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    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I think you will find that the time limit is 30 days – not 31 days. I wouldn't bother about the solicitor stuff. You don't need a solicitor. You simply need us because we don't charge any money and we are much more aggressive than the solicitors you will find anywhere. Also, you are offering the possibility of a repair instead of a refund. I would suggest that you don't do this. Simply assert your rights under the 2015 Act that you want to return the car and receive a refund plus any expenses you have incurred. This doesn't mean that you can't then negotiate a repair that it means that you have reserved your maximum rights under the act. Also, I understand that you have not had the work carried out. Unless you have actually had the work carried out and parted with the money, you will not be able to claim these costs. This means that the only thing you can do at present is to insist on a refund. Of course what could happen next is that the garage asked for the return of the car and they then carry out the work. The trouble with this is that I would not have confidence that the work would be carried out properly using new parts or good quality parts. Frankly I think that when I find myself dealing with this kind of garage, I would want to cut all ties with them completely. You may have further problems in the future and you will find that their attitude to you is even more difficult – especially if you force them into a corner to pay you your costs if you get the work done or if you force them to do the work. You have to realise that you aren't only depending on the garage to respect your consumer rights now, but also to support you in your ownership of the vehicle that they have sold you for at least the next two or three years. Having gone into conflict with them so early on in your relationship, I think it would have poisoned all of your dealings with them now and in the future and so I think that your best interests are served by getting your money back on going somewhere else. I think should consider this very seriously. Imagine that they repair the clutch and then a few months down the line something goes wrong with the gears, or the braking system or the suspension and you have to go back to them again. I think it's going to get very nasty. I see that you have been asked to identify the garage and you haven't done so. Are you trying to protect them? I suggest that you consider the comments that I have made here and draft another letter and posted up for our comments. However the letter should certainly be in the form of a letter before action rather than simply saying that you will huff and then you will puff and at the end of 14 days you will then get some help from somewhere. You need to be assertive and to take control. I appreciate you may not be able to do this on your own but we are here to help you and we will support you all the way. Start reading up a bit on this forum about bringing a small claim in the County Court. In addition to the lack of information about the dealer, I also notice that you haven't told us anything about the car – particularly make, model, year, mileage and the value  
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
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trazy1

DWP Dea overpayment of tax credits or UC from yrs ago! **RESOLVED BY MP**

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I not sure where to begin with this .

 

On the 1/8/17 i recieved a letter off dwp debt management stating i had over payments of 2099.89 when i questioned dwp what these over payments were they said" they were unsure but thought t was tax credits and universal credits and they just wanted a repayment agreement "

 

I explained i only work p/t and i was on my own with debts my ex partner abandoned me with and that i had a dmp with stepchange. they asked of proof of this along with a expediture sheet .which i sent them registered post. i then recieved a letter on the 23/08/17 they were instructing my employer with a DEA .

 

In my job policy and procdures it states that aoe or any deductions will result in disiplinary action i explained this to them but they choose to ignore me did not offer a alternative arrangement nor have i recieved any information on this alleged over payment . i sent a letter of complaint and asked for a sar to which i have had no replies.

 

inbetween all this i had applied for another postion at my place of work (local hospice) and was interviewed for it yesterday and at 17.05 i recieved a call to say i was not accepted for the position and my contract for my job i do at the minute will not be renewed due to dwps dea so now at the end of september i will be unemployed .

 

is there anything i can do to make dwp accountable for me losing my job. the reason given was i was a finacial risk working with vulnerable people.

Edited by honeybee13
Paras

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Hello and welcome to CAG.

 

This sounds very unfair. So they never showed you a calculation of what you owed? I expect other caggers will be along later with advice for you.

 

Best, HB


Illegitimi non carborundum

 

 

 

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i not been shown anything never heard off dwp till the letter arrived saying id been over paid i havent had tax credits since 2010 and as for universal credits i had it for 3 months back in 2015

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pop off to the DWP website and fill in their free subject access request

put them to strict proof to prove what they claim you owe.


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thank you dz100uk

i have done this on friday

 

 

the only consolation i have is dwp have shot themselves in the foot with this DEA

because they cant collect out of my wages now with my work not renewing my contract

but i going to try and persue this regardless of how long it takes .

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to right get that sar running and make them PROVE everything


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ok something I don't understand . In your case they have gone from 0-100 in 2 seconds, it doesn't make any sense whatsoever. Straight from writing to you to an AOE in 3 weeks ?!!!

 

Firstly you have a right to appeal this decision within 30 days. Looks like they haven't paid any attention to that.

 

Also please look at the Tax Credit office 'COP 26', https://www.gov.uk/government/publications/tax-credits-what-happens-if-youve-been-paid-too-much-cop26

 

. Special interest to you is on page 16. If your partner has left you, you , you will not have to pay back more than half. That is their own code of practice ! Ohh and once I'd received the SAR data, there were holes in it wide enough to fly a plane through!

 

If it makes you feel better I got them to shove their £12k overpayment where the sun doesn't shine.

 

Sorry to say, I'm not very impressed with your employer either!

 

Regards

 

Jonathan

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thank you so much i shall definatly take a look and read the sections you have mentioned

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It's also good to know that none of this will affect your credit rating!

 

Also if you now made a claim for Tax Credits and were entitled to even just a fiver a week they would stop chasing you and start deducting from your award. That's how utterly broken the system is!

 

Might be worth considering as a quick way to get them off your back!

