suffy
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Posts
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Joined
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Last visited
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well they did help
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I am actually very happy to the responses, I have learnt a lot. I just wanted to draw attention to that point because it is important and wanted to get other opinions. I think I am now ready to start a case against the DWP, for the ineptitude and corruption. Praise be to google, I can't thank them enough, how can I make a donation to them.
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Hi, Apparently it seems to depend on the category of harm or the amount of over payment. Anything over £5000 makes you dishonest. I would post the link to the website but I can't.
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Could someone tell me what is the difference between 'false representation' and 'dishonest representation'? If you could give some example of each that would be very helpful. Thanks
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Sorry for getting frustrated with the limitation imposed on this website, especially when I trying to offer up useful information.
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Could some one tell me what is the difference between 'false representation' and 'dishonest representation'? Thanks
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I sorry that your sorry but I seem to have this crazy notion of fairness. There should be a process that decision makers are required to go through to arrive to an answer to prosecute or not, and why they don't make it available to me or make the process more transparent is very worrying to me.
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In the form you are asked to tick a box and for different kinds of money you have then fill in an amount next to it. Approximately 20% of all cases lead to a prosecution, are the DWP suppose to supply you with documentation as to how they came to a decision that your case is serious enough to refer to the CPS. The penalties policy gives example of when prosecution should apply. The only box I seem to tick is the over £2000 and I would not have reached that if it was not due to a DWP error. I have not acted in a organised way to commit fraud, I have not used fraudulent documents to obtain more money, I have not claimed money for people who do not exist. These I believe are conditions that would warrant a fraud conviction. I really wish I knew what I know now back when it really mattered. The information for much of this is difficult to find. You need to become more aware of the terminology that is used regarding this matter, to find it. The penalties policy is at the link below for any one who is interested. ***I can't post this link because of the stupid restrictions this website applies, I would not give them a donation for this***** http://www.gov.uk/government/uploads/system/uploads/attachment_data/file/398189/penalties-policy.pdf What kind of information are FIS officer supposed to supply to you with? They seem to like to keep you in the dark, and use what ever powers they have to attack you. My conviction actually hurts the public purse, because I don't pay a fine and the amount of tax I can produce is now greatly reduced.
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Hi Section 115A states the following: 'making of the overpayment was attributable to an act or omission', I failed to inform the DWP that I also had a shares in a company. All the statements I made on the from (i.e.: unemployed, owned my own home, other savings) were all true. I would appreciate it if you could explain how section 111A still applies. How is a false statement on a form considered to have been made if you failed to fill out one section of it. My crime is a crime of omission, but that's seems not to be serious enough for the prosecutor. Teresa May comments should have been directed at investigators and prosecutors rather than the whole legal system. I am starting to learn just how incompetent the solicitor I hired was, I previously had no experience of the law or knew any one who had, to get a recommendation. My solicitors website seem to give the impression that he had handled benefit cases before. Is there any way I can report my solicitor to a ombudsman and recover the money I spent to hire the right legal professional to fight this abuse of process.
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Hi, Could you tell me if it is correct to charge under only part of a section s111A and not all of it, in my case s111 1(a) and 3, why can 1(b) be ignored. I had another look at the Social Security Administration Act 1992 and s115A much more closely describes my case. It also outline the application of the offer of a civil penalty. The drawing out the deadline is not the only example of abuse of process in my case, what can I do about this one, any help would again be greatly appreciated. Thanks, suffy
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Hello marcander I would appreciate it if you could have a look at my post by clicking on the link below and letting me know what you think. http://www.consumeractiongroup.co.uk/forum/showthread.php?467111-Missing-evidence&p=4924017#post4924017 Does Social Security Administration Act 1992 s116 (2) only apply to housing benefit. If so could you let me know which section of the act I need to look at for jsa for time limits on prosecution. Thanks suffey
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demand to see some proof before you pay any fine
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did they send you a time stamped picture of entering and leaving the car park? the place where I got one I noticed a lot of people walking past the entrance to the car park because it had a bus stop next to it I argued that with people crossing across the path of the camera it caused a miss read of the licence plate so I demanded to see time stamped photographs of my car entering and leaving the parking company ukcps had to back down
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I take no offense to being criticized as long as it is constructive, I actually welcome it because its a chance to learn more. I have looked again at my letters and the say that they have decided that my over payment is due to misrepresenting the full amount of savings I had and I have to pay it back. There is no mention of my case being referred to the CPS. Should I have received such a letter and who should have sent it to me, would it by any chance have been the Fraud Investigation Service (FIS). I did not receive any such letter nor was such a letter included in the evidence. Would this letter have informed me of the full amount and time period over which I received benefits. If I contact the FIS involved what do I need to ask for, does the FIS decided to refer cases to the CPS?
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Hi, At the time I was unemployed I did not know that you had to stop claiming benefits for 12 weeks before your next two years of NI contributions would kick in. At the time I was suffering from a great deal of depression and was struggling to hold down a job for a month. My weekly payments should have dropped to £20 a week, but because of DWP error it did not and I made the mistake of assuming my next lot of national insurance had kicked in. The thing I forgot to mention was that I failed to inform the DWP of a shares account which is why they charged me with dishonestly claiming benefit, but my overpayment would never have exceeded the £2000 limit if they had not made there mistake. I believe the overpayment letter was keep from my solicitor to hide the error I was not aware of because I did not no about the 12 week rule for my next lot of NI contribution to kick in. I don't know how to check is I was charge under section 112 or 111, I would appreciated it if you could let me know how to check that. I checked the evidence supplied and it say that I had savings in excess of the permitted limit contrary to section 111A(1)(a) and (3). The amount I owed was set to me as three separate parts for some reason and one of these letters was not included in the evidence for my solicitor. I was only informed in court of the whole amount over the entire period of the over payment in court. Because the prosecutor was behaving so aggressively I broke the time down into number of weeks the divided the over payment by the number of weeks which came to £70 week, but if my NI contributions for that six months had run out then my payment should have dropped to £20 which would have kept my overpayment to under the £2000 limit. Since the trial I have managed to find a good number of DWP documents that seem to strongly indicate that I should have received a civil penalty, but it seem that the investigators and prosecutor were upset with the fact that I have worked hard all my life paying into the system far more tax than I have ever taken out, even with a sever anxiety issues that I suffer with. I could quite easily sat on my backside and claimed benefit, but instead I pushed against my anxiety and found clever way of making my self useful whilst working. I just went through a number of issues that left me suffering from a very sever depression and these jerks have decided to delay proceedings so that the time to appeal would run out and they could successfully destroy my life. I am now looking at losing my home because I can no longer able to pass a DBS. I struggle to deal with people so I am finding it very difficult to adapt to my new situation. I thought I had had some hope of fighting against the abuse of process when I read the post on section 112, but I can't help but feel completely lost. If there is anything you can tell me that would help it would be greatly appreciated. Thanks, suffy
