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    • Last June, 3.4m members received a £100 payment from the building society. Now they will be wondering whether the offer will be replicated this year.View the full article
    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
    • Chinese firm MineOne Partners has been ordered to sell land it owns near a US nuclear missile site.View the full article
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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.
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Me and Various Benefits


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Dear Caggers, I am posting on behalf on a friend and need advice before I help him write a letter to the DWP. I will try and keep it simple:

 

1. Overpayment arrears owed is approx £2200

 

2.DWP have been taking £10 pw from his ESA payments to pay off this debt (this was not agreed but DWP just informed him!)

 

3.After this payment plan was in place, the DWP advised him that their was ESA benefit arrears owed to him of approx £120 and have taken this amount off the overpayment debt.

 

4.Could we even ask them to consider writing off the debt altogether, as this his causing him great distress and ill health after his stroke?

 

Is this allowed?

 

If deductions were not already in place then i could understand but can he write to them to state that by them taking this has caused him hardship? (....(and to pay the £120 to him)

 

Even the £10 pw is causing him hardship, can we ask that they take a more affordable amount each week? Is their a minimum legal amount they can take?

 

My friend disputes the overpayment debt anyway, but it too complicated for him to deal with at this moment in time as he has to get all the accounts from his ex employer to dispute this.....After his stroke, we have to do things in small steps,starting with the £120 and the weekly repayment amount..

 

I hope someone can give guidance as to what we can write...

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Thank you everyone for your reply. I rang my local council today (in panic!) and they inform me, that i am exempt (phew!), as I recieve DLA care,middle rate!! If i had recieved low rate I would not be exempt.....I hope others in a similar situation to me can find clarification to this issue via this thread....;)

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I know DLA is excempt from the rule but I think I remember nyst saying its only some parts of DLA (high rate only?).

 

Mid or high rate care exempts you from the shared room rule. If you have a carer, (might only be overnight?) you're entitled to a second room. (and HB to cover it)

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Mid or high rate care exempts you from the shared room rule. If you have a carer, (might only be overnight?) you're entitled to a second room. (and HB to cover it)

 

Do you mean a 2 bed, self contained property or 2 bedrooms within shared accomodation?

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as you are in receipt of middle rate care component of dla the shared room rate does not apply to you,

 

so you will receive the one bedroom self contained rate whether you are in shared or self contained accommodation

 

if you are renting a larger property because you need an overnight carer, you may be able to get the 2 bedroom rate

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

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I would ask if it is possible to reduce the payment. It appears there is a guide called Overpayment Recovery Guide but i havnt been able to find a copy. Found that name from:

http://www.dwp.gov.uk/docs/m-33-12.pdf

Sorry for not being much help. I will continue to see if i can find an up to date copy of that guide.

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That would be great if you could. Would my friend be able to ask for his £180 benefit arrears payment be paid to him and not taken (like it has been) under certain grounds, i,e, hardship and as there is a payment plan in place, surely this is sufficient for repayment, no?

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This document can be found somewhere on rightsnet (via google)!

Recovery from Arrears Of Benefit - Schedule 2K - Underpayments of benefit identified on DM overpayment case

5.47 Current legislation allows the SofS to recover any recoverable overpayment for a prescribed benefit from any arrears of that or any other prescribed benefit.

Exceptions

5.48 Do not recover from arrears when they are for;

a) the full weekly benefit entitlement for the start of a claim, where the award is delayed for administrative purposes (e.g. benefit claimed, award delayed pending verification of details, award made, arrears paid up to date usually for the first few weeks of the award);

b) arrears that have accrued as a result of benefit being suspended.

Notification to the debtor

5.49 When arrears have been recovered and deducted from the total amount of the overpayment, the customer must be notified.

5.50 Where the debtor replies stating that the withholding of the arrears would cause financial hardship, consider the case on the facts presented. If appropriate, arrange to have the debt balance adjusted and a refund issued to the customer. It should be noted that there is no right of appeal against a lawful decision not to pay arrears that have been/are to be recovered.

This was the link to the whole long and sordid item in question; hope it works :

http://www.rightsnet.org.uk/?ACT=39&fid=11&aid=341…id=1

 

Do you think i could try the 5.50 route in a letter? and should i remind them of this clause above?

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I looked at that link and its a few years old. Some posters thought that was the hb/cb guide that was posted. A search via google revealed a subscription version (no idea how old it is tho.) I will not post that link.

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I know the maximum they can take from JSA is £5 a week, however as ESA is a higher amount it may well be that £10 is allowed. They won't write off the debt, it will need paying back. Does he receive DLA?

On the face of what you say, unfortunately they have the right to take £10 a week from his benefit.

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Hello can anyone help me? I have been on long term sick and claiming ESA, as from April 12 I made a new application whereby I have genuinely and mistakenly failed to mention that my wife works and unknown to me I have been claiming ESA for the both of us! I didn't realise this as frankly I am really confused by the forms and only realised when my wife was asked to attend a work focus interview... This rang alarm bells and I immediately brought it to ESA's attention and also informed the council tax that I have been claiming the wrong benefit and that my wife works but I thought that the claim was for me alone... Stupid I know but suffering with depression makes you see things irrationally... What can I do.. I have admitted that I genuinely didn't know I was making a false claim and have offered to pay them back.., am I going to go to jail? I'm frightened and confused and honestly quite didn't realise that I had filled out the forms incorrectly...

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

UPDATE: Good news! After using advice on this thread as guidance and sending a letter to the DWP, regarding hardship etc, they have refunded the full amount back to my friend!

 

I would like to thank everyone for their advice & general input....I thought i should update this thread to show my thanks and give hope to others in a similar situation......

(I think when alot of people post of this forum and they get a satisfactory outcome, they forget to come back on here to show their appreciation of the help this site gives to people like me & my friend...thank you once again :)

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UPDATE: Good news! After using advice on this thread as guidance and sending a letter to the DWP, regarding hardship etc, they have refunded the full amount back to my friend!

 

I would like to thank everyone for their advice & general input....I thought i should update this thread to show my thanks and give hope to others in a similar situation......

(I think when alot of people post of this forum and they get a satisfactory outcome, they forget to come back on here to show their appreciation of the help this site gives to people like me & my friend...thank you once again :)

 

Many thanks for the update, pleased to hear that this is now resolved to the benefit of your friend :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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