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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

CSA instruction to DWP & job seekers

oburoni

By oburoni
in CSA Issues

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oburoni

oburoni

Posted
Posted

The CSA instructed the DWP to deduct 35 pounds from my 67.50 pounds jobseekers leaving me with 32.50 pounds to live on.

 

A couple of thoughts:

 

1) my DWP/job seekers statement quotes "..its based on the amount the law says you need to live on" . When it states the "law" which law /act ? Can any one elaborate for me?

 

2)If the CSA/DWP have eluded together so that I am receiving less than what the law says to live on ,then technically both parties are in breach of that law are they not? Then can I not take legal action against them?

 

Recently I have experienced atrocious treatment from the DWP ending up with the Independent Case Examiner, my feelings are the DWP and CSA are not interested in getting themselves to be efficiently run organizations( they are probably more interested in getting fat pensions) unless they receive some motivation to do so.

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oburoni

oburoni

Posted
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Posted

hi

 

no i don't owe money; I was diligently paying my ex-wife 5 pounds direct without fail. For reasons unknown she decided to instruct the CSA to collect the money. Without any consultation ,phone call, or anything else the DWP sent a statement that 35 pounds would be deducted.

 

Due to nonsense from the DWP over a previous issue i've developed zero tolerance to them. From where i'm standing its building up to harassment case, certainly i'm ready to take any legal action I can

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antone

antone

Posted
Posted

This is puzzling. If there are no arrears your ex-wife can't simply "instruct" the CSA to collect more money. We need more information about this.

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

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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oburoni

oburoni

Posted
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hi

 

I don't know who came up with the amount of 35 pounds to deduct.I can confirm that they have deducted that amount and have a statement from the DWP confirming this.

 

I can only confirm that for some reason my ex-wife decided to get the CSA to collect the money instead of me sending it to her direct.

 

By the way I haven't even cancelled the 5 pounds going to her direct from my account ,since knowing the CSA that could cause another problem.

 

Just like on previous occasions I have written to the CSA & DWP nothing in writing from either of them so far. Also my MP -he has no info from DWP or CSA to tell me either.

 

On my letters I have asked various questions like who decided to deduct, when, is there a recognized minimum amount that someone can live on etc

 

If I don't get a reply I want to take this further. Previously I had issues with the DWP on information; without going into details I asked what information they had about me on their database (i asked this since I knew there was an error).

 

To give you an example of the mentality of the DWP, I got a reply from the DWP written to me quoting in their letter my NI, my name and address.They said in this letter they needed more information and to write it on an enclosed form.Guess what they wanted to know -my N.I number, name and address. I lost the plot at that stage.

 

I have all letters to and from the DWP of the previous case.

 

What i really want to know is if the CSA /DWP have breached any laws; I have been reading up on the Human Rights but it doesn't look like that law applies.

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frank_begbie

frank_begbie

Posted
Posted

I had my benefit suspended a few months ago, and while waiting for the appeal to go through I claimed Hardship Allowance.

 

Not sure of the exact figures but I think they allow you 2 thirds of your JSA to live on. More than £35 anyway. That must be the absolute minimum they think you can live on.

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afcwben

afcwben

Posted
Posted
I had my benefit suspended a few months ago, and while waiting for the appeal to go through I claimed Hardship Allowance.

 

Not sure of the exact figures but I think they allow you 2 thirds of your JSA to live on. More than £35 anyway. That must be the absolute minimum they think you can live on.

 

I thought all yuour JSA was to live on they dont give you any extra for the finer things in life, from what I have seen it is £5 per week, government is trying to raise it to £10 though

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antone

antone

Posted
Posted
I had my benefit suspended a few months ago, and while waiting for the appeal to go through I claimed Hardship Allowance.

 

Not sure of the exact figures but I think they allow you 2 thirds of your JSA to live on. More than £35 anyway. That must be the absolute minimum they think you can live on.

 

Hardship is 60% of your weekly rate, IIRC. I am puzzled by the situation described in the OP, but I must admit I'm at a bit of a loss to suggest what to try next. Oburoni has already tried pretty much everything I would have suggested.

 

As to whether or not they've broken any laws, again, without an explanation as to why they're doing what they're doing, it's hard to say. Perhaps a consultation with a suitably experienced lawyer might be the next step.

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

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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antone

antone

Posted
Posted
Are the CSA law that is the only question I would be asking!!!!!!!!

 

Well, they're an executive agency charged with the task of implementing and enforcing the law.

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

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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antone

antone

Posted
Posted
Enforcing what law

The rite to take money that some people can't afford!!!

 

I'm not here to defend the CSA - I was just answering the question you asked.

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

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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  • 3 months later...
Stressedandfedup

Stressedandfedup

Posted
Posted

The CSA can only request money to be deducted for maintenance. The decision is down to the DWP but the DWP is supposed to ensure you still have the minimum amount to live on by law. I just don't know the amount. It may be worth making DWP specify what the deductions are for to make sure it's not something else like social fund loan or council tax.

If I were you I'd find out what your weekly CSA liability has been calculated as. If your case is recent it should be £5.00/w flat rate if your are in receipt of prescribed benefits. The rest could be for any 'build up' between the case start date and the DWP started to make deductions. BUT there is still a tight limit on how much the CSA/DWP can deduct for these arrears.

With regards to you still paying your ex directly, I would stop. If you're having CSA payments taken, then she's effectively getting more than she's entitled (if that's the word) to. She can't have it both ways.

SAFU

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