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Suspicious phonecall related to ESA!

Hey all,

I’ve just had a phonecall from a medical company asking me to come in for an examination for ‘the claim for ESA that was lodged in July’.

As noone here was aware, I will explain. I am suffering from bowel cancer, however have continued working against medical recommendations and have never lodged a claim for benefit, having been either self-employed or a company director in various capacities (mainly related to the industry I’m in now) since I was 20 years old. Having told them that my earnings were around £270,000 after tax last year, they admit that I couldn’t have made the claim, even if I was of work!

This has left me confused and a little agitated, however despite being told that I should submit a statutory penalty for harassment (the medical company) and breach of the DPA (DWP), there is little I seem to be able to do with regard to this.

I will be making a formal complaint in the morning, however has anyone else got any advice? This is a clear case of fraud on someones behalf, and I want to get the the bottom of it! I have spoken to a manager, who has suggested speaking to another department in Leeds tomorrow morning.

Many thanks

Chris
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Comments

  • rogerblack
    rogerblack Posts: 9,446 Forumite
    Neglecting anything else.
    You can claim ESA with earnings last year, or this, of this level, and savings of over 16K, on a contributory basis.

    'A medical company' ?
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    rogerblack wrote: »
    Neglecting anything else.
    You can claim ESA with earnings last year, or this, of this level, and savings of over 16K, on a contributory basis.

    'A medical company' ?

    The company in question being Atos Healthcare. We have savings/investments of around £22000 at this time, meaning that this is out. My basic salary is £145,000, OH the same, plus dividends (which won’t be amazing this year, but enough to push us over the joint £400k mark before tax), meaning that I wouldn’t be able to claim contrib. either.

    Chris is confused (for once) :(
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  • rogerblack
    rogerblack Posts: 9,446 Forumite
    CKhalvashi wrote: »
    The company in question being Atos Healthcare. We have savings/investments of around £22000 at this time, meaning that this is out.
    Contributory ESA is not means tested.
    If you had stopped working, you're eligible.
    (though for only a year now, if placed in WRAG.)
    (assuming welfare reform bill goes through)
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    rogerblack wrote: »
    Contributory ESA is not means tested.
    If you had stopped working, you're eligible.
    (though for only a year now, if placed in WRAG.)
    (assuming welfare reform bill goes through)

    I never put the claim through in the first place. We both took 2 weeks off in July (of which we were in Malta). We’ve had nothing else off, apart from the odd hospital appt. this year!
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  • see what leeds has to say
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    woodbine wrote: »
    see what leeds has to say

    Will be doing! I’d love to hear their answer to this, especially, as stated, I’ve never applied for any benefit!
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  • real1314
    real1314 Posts: 4,432 Forumite
    1. If this is fraud, Atos are not harassing you, as they have acted in good faith. Furthermore, attempting to claim that a single phone call (in good faith) amounts to harassment is a bit OTT.

    2. In what way do you feel that DWP have breached DPA, by contacting YOU about a claim in YOUR name? How would this be a breach of DWP? Again, if it is a fraud, they have also acted in good faith.

    3. If it is a fraud, you will not be entitled to much in the way of information as you would not be eligible to access fraud files that relate to the investigation of an.other that has used your details.

    You need to think about what really concerns you, rather than claiming you're going to take action against tom, !!!!!! and harry for spurious "offences".

    Your main concern should be that your personal info has been used to make a claim.
    Such a claim is unlikely to have evolved in DWP, as they would not be aware of your condition, as you say you have never contacted them.

    You need to be looking elsewhere. :cool:
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    real1314 wrote: »
    1. If this is fraud, Atos are not harassing you, as they have acted in good faith. Furthermore, attempting to claim that a single phone call (in good faith) amounts to harassment is a bit OTT.

    2. In what way do you feel that DWP have breached DPA, by contacting YOU about a claim in YOUR name? How would this be a breach of DWP? Again, if it is a fraud, they have also acted in good faith.

    3. If it is a fraud, you will not be entitled to much in the way of information as you would not be eligible to access fraud files that relate to the investigation of an.other that has used your details.

    You need to think about what really concerns you, rather than claiming you're going to take action against tom, !!!!!! and harry for spurious "offences".

    Your main concern should be that your personal info has been used to make a claim.
    Such a claim is unlikely to have evolved in DWP, as they would not be aware of your condition, as you say you have never contacted them.

    You need to be looking elsewhere. :cool:

    The point is (as has been stated be someone legally trained) that relevant fraud checks have not been carried out. Money has been paid into a bank account since July and only stopped this week. I can tell you right now that I will NEVER deal with Santander for as long as I shall live. This means that the onus should be on DWP to check who they’re paying to, instead of sending others to (legally speaking) threaten someone into a medical that they’re unwilling to hold. This could lead myself to be implicated in a fraud that I know nothing about.

    IMO, the status of a benefit application should AT LEAST be posted to someone before any money is paid, with written paperwork to be sent back. I am only being asked now, by a third party that I have never given permission to have access to my details. The checking is not enough, and whilst I have never slated anyone living on benefits in genuine circumstances, I am willing to work until I am physically too ill to get up in the morning, yet I understand it is an unreasonable view in the genuine population, thus I will place a lesser threshold on others.

    I am in pain, yet I am working sometimes 70-80h/week. Why should someone be able to collect benefits in my name, for a completely unrelated condition that I have never had?!
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  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    CKhalvashi wrote: »
    Money has been paid into a bank account since July and only stopped this week.

    Did they tell you that money had been paid out since July? If a claim was only made in July, it might be that no money has been paid out yet. It's taking months to sort out some benefits.
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Mojisola wrote: »
    Did they tell you that money had been paid out since July? If a claim was only made in July, it might be that no money has been paid out yet. It's taking months to sort out some benefits.

    Claim made July 4th, 1st payment in July 21st, no questionnaire filled in yet (hence I have been contacted)

    What makes me more confused, is that (even though it’s publicly available), DWP have never had my mobile number, as it’s generally only used by friends/family and clients!

    They asked for questionnaire back by Nov 12th, which is confusing me!
    💙💛 💔
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