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thank-you again

 

 

i wouldnt be able to make a claim as i out of a job at the end of the month

unless i can find a new one quickly and one that doesnt have the disciplinary policies For DEA/AOE

 

 

i have been reading what you sent before and started the dispute process as they advise,

 

 

what worries me is if i get a new position and they come after me again and i lose another job .

 

 

they have effectively made me a nervous wreck , but thank-you very much for your help

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Or your other way of stopping them is working in a self employed position, they will not be able to / are not allowed by law to deduct anything from your income. You would also be in a position of being able to make a claim also!

  • Haha 1

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i have sent 2 letters this morning to universal credits & tax credits as advised by the site you recommended and a sar already been sent in so i can only sit and wait now for a reply but i will keep everyone informed of what is said and what they intend to do and once again thank you so much for all the help and advice lets hope they sort it out as quickly as they came after me .

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hi quick update on my dilemma

 

i sent the disupte letters off as advised ,

the article said that whilst i was disputing these over payments that the DEA/AOE would not be enforced.

 

i looked at my payslip today and the recoveries have taken money for the DEA/AOE is this legal .

 

i havent heard from hmrc/universal credits since i sent the dispute letters which were recorded delivery so i none the wiser .

they may have taken out of my final wage but they wont be able to take anymore as i no job now .

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They really have cut off their nose here to spite their face

 

This is an utterly broken system, no one informed you of your rights to dispute which would have stopped you losing your job in the first place. Now someone doing an incredibly important role in society is out of a job. Good stuff DWP!!!

 

What can you do about this?

 

1. Can you work as self employed? If you register as self employed, you will possibly be entitled to Tax Credits, they will then be off your back. In that situation they will be unable to take money from your income as this is illegal. Also they will begin taking what you owe off your payments. They only need to take a certain percentage so you will still receive money.

 

2. How long were you working with your previous employer, more than 2 yrs? then you have certain rights!

 

3. Simply apply for another job, it's going to be a while before they come to any decision and there will be no deductions made until then, if ever.

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thanks

 

i have made a apointment with my mp going to see him thursday

 

ive followed the 2nd step still not heard a dikie bird off them and

i sent all letters registered post so the cant say they not had them

 

i cant work as self employed as i no base to start from so to speak ,

 

i have registered with a agency so will hopefully get enough hrs to cover what ive lost .

and hopefully my mp can kick some backsides .

but i really appreciate all the help and advise

thank you

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It takes a while to hear anything off them, they move like molasses!

 

Good on you going to your MP too!

 

The DWP have caused a key worker to lose their job, without due process ! Hopefully your MP can help. Keep us posted!

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I will do I've some more letters to send tomorrow registered post I received a letter today to say my SAR will be here on the 17 October so at least I haven't a long wait for that

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To forewarn you the SAR will be hundreds of pages long. First place I looked was the phone call section, and the notes made by the call centre operative. Within about 5 minutes I had found that a call they claimed had happened giving an income declaration , never took place. Not only that they inflated my salary by £6000.

 

Did you inform them that your ex partner left? If you did there should be evidence on the SAR. Right there you would have cut what you owe in half! Even if you didn't they need to be chasing him for half of this overpayment!

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i spoke with my mp today

he was bewildered by it all

especially the speed they acted upon

 

he agrees that they have not followed their own policies and procedures nor given me the right to see the alleged debts ect

 

he was more than happy to fight my corner with me .

 

all i can do now is wait for him to get on to them and wait for his reply which should be in the next 2 wks ,

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Ok, that sounds excellent, but don't forget to keep your own appeal going too, and don't be afraid to follow up with your MP if nothing heard in the next 2 weeks

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found a snippet of information off a web page not sure it will help but i going to give it a whirl in another letter ,

 

its from the dwp training manual for the use of a DEA it states (bit long winded )..

 

it is important that having established contact with the debtor

a relationship is maintained with them (well i got 3 letters and a DEA )

 

it is a key intention of the pilot of the advisor to negotiate & agree a sustainable mutual acceptance voluntary installment plan with the debtor (that were never done )

 

the DEA or threat to use a DEA should be introduced where repayment can not be agreed or where a debtor refuses to pay

 

(i never refused i only asked what when & where these overpayments came from sent them what the asked for )

 

wish id seen this as it shows they are in breech

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DWP have phoned me this morning couldnt answer as i was driving .

 

in my letters i wrote that all communication from now on had to be in writing

 

should i ring back or will that make it look like i am acknowledging them

 

bit confused now as what to do as they didnt say what dept they were from

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it transpires that i did not owe any over payment with tax credits or universal credits =2099.00

 

after involving my mp who has been fantasic in all of this

i actually owe 00.00

 

the DWP owe me £76.00 that they took from my wages with as my MP put it an illegal DEA

 

waiting on that comimg back

they owe me a job as far as i concerned because thats what they cost me in the long run .

 

if the recoveries team think i will let it lie they will have to think again because i want answers from them .

 

i would like to thank everyone on here for all your help and contacts you gave me you also have been fantastic

 

should i need any help again i know where i will be looking xxxxx

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That sounds like progress, trazy. Stick with it and I hope you get justice. It's good that your MP was helpful, not all of them are. Please let us know how you get on and ask any other questions you have. :) HB


Illegitimi non carborundum

 

 

 

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thanks i will let you know what recoveries have to say as they not forth coming with any justifable answers accept they acted on HMRC instructions so i see how far i can persue the matter x

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