Jump to content


  • Tweets

  • Posts

    • I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which  to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
  • Our picks

Dollydoo

possible benefit overpayment for deceased

style="text-align:center;"> Please note that this topic has not had any new posts for the last 247 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

We've been through all the usual probate etc for my mum in law who died Feb 2018.

 

We've now received letters from the DWP saying my late mum in law may have been overpaid an income related benefit. They say according to their records and those of the probate there appears to be a discrepancy and want us to provide all her financial statements covering 2003 - 2013.

 

They've told us not to distribute any funds from her estate (which we had already as it all went to my husband, before we'd even heard from them). They've said they can work on the figures they have and calculate the possible overpayment but its best if we provide the information for them so they can make an accurate assessment.

 

I assume the cheapest option would be to approach the banks with SARs? However, before I do this, can I ask the DWP to provide all the information they have regarding her payments of benefit and her applications for benefit because, to be honest, neither myself nor my husband recall filling in any forms for her (and its something we would normally do as she's registered blind).

 

We do know she was getting a pension credit (savings based only) but we've no idea when it started or how she came to claim it - perhaps we've just forgotten as its so long ago. However, I don't want to just take their word for it so how best to approach this really, if anyone has any advice. I'm not trying to avoid any repayment (if one is due) but naturally I'd like to check for myself as well, if that makes sense. Any advice greatly appreciated.

Edited by honeybee13
Paras

Share this post


Link to post
Share on other sites

Well I would write back saying that unfortunately you [DWP] had ample opportunity to present yourselves as a creditor when you were informed of the death.

You have not done so in a timely manner and the estate has already been distributed by probate.

 

Where this lies within The law, well I'm not sure but it seems to me that they have had ample time but failed to act.

Share this post


Link to post
Share on other sites

Hi. I'm sorry to hear about your MiL.

 

I would say it's worth asking the DWP for an SAR so you can understand how they calculated their figures.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

A sar wouldn't reveal much HB, the DWP are asking for 10 years of bank statements to decide..

They have nothing, zip nada zilch so they are asking for statements.

 

My response to that would be apply to the courts for a court order.

Again where that lies in law I'm not sure but they seem to be fishing for evidence

Edited by dx100uk
quote

Share this post


Link to post
Share on other sites

i'd still sar and call them out

its on their website and free anyway

cant hurt.

 

dx


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 

 

Share this post


Link to post
Share on other sites
A sar wouldn't reveal much HB, the DWP are asking for 10 years of bank statements to decide.. They have nothing, zip nada zilch so they are asking for statements.

My response to that would be apply to the courts for a court order.

Again where that lies in law I'm not sure but they seem to be fishing for evidence

 

Asking for 10 years of statements is a bit much tbf so.... that's up to you

 

 

If/when the DWP come at you with an over payment demand you'll have to do a SAR to the DWP and maybe even the bank - which I consider doing after the DWP sends theirs if you think there's anything amiss) anyway if/when you decide to challenge it. Which you should!

 

Doing it now 1 get's the 30+ days (well expect months and a few follow ups) wait over with and will also save you that time and waiting before you finalise the estate and can forget about it.

 

 

The DWP are on a very active trawl for old debt atm since they can claim it from Universal Credit. Historical debt recovery immediately and without so much as by your leave is an endemic scandal that's only just being recognised under UC. Add to that if you take out their loan (sorry advance) you're then faced with massive sums being culled from your UC payment.

 

One of the major issues with this historic debt is that they often ave zero proof of anything except a figure that the computer system doing the trawl coughed up. Seriously that's it!

 

It took quite a lot of shouting by certain forum members before the advice on theses boards changed from you must owe it so have to pay it to........ send a SAR see what comes back then either challenge or pay. The DWPs computer systems are old and creaky and often have incorrect data like crossed Ninos, claims not closed properly or final (or any) social fund payment etc not recorded as they were done manually.

 

So the fact they can now recover and are actively doing so with impunity due to legislation is wrong imho.

  • Haha 1

Share this post


Link to post
Share on other sites

I did find this on a google search tho.

