There is someone else on the forum who may be able to help . I will send them a pm Jan

could you post up the letter without personal details stopping your benefit and then about the overpayment? did you ever live in the property? How do you think in Oct they suddenly claim to know what is happening if they are saying you never gave them info?

Apparently you can send SAR leter to DWP and ask them to reveal records of all calls you made between X and X and any other info you require. Just adapt the letter to your personal case. If they "miss" some then your telephone records will obviously help. http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/236085-overpayment-recovery-test-case.html http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/125283-useful-links.html

This was posted on another thread in this section: "Read this it's written by an expert in the field & may help Criminal law practitioners who know little of social security law are routinely acting for people charged with social security fraud offences. My experience as an expert witness in benefit fraud prosecutions, and previously as a frontline adviser, has increasingly led me to feel that injustices are occurring because of the lack of independent social security law expertise in many criminal cases. This article will show how there are substantial risks that some defendants are even being prosecuted when they are fully entitled to benefits and courts are sentencing using inflated fraud figures. The tightening of legal aid spending and consequent specialisation are partly responsible. For example, the Legal Services Commission's (LSC) welfare benefits contract prohibits payment for attending interviews under caution except by criminal contract holders. There is a common perception that benefit fraud is widespread and costly. Such attitudes can and do influence judicial attitudes and result in the questionable practice of Department for Work and Pensions (DWP) fraud investigators being set prosecution targets as part of their performance-related pay. Seek expert help early on The two most common benefit fraud offences are in sections lllAand 112 of the Social Security Administration Act 1992 (SSAA). Both involve knowingly or deliberately failing to notify changes of circumstances or misrepresenting circumstances in connection with benefit claims. One must therefore understand the rules of entitlement for benefits in order to know whether the failure or misrepresentation actually affects benefit entitlement. In other words, there are clear links between civil and criminal law - the former drives the latter. \nRv Passmore [2007] EWCA Crim 2053, Passmore was convicted of offences under section 111A (1)A because he had dishonestly failed to inform the benefit authorities that he had formed a limited company. The court held that no offence was committed unless the failure to notify actually affected entitlement and, as he had not drawn any income from the company, there was no effect on benefit entitlement and the convictions were quashed. The court also held that the benefit fraud legislation must be seen in the 'wider statutory context' of social security law. Practitioners never cease to be amazed by just how weak benefits authorities' assertions of non-entitlement or of amounts overpaid can be when subjected to knowledgeable analysis. Investigations Clients may seek help when they have been asked to attend an interview under caution. Here public funding can be a problem, but the normal considerations about seeking sufficient advance disclosure and advising on silence apply. The DWP's internal Fraud Investigator's Manual (FIM) emphasises the need to obtain admissions by the client during interviews under caution and how to obtain these - so legal advice is vital. There is strong anecdotal evidence that inadequate disclosure occurs and for DWP staff to tell clients that they 'don't need a solicitor'. The latter may have implications for admissibility under the Police and Criminal Evidence Act and the former may be grounds for silence. Expert social security law advice is needed to understand what should be disclosed, to check entitlement and to help assess mens rea. Practitioners may wish to note the Law Society Criminal Practitioner's Newsletter of January 2006 on advising on silence at police stations, which indicates that in complex cases it may be appropriate to maintain silence and when a prepared statement is appropriate. An investigation is often accompanied by suspension of benefit - this must not be used to compel co-operation and the matter must be put before a benefit decision-maker to decide entitlement one way or another within a reasonable timescale (excessive delay may be judicially reviewable). Suspension is also discretionary for most benefits. Benefit appeals In any prosecution it is important to appeal against the decision to end benefit and any decision on benefit overpayment. Time and again benefit experts find that solicitors fail to do this or fail to in accordance with the regulations. Not only does this severely disadvantage the client, but it may also be negligent. It is particularly important to ensure that the appeal is submitted in the correct format and within the statutory time limits - a maximum of one month after the date of decision. After one month, it is necessary to explain the delay and why the appeal has merits such as a reasonable prospect of success. There is an absolute limit of 13 months from date of decision. A referral to an expert should also be made to undertake representation at the appeal and to consider the possibility of LSC exceptional public funding. Not only is the benefit appellate process the proper adjudicator of entitlement in disputes, but a successful appeal will usually result in any prosecution being discontinued. One must therefore wonder why the FIM states that DWP will seek to postpone any appeal hearing when a prosecution is being taken - there is no legal authority for this and it risks the courts acting on questionable evidence of benefit entitlement. Inflated figures The amount of overpaid benefit is crucial to sentencing and the DWP's strategy to publicise significant fraud convictions. However, benefit overpayments are frequently incorrect - 67ao of them, according to the latest data published by the DWP. Thus there is a huge risk of courts being misled unless someone checks the overpayment. Even pressing for a detailed breakdown of how an overpayment has been calculated may cause the benefit authorities to spot errors. A common way for people who work while claiming to be detected is by data-matching between DWP and HM Revenue & Customs computers. Under section 71 of the SSAA, when the material fact of employment is revealed to the DWP, any consequent overpayment is not recoverable and should not be included in the figure presented to the court (see also the FIM). However, it may be weeks, even months before the evidence is put before a benefit decision-maker and the overpayment is therefore inflated by official error. Another inflationary measure is to fail to offset underlying entitlement to benefit - for example, the client may have been overpaid but still be entitled to some benefit. This is a specific statutory requirement for income support and housing benefit. Then there is notional entitlement offset - commonly when someone has been working while claiming or has not declared their partner. For example, someone may lose entitlement to income support if they work for 16 or more hours a week, but had they declared their position, they may have been entitled to tax credits. Because of recent welfare reforms, claimants are often better off doing this than working while claiming. The amounts of notional tax credits and other benefits payable while in work are very relevant for sentence because they show the true net loss to the public purse. Similarly, underclaiming of other benefits (for example, because of disability) may be mitigation as well as reduce an overpayment. DWP practice seems to be to not mention these points to the court or the defence. This is not helpful and can mislead the sentencer (who may well not be aware of the concept of not';-; in-work benefits and tax credits). Expert input is essential. Given the moral panic about benefit fraud, criminal and social security law practitioners need to improve joint working in the interests of justice. History teaches us that unless the law rises above moral panic, the seeds of injustice come to flower." __________________

