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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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Benefit Fraud overpayment confused


Sammy Jo
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Hello.

 

 

I don't know if this the right area to post. I need help. I'm confused and I'm scared.

 

 

I was reported by my step brother to dwp. He told me he was going to report me because we had had a row.

 

 

DWP sent for my IUC. I got a solicitor. Twice the solicitor didt turn up and it had to be cancelled. When he did, he asked them if they had any evidence. They said no.

 

 

They said they had a report that I had my children dad living with me and I didn't state it to them while claiming. I'm working now and was when I was reported.

 

 

I told them that I was just friends at the dates they were suggesting.

 

 

We were saving to get married and live together. I was pregnant with his child and he two timed me. I split with him out of disgust. He broke my heart and I wouldn't talk to him. When I had my child I put him down as the father on paper. He claimed that it was because I never had time for him as I was always with my family. I wont lie, I was - my mother was in and out of hospital and needed help. I never asked my mother for help with my circumstances so I went to my ex and asked him if he could help me get car insurance as it was to expensive for me too get.

 

 

He told me he still loved me and wanted to get back with me but he made me feel sick as all I heard was the telephone conversation with him and that girl. After some time it was like a friendship with him throwing hints every now and then. I admit I still loved him but I couldn't bear to be around him. It hurt to think about it.

 

 

With all the stuff I had to do I needed a car and job centre also said it would help especially with me looking for a job. I was happy in passing my test. It made me feel more independent and I could get places quicker and also help my mother more. I had been helping with chores and shopping etc. Plus having my own life to sort it was getting to much. I never had any money off him. I paid money to him for him to pay for the car he had me on finance. I paid it from my account into his.

 

 

When my son was 6 months old, my mother died. The stress from what was happening in my relationship disappeared altogether on the death of my mother. Nothing mattered anymore. Not even him. I had never lost anyone before. Id never experienced anything like it and it was unbearable. Months after I started talking with my ex now and again and we started to rekindle the relationship. We started saving again to get married. He lives with his parents. Ive not let him sleep here at all and in past I stayed at his mums. My brother has threatened me before and Im not stupid to risk anything.

 

 

 

 

I told the officers this at the interview as they asked why money was going from my account into his - I told them for bills etc which it was. My car insurance and stuff. I explained I couldn't afford a car so I asked my ex. etc. I explained that if Ive done anything wrong I'm willing to pay back.

 

 

Interview ended and they told me they would be in touch. Solicitor told me they had nothing on me to not worry and he went off.

 

 

Its been over year and I''ve received a letter - well a bunch of letters in two envelopes all with same date stamped on them.

 

 

Ive had this hanging on my back for ages and I feel as if I need to remove it. Ive felt like hurting myself as I don't want my babies to go without because of some stupid mistake I've done and now they will have to suffer for it. I cant talk to anyone because I have no friends to talk to as I moved into another district with my parents and I never really got to know anyone. Im always in the house with my free time. Im scared. Confused and no one is telling me what to do. I feel as if im being blamed for sometikng just because my brother held a grudge against me.

 

 

The letters say notice of overpayment. esa and two lots of jobseekers.

 

 

I went on esa because I nearly crashed the car with the amount of stuff I was doing. I was diagnosed with b12 deficiency, vit d deficiancy and had to go on two lots of tablets (iron and flic acid) also had to have 6 injections in two weeks. I know have to have the injections for the rest of my life.

 

 

Totals are

£880.89 esa

£1321.33 jsa

£2207.30 jsa

 

 

I've contacted the solicitor ive used before but he is always out the office and the time to contact the people on the letter is running out. Ive phoned another solicitor today and they have not rung back either.

 

 

I don't know if they are going to still take me to court as well as making me pay this.

I don't know if other benefit sections are now going to come after me as if I pay this id be admitting to it what they're accusing me off. The interviewing officers said theyd get back in touch but haven't.

And it says on letters that it does not affect any other action, including proceedings in a criminal couret, which may be taken in your case.

 

 

I don't know what to do :(

Edited by Sammy Jo
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As far as having the dad live with you, did you get him to provide proof that he was living elsewhere. Bills statements credit card bill car insurance log book little things like this?

 

If not why not. These would have helped you big time. Just to let you know all agencies data share. They will check your credit file to see if there are any financial ties with him. Can you say whether or not that there was no ties except for the car? Obviously the amount involved may see different recovery actions being taken against you.

 

Secondly how old is the person that passed the information to the DWP? Why would your brother even do this? Is there anything else that could have brought this to the attention of the DWP?

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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It took them over a year between the interview and the letters!

Your problem is that the DWP only have to convince themselves that you are guilty and they can then take the money from existing benefits or even your wage without any need to prove their suspicions in a court of law.

As mikeymark2002 has said the agencies datashare to some extent so if you weren't eligible for JSA it may affect Tax Credits and Housing Benefit. A criminal case is very unlikely, the burden of proof is usually too great for the DWP , they'll just be content to take your money!

You need to get appealing against the decision and quick- there are time limits. You should collect evidence your ex-partner lived somewhere else during these periods and that the allegations were malicious and untrue.

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Is not the burden of proof on the DWP, otherwise they could take money without any evidence. Am I missing something ?

 

In a criminal prosecution for fraud, the DWP needs to believe that it could convince a court of the claimant's guilt "beyond a reasonable doubt". However, simple recovery of an overpayment is a civil matter and the DWP has extensive powers to make deductions from benefits or wages without a court order. Konark is incorrect about only one thing: the DWP is not above the laws of the land: the laws of the land specifically allow what the DWP does.

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Antone is right. To make a decision on benefit the proof is required "on the Balence of probability". To get a conviction at court it is "beyond all reasonable doubt".

Please do not ask me for advice via PM as I will not reply.

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