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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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Dollydoo

possible benefit overpayment for deceased

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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

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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.

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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

 

 

 

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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
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i'd still sar and call them out

its on their website and free anyway

cant hurt.

 

dx


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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.

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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.

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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!

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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.

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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.


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


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

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goto the dwp website

and fill in their sar [subject access request] there

 

get all the info first.


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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. 

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You used the one on their website  link yes?


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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

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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?! 

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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

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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.

 


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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.


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