I guess what you are really asking is - what records do the DWP keep of phone calls ( as you will have copies of letters) and how long do they keep them - and how do you get hold of those redcords. that is the info you need - then you can get the full facts / sequence of events and build your case up based on exactly what you were told to do and your subsequent actions. So that is the question you should be asking ( sorry I dont know the answer) This is a lot of money and you need to get all the info you require to launch an appeal if you feel you are in the right and have done everything asked of you.

At least they have acknowledged that you are making an appeal - I suppose that is something. glad you are feeling better.

I really think it would be worth you contacting ACAS when you can. There is unfair dismissal and wrongful dismissal as well. I fought for my daughter on the second an got an offer of re-employment plus an open reference - after being told initially I had no chance. Worth keeping up the fight a bit longer I feel. Not sure if this helps or not?????? Wrongful Dismissal should not be confused with Unfair Dismissal, Wrongful Dismissal is based on contract law. Any claim for Wrongful Dismissal will therefore mean looking at the employee's employment contract to see if the employer has broken the contract. The most common breach is where the employee is dismissed without notice or the notice given is too short. Obviously either party can end the employment relationship if they give the necessary notice. This will either be the legal minimum or what is stated in the employee's contract. However, the employer can justify dismissing the employee without notice (Summary Dismissal) if the employee commits a serious breach of the contract, for example theft. The employer does not have to have proof of the theft, suspicion is enough. The employer can also rely on evidence that is only found after the dismissal. Another example of wrongful dismissal is a failure by the employer to follow a contractual disciplinary procedure. Wrongful dismissal claims can be brought in the Employment Tribunal, county court or High Court depending on the value of the claim

I think then that as in most other situtations you should follow the correct complaints procedure first before even considering going to court. So when hopefully your sale proceeds make an official complaint to the agent with a copy to the association they are registered with. Keep it factual and to the point . Keep court as a last resort. Also have a quick search on the internet for the name of the agents to see if there are any other complaints on forums lurking around.

This is not my area of expertise but it seems to me you did everything that you could to advise the appropriate departments of what was happening - thats the problem with this system of phone calls to confirm important changes in circumstance (IMO) Presumably you can ask for transcripts of conversations about your case - and then you can appeal to a higher level if necessary.

Best of luck with everything. Ket us know how you get on.

Did your friend have insurance on the car as well?

So your friend - who was the registered keeper at the time - had possession of the vehicle on that day and you have evidence that you were in a presumably totally different area at the time of\the alleged incident? The only reason they have come to you is that you had temporary insurance on the car. It could be that it was a completely different car and there is an error in the registration? Have they ever given you any details of the incident or how serious it was? surely your friend has details of the next registered owner? And why would they buy a damaged car anyway? does not make sense

Yes - if necessary send them an SAR letter itemising exactly what you want to know. Just adapt the letter to get what you need. by the way you are correct not to acknowledge the debt.

