Student Loans company.  The Claimant has only once acknowledged a deferment letter on 16 September 2014 whereupon they granted their request to defer repayments for that year. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8.The Defendant therefore fails to see how they are in breach of any agreement(s) and deny the Claimant's claim of £9,240.52 or any other sum, or relief of any kind. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief        ……………………………...   delete the red add the blue.    
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Jevb

P45 issues with old employer

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So in April 2015 I walked out of my job.

 

My boss posted me my p60, which I thought was all I needed, However now I am trying to apply for ESA due to health conditions and I am told I need a P45 form.

 

I asked my boss for a P45 and she said she sent it with my P60, but I know for a fact I don't have it because I keep all forms like that in a drawer and I have checked for it multiple times.

 

What can I do? She swears blind that she has given me it already, and without this I cannot finish my claim, also from what I gather you cannot get a replacement form..

 

HELP :(

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Suggest you send your ex-employer a note along these lines:

"You have sent my P60 as the law requires you to do by 31st May. For that I am grateful.

You definitely have not sent my P45 at the same time, if it was in the same envelope I would have got it.

Please note that unless you send it to me I shall be contacting my local HMRC tax office who have legal powers to make you send it to me."

 

Perhaps at the same time a note to your local HMRC office explaining that your ex-employer is refusing to send your P45 to you and that you are suffering as a result because you can't pursue your claim for Employment and Support Allowance.

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Thanks, but as she believes she has sent me it, I don't see how threatening legal action will help..

 

A little back story; she is an aging lady (60+) and she is on lots of medication for various illnesses, she was extremely forgetful with payslips, wages and other things, but she is a genuinely nice person.

 

Is there any other way you can think of going about this? if not I geuss I will have to just go to the tax office.

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If a P45 has been lost or not provided, you should ask your employer for a statement of earnings.

 

If they still won't provide it then contact HMRC.

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