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    • It sounds as if they need better algorithms or another way to check. DWP algorithm wrongly flags 200,000 people for possible fraud and error | Housing benefit | The Guardian WWW.THEGUARDIAN.COM Exclusive: Two-thirds of housing benefit claims marked as high risk in last three years were legitimate, figures show  
    • I'm afraid that both yourself and we will need to see the claim form as a basic minimum. As this person has issued proceedings, we can't go any further at all without understanding the detail of what they are claiming on the basis of the claim. When you receive a claim form then you might normally respond within 14 days either with a defence or an acknowledgement of service. If you don't respond with either of these then the claimant can go ahead and obtain a judgement against you in default and that then becomes a bit tricky and also a bit expensive to overturn – called "a set-aside" If you don't file a defence but you supply an acknowledgement, then you get a further 14 days so up to 28 days to file a defence. I understand that you have had difficulties accessing the claim form. I'm afraid I don't know why that is not sure how much help we can give you on that. You're going to have to do this is a matter of urgency whatever the runs are rights of your position are. Once we understand the claim form, then we can advise you as to the next step and also we can put the claim in the context of your own story and decide how best to defend. I'm at a bit of the lost to give any more constructive advice at this point. Access to the claim form is essential. You could telephone the County Court business centre which I think is in Northampton. They have a helpline and maybe they can give you some solutions – but in the meantime, why can't you access the password reset? Have you checked your spam folder?
    • Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out. And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim. I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock. Thanks again, M
    • The original LOC is wrong. You are nothing to do with third party rights.   you placed the order on EVRi's website so there is no third party rights in it, its a standard BOC claim
    • nike pre provide the labels arguably here the easiest target is nike because they will give in very easily.  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Interview Under Caution - ESA and Occupational Pension

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Hi There,

This is a long story so hope you are sitting down and got a cuppa.


I was medically retired from the NHS in 1997 and placed on IB, I also had a pension from NHS/CIS for about £70 now £73.(2016)


The DWP people were aware of the pensions from the beginning as the Hospital filled initial forms in.


In about July 2012 was converted to C ESA wrag group which I had a mandatory reconsideration and placed in support group in about Feb2013.


I then received a letter saying my C ESA was due to run out in August as id had my year i asked them what i should do and they said if i'm still Ill i could claim IR ESA to which i sent back forms. The next letter says my ESA will continue.


Just been reading up and it states that if in support group C ESA can continue indefinitely as long as you satisfy the medical conditions.


Im sure i sent pension details also.


Then in April 2016 they said i didn't tell them about pensions and that I was overpaid, and that they would write to me again.


This weekend i have received a letter Interview under caution as they want to speak to me over my pension freud.


So im stressed to hell, after googling a couple of thing am i reading things right.


Because my Pension was disregarded for IB in 1997 and in 2001 the rules where changed and pensions where now being taken into account and it is stated anyone before this date stayed on it whatever the size of their pension.


Surely then my Pension should be disregarded.


So now i'm being done for freud because they say i never told them apparently they new my smaller pension of £12.57 so they took that out of my ESA, should they have taken it out if i was pre 2001.


I don't know why they had no paperwork on pension 2 £57, even so its less than the £85 threshold they suggest. Phoned DWP and asked if i'm on C ESA and its less than £85 why are you taking it they said i'm on Both C ESA and IR ESA so they can take it. Why am i getting IR ESA if i'm entitled to be on C ESA indefinitely because i'm in support group.


Please Help me

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If it was disregarded under IB it won't show on your ESA calim as the information wasn't transferred and this is probably why you have been called in for an interview.


This rule regarding pensions is also hidden within the DWP guidance believe it or not and not all investigators are aware of it. There is also no way to check if it was or should have been disregarded under IB rules as the paperwork no longer exists. It's called Transitonal Pension Protection or something along those lines. If I can find the rule or name at work later today, I will post it up.


Attend the IUC and explain the above and you should be fine, alternatively ring the investigator and explain this and you may not need to be interviewed, however some of us investigators can be stubborn.


You will also want to appeal the previous OP as it should not have occurred and have your full rate of ESA reinstated if not already done.

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Dear tomtom256,


Thanks for getting back really would appreciate information.


Can I ask a stupid question, even though my pension should be disregarded due to time frame and due to the numerous laws could they still do me for freud if they believed I hadn't sent them relevant information each year. Looked through what paperwork i have and even though i believe i did send information i have no receipt. Previously to April they were only taking off ESA £13 but from April they were taking the £73 i'm confuses if i'm in C ESA SG i should have remained anyway but the say I am on IR ESA an C ESA.

Any Ideas even though i think ill be Ok i'm still worried.

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Apologies got called away today so didn't get time to check the regs.


If the pension is and should be disregarded there is no reason to tell them or notify them of any yearly uprating as it will not affect your entitlement, so there should not be an offence to answer to.


They may have taken more off your ESA to repay the overpayment as this is how they usually do it, you should have had letters about this?

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Just a quick question I commenced on IB in 1998 after being medically retired from NHS.


I am being investigated for freud as they say i never made them aware of 2 private pensions of £73 per week.


Tomtom 256 pointed me in the right direction saying before 2001 when law changed pensions were not taken into account in IB.


What I need is any legal information I can take to solicitor and IUC.


Also there is guidance on C ESA saying you are allowed to get up to £85 without them taking it away from you, Im on both C ESA and IR ESA which i didn't know so do the 2 types cancel each other out.

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Even if your pensions are disregarded in regard your ESA(CB) this does not apply to any ESA(IR) you are being paid, the pension should have been deducted from this £ for £. When you were moved to ESA(IR) you should have completed an ESA3 form, if you included details of you pensions on this then you should be covered as any over payment would be an official error, however if you cannot show this then the official position will be that it is your fault and you will be liable to the overpayment. You need to get advice from a trained welfare advisor.

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