By the way - on previous occasions when this has happened was there an additional transaction rung through on the tills at the end of the day when the money was returned to the till? If so she could show that this was "normal proceedure" at that branch. Or was the money taken straight to the office and an entry made that way? One way or another there must be a record of it happening before to back up her defence?

Is your partner a member of the union - they should be able to provide legal advice. Also She may get help from the ACAS site who have a free helpline. I agree her previous employment record should be taken into account and also she may need the support of colleagues to confirm that this proceedure had been carried out before by supervisors. However I would suggest that even if it had and she carried this out in good faith - does it not seem slightly odd to remove any monies from a till? It seems to me that a can of worms had been opened and that the others involved have not come forward to support her as they also surely would be subject to disciplinary action? I think she definitely needs some legal advice quickly. did she have any union representative or another colleague with her at the first meeting?

On the day of the incident you say you did not drive the vechicle. But was it in your possession or with the owner at that time? Do you have any witnesses as to what you were doing that day or the car you were driving? I agree with the above. an official complaint is the way forward. Especially as they are getting confused with vechicles and descriptions. You will also need to get a letter confirming that your insurance was cancelled in error due to their mistakes. Otherwise that may crop up on records in the future when you are applying for inurance. Make it clear you are inviting a n assesors visit and full written report so that you can clear the matter once and for all.

I think your main problem will be proving that you could have got more for the property in the current climate - unless you had another offer in writing then you will not have the evidence to back up your case. The other problems you do have evidence - but I am assuming you will have to make a formal complaint first ( when the sale is completed) Does the estate agent have a membership logo on their headed paper ? In other words are they regulated ? I hope your sale proceeds as I am sure this is very stressful for you - unfortunately until you exchange contracts they may still try and "play games" and you will have to come to a point in your own mind about how far you are wiling to compromise. We had someone in our chain who "re-negotiated" the price two days before exchange - It is a wicked thing to do as you are between a rock and a hard place. I decided to believe in fate in the end - if we lost the house then I convinced myself then it was meant to be. As my father was ill at the time It put it all in perspective and decided I was not going to be bullied. In your case you have decide what is most importatnt to you and what your bottom line is. Hope it works out for you.

Well your other alternative if you have not exchanged is to withdraw from the sale and use another agent and get what you think the house is worth. then they will lose the sale and the commission. I would have thought that taking this to court would be a long and stressful situation and you would need to get legal advice to confirm whether or not you can prove your case. Personally IMO I would stop the sale - make an official complaint if they are registered and just change agents. Let them know as well exactly why you are cancelling the sale. Be VERY careful though if the original buyers contact you direct as I got caught out like that. ( a different but difficult situation that I wont bore you with)

To the original OP - sorry about some of the replies you have received. Having been the victim of a dog attack myself ( an alsatian belonging to a family member) I understand the consequences can last for some time.I also had no warning of the attack and was inside the owners house at the time. I also ended up in hospital for treatment. It took me a long time to re- build my confidence - so imagine my reaction a few years later when delivering leaflets ( very carefully ) as i pushed the leaflet in the door pushed open ( it was not secured) an behind it was an alsation with his teeth bared. I just totally froze.Luckily the owner appeared and grabbed him by the collar - but to this day I have never delivered another leaflet. By the way I am now the proud owner of a lovely soppy Lurcher. But I still do not let him stay by the front door when we are not in. He would only bark but I understand it actually puts a lot of pressure on the dog as they feel they are constantly trying to protect their owners.He is also trained to sit when we invite people in the house.

To be clear - were there any transactions going through that you could see afterwards that did actually put you overdrawn - or id you had no charges would your balance be zero?

Yes there are lots of threads regarding this company Send them an SAR letter from this site - adapt to specifically ask for a list of charges and then take them to court if they do not provide the info. Then make an official complaint and write a letter to the FOS. Some have had charges refunded.

Budget Sheet.xls Here is a budget form to complete . Hve you done anything about the defence form with the court?

I wish you had found the forum earlier. It is never a good idea to miss whole payments. A court will always take into consideration your efforts to pay whatever you can. So thats the first thing start paying what you can - either by cheque or debit card - whichever method they will allow. You will have to complete a budget form to try and establish exactly what you can afford to pay. the fact that hopefully your MP will go down to an affordable payment will be part of your defence. Can you afford the MP as it is without paying off the arrears at the moment?ou will have to try and give Ellen some idea of what you think will happen regarding your income over the next couple of months to try and establish your best offer. Is there equity in the property at all? Are the charges included in the arrears figures they are quoting for court? Y

you need to start your own thread - see a button at the bottom? Use that - then someone will come along to try and help