 

 

 

If you have already paid the beneficiaries their entitlements from the estate and you receive a letter from the DWP about a potential claim you should contact the beneficiaries to explain that there could be money due to the DWP which will need to be repaid.

 

You should ask the beneficiaries to return the money they have received to you to hold pending the outcome of the DWP’s enquiries.

 

You must ensure that you act quickly. As executor you could ultimately be personally liable for the sum due.

 

If you are in any doubt you should seek specialist legal advice.

Share this post


Link to post
Share on other sites

I'm no expert but they can come after the person who executed the estate at a later date iirc but I really know nothing about estates only benefits I'm afraid!

 

So fighting an over payment - yes Estate issues nada!

Share this post


Link to post
Share on other sites

I'm not sure why they ask for 10 years as I am pretty certain banks/financial institutions only have to retain the last 9 years of financial data.

Share this post


Link to post
Share on other sites

6yrs but most hold more

but that's not the point.

 

you make DWP PROVE they have the data [not just a one line entry in some converted old systems database]

that this money is really owed.

 

 

as SP says , we've seen numerous times when they are put to this test they cannot actually prove it.


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 

 

Share this post


Link to post
Share on other sites

They probably rely on fear the same as a bottom feeder DCA with an old unprovable debt.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

any advice on what would be the best way to word a letter?

Share this post


Link to post
Share on other sites

goto the dwp website

and fill in their sar [subject access request] there

 

get all the info first.


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 

 

Share this post


Link to post
Share on other sites

Well I sent SAR which dwp received 13th February.  Haven't received anything back yet.  We're supposed to send in the financial details by the 28th March (if we don't they'll calculate any overpayment on what info they already have).   Should I just sit and wait for their calculation or write to them beforehand saying we've asked for SAR and heard nothing so we take it there wasn't any overpayment after all. 

Share this post


Link to post
Share on other sites

You used the one on their website  link yes?


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 

 

Share this post


Link to post
Share on other sites
Posted (edited)

No it wasn't suitable for a third party asking for a deceased person so I sent a letter clearly stating it was a SAR request and that they had 30 days etc. the only part I left off was that I would make a complaint.  I sent it trackable delivery and so I know they received it.   Does that really matter though, as long as they've received a request they should adhere to it surely

Edited by Dollydoo

Share this post


Link to post
Share on other sites

Received the bundle from DWP today, its a minefield! I have her application which includes copies of her bank statements/savings etc at that time 2004.   I have also found a letter that says "sorry to  hear of the death of...... etc - our records show we owe her some money" goes on to ask who the money should be paid to and for their account number.    where do I start?! 

Share this post


Link to post
Share on other sites

At any entry referring to overpayments


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Posted (edited)

can't make head nor tail of it, however,  I have been thru computer records & clerical records and can't find anything specifically mentioning "overpayment".    

 

Edited by Dollydoo

Share this post


Link to post
Share on other sites

well if you cant find it..make them prove their 'assumption'

if they cant tough on them.

sadly we see this time and again with historic overpayment claims by the dwp.

 


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 

 

Share this post


Link to post
Share on other sites
1 hour ago, dx100uk said:

well if you cant find it..make them prove their 'assumption'

if they cant tough on them.

sadly we see this time and again with historic overpayment claims by the dwp.

 

 

Fully agree with this.

 

You need to write to the DWP department that believes that there is an overpayment, to insist that they provide proof of this debt and more importantly that DWP wrote advising of this debt at the time.

 

My understanding is that for any debt to be capable of enforcement, DWP must have proof that they issued a letter at the time that the overpayment was first calculated.  It does not mean that the debt does not exist, but that without having issued any letter, the DWP claimant would not have had the opportunity to ask for mandatory reconsideration of the matter and then if necessary appealed to Courts Tribunal.

 

I have seen examples of such debts being written off, if DWP have realised that they made an error in not writing at the time the overpayment was calculated. The reason being is that because no letter was issued which would have allowed the appeals process, it is a bit late in the day, to now be issuing the overpayment letter and allowing the appeals process now.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...