Jump to content


  • Tweets

  • Posts

    • E&W=England and Wales for correct sign see TSRGD paper on disabled parking and within that fig 6. note layout and size Whilst you are at it look at all of the suggested floor markings and bay sizes. The ones shown dont pass the regulations. That means they have fiale to meet planning regs. So then we look at intent- now they will argue that the intent is clear but then as the layout, markings and signage fail to follow the code of practice they will be considered advisory (as they should be on private land). Can it be true that you can be sued for ignoring someones advice, esp when there isnt a contractual term that says anything about it in the first place? In the fullness of time you will be copying this pdf and using it as evidence. In the meanwhile you stick to the deadlines imposed by the court procedure and if they fail to pay the allocation fee in tiem you ask for the case to be chucked out. At near the end of thsi month you post your outline defence via the moneyclaim portal and state that (1) the claim is denied as there  was no offer of a contractual term to breach in such a manner  (2) the claimant has failed to show a cause for action against the defendant, being the keeper of the vehicle because they have failed to follow the protocols of the POFA so cannot create a keeper liability in this matter.  The claimant has failed to identify the driver at the time (3) the Particulars of claim are so vague  it is impossible to determine what the claimant is actually relying upon to show a cause for action in terms of the location, date of event and how the the amount of the claim (sum of £160) was arrived at and particulary the signage they rely on to form a contract with the public. The defendant invites the court to issue a Case management Order under CPR3.3 to instruct the claimant provide evidence that signage that expressly offers a contract exists as claimed and that this contract was then breached as the defendant believes that the claim has no reasonable grounds and is a waste of the courts resources and should be dismissed if such evidence is not produced.   the last point may well be ignored whislt the paperwork is processed at Northampton as they dont read much of it and it will only be read once it gets allocated to your local court so prepare to get as far as a hearing in any case.  
    • At the end of the day, I tend to agree that they have been more than reasonable.
    • The Prime Minister of Luxembourg has just held a press conference without boris Johnson,  and all that was in his place was an empty podium and a UK flag.   We are absolute laughing stocks... the Luxembourg prime minister didn't mince his words either...
    • Followed. I believe they've sent everything to me. I've re-upploaded. I meant Provident never sent the notice of assignment not default notice. Looks like the default notice would have come from Vanquis. CCA Reply Lowell_compressed.pdf
  • Our picks

mickrick

ESA Overpayment due to their delay implementing changes

Recommended Posts

I got a letter a few weeks ago to say I have been overpaid ESA by £68 and that it had to be repaid. The letter stated that this was due to a change in my occupational pension in April last year, which they weren't made aware of until September last year. That all sounds pretty reasonable. Until you know the full story.

 

So I was pensioned off from my job in the Northern Ireland Civil Service (NICS) due to ill health (life changing injuries in a motorcycle accident to be precise) and I get a monthly pension from the NICS. If a payrise is given to staff at my grade, my pension increases pro rata. And as my pension is below the ESA threshold, I get ESA to make up the difference. Each time thsi happens, and as both pension and ESA are paid by NICS departments, ESA find out about this before me, and send me a letter asking either for the details of the rise, or if I haven't yet gotten the rise, permission to contact my pension provider to get the details. And that is what happened last year.

 

ESA wrote to me in May last year asking for details of a rise in my pension I wasn't yet aware of. So I wrote back to them giving permission for them to contact my pension provider to get the details. And the matter was then out of my hands. Then fast forward to mid -August this year when I was informed of the overpayment.

 

I rang ESA to find out what had happened to create the overpayment. The young guy I spoke to told me that, after they had gotten my permission to contact my pension provider in May, they received the information from the pension provider in June. It then sat in a pile and wasn't actioned until September. He went on to tell me to ask for a mandatory reconsideration (yeah, one of those with a success rate of about 0%). So I rang the relevant team and asked for this reconsideration 2 weeks ago.

 

Then I received a letter from them yesterday to say they were scheduling the repayment at £11-odds a week until its paid off. I also received a text from them to say they had received the reconsideration request and they will inform me of their decision in due course. And another letter arrived today from their debt recovery team to say they will be taking the repayments from my benefit.

 

So thats where we're at now. I'm sorry for making this so long-winded but I wanted to include as much information about it as possible. However, I feel that this is totally unfair as the overpayment wouldn't have occurred only for their inaction. Is there anything I can do about this to have the overpayment written off, or at least scheduled that they're not taking a 3rd of my weekly benefit at a time?

Share this post


Link to post
Share on other sites

If unhappy with the MR  you can escalate it upstairs, Think Unclebulgaria is the one who will know.  Might be worth writing to your MP outlining the DWP muppetry.  Lots of similar issues with Universal credit, and departments like ESA and carers not providing information on time. You can compose the letter online at www.writetothem.com. 

 

  • Like 1

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

"However, I feel that this is totally unfair as the overpayment wouldn't have occurred only for their inaction. Is there anything I can do about this to have the overpayment written off, or at least scheduled that they're not taking a 3rd of my weekly benefit at a time? "

 

From what I understand, as long as there was an overpayment of benefit, it is always recoverable and it is then a question of negotiating with DWP debt management or department making the deductions.  If the deductions are causing you hardship, you can simply call and state your hardship issues, requesting a smaller deduction each month.  They might want you to explain the consequences of the deductions being made e.g. essentials you have no money to pay for. Work out the deductions amount you could afford and ask them to consider this. 

 

 


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
1 hour ago, unclebulgaria67 said:

"However, I feel that this is totally unfair as the overpayment wouldn't have occurred only for their inaction. Is there anything I can do about this to have the overpayment written off, or at least scheduled that they're not taking a 3rd of my weekly benefit at a time? "

 

From what I understand, as long as there was an overpayment of benefit, it is always recoverable and it is then a question of negotiating with DWP debt management or department making the deductions.  If the deductions are causing you hardship, you can simply call and state your hardship issues, requesting a smaller deduction each month.  They might want you to explain the consequences of the deductions being made e.g. essentials you have no money to pay for. Work out the deductions amount you could afford and ask them to consider this. 

 

 

I told the guy I was speaking to that I would have had no problem with the overpayment, only the original letter was worded in such a way that I was the one who had caused it by not supplying the information. If they apologised and said that it had happened due to an error on their behalf that would have been fine. And I would have had no problem discussing a payment reschedule. But again, that was imposed on me on their terms, and without waiting to see if the reconsideration was successful. Riding roughshod over the vulnerable in society as usual.

Share this post


Link to post
Share on other sites

DWP letters are standardised, as you probably realise. A way of controlling the content of letters going out, even if the exact situation is not really suitably covered by the letter.

 

If you feel strongly enough, you could raise a complaint, but you should question whether you would be satisfied with the response.  If they believe it is just standard process being followed, they will just confirm information you already know.

 

 


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

The standard letters could be revised and a better one for bereavement for  couples claiming UC created to avoid foot in mouth disease, and bad publicity like this:

 

https://www.mirror.co.uk/news/uk-news/widow-32-gets-dwp-letter-18779905


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

If this is old style ESA, then if it's official error, caused by the DWP, then the OP would normally get written, however not sure how that works in NI as they have slighlty different regulations.

 

Worth a check though.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...