Any experts on 1st tier tribunal please?

fifitrix123 · 9 October 2018 at 9:12AM

I have been to a tribunal as I received a inheritance but could not physically cash the cheque due to being illnand in hospital etc. They tell me I had the capital by having the cheque, despite me trying to contact dwp several times about it (and have proof). I was also told by bank chequebwas out ofnfate at 3 months, (wrong info) but bank wrote to them explaining, consultants and docs wrote to them but still i should have trusted a stranger with my cheque (bank told me not to or I would be liable if it was lost or stolen)!
1st judge asked for lots more info at 1st hearing and adjourned it for 10 months! 2nd Judge didn't even bother looking at it?
Any experts or solicitors know if I can do anything else?
Welfare rights and voiceability wrote 1 letter with nothing new in it and that took them over a year?
Any advice from an expert will be greatly appreciated thank you!!!

pmlindyloo · 9 October 2018 at 9:40AM

I am sorry but |I am finding it difficult to understand all this.

Can you start from the beginning of your story?

Since you mention the DWP I am assuming this is to do with a means tested benefit? if so, which one? JSA/ESA?

Did they stop your benefit because they said you were over the limit with your savings from an inheritance? But this inheritance was in the form of a cheque which you had not cashed due to being ill?

And you have appealed this?

Sorry, if I am way off the mark!

tomtom256 · 9 October 2018 at 6:26PM

Basically I think you are being treated as having the capital available, regardless of ability to cash it, as you could have paid the cheque in at any time.

What are you actually arguing against?

Did the tribunal find in your favour or uphold the decision?

Do you believe there has been an error in the law used?

Alice_Holt · 9 October 2018 at 7:04PM

What does the Lawyer you got through your insurance policy say?

https://forums.moneysavingexpert.com/discussion/5819032/is-there-anyone-legal-people-who-can-help-with-an-esa-appeal-please

I agree with tomtom that a cheque would be classed as available capital by the DWP.
What grounds did your lawyer come up with to argue otherwise? Did s/he quote legislation / case law to support your contention.

What does the Tribunal Decision Notice say?

fifitrix123 · 10 October 2018 at 9:39AM

Hi insurance couldnt help at all as I had already started case.

Thanks

fifitrix123 · 10 October 2018 at 9:46AM

Yes it has been treated as capital despite not cashing cheque, then it went out of date. I was in hospita or while then coukd not get out as dont have family or carers so could not cash it as bank told me not to give it to anyone incase it went missing ie a cheque cashing place as I had carers steal cash out of bank previously.....

1st judge asked for a ton more evidence and proof of me contacting dwp about it, then 10months later I got a different judge who didnt even look at it.

I guess I just have to suck it up but they could have told me ithadto be cashed way before they came to see me, then maybe the bank manager could have sorted something but not top of my mind when awaiting life saving surgery lol. Thanks everyone for your input. It was esa so I have to pay back 8 months of when i had the chque, not the cash.... had I cashed it I woukd have told them, as they agree I wasnt bejng fraudulent but I had the cheque, tho even tho the bank told me it was out of date after 3 months I thought I had lost it all anyway.

fifitrix123 · 10 October 2018 at 9:50AM

Hi I dont think I can appeal this, I hope I explain better in other post, I think now I can only appeal a point in law, ie if judge did something wrong...... im so mad as had I cashed cheque straight away and paid off debts immediately I would not have had so much stopped as I was borrowing money all the time whilst ill, and had to carpet and furnish a new place and pay for own carers etc so it went below £16k straight away! Insteak I have to repay 10 months money whilst ill and unable to cash it so borrowed more until I coukd cash it then am paying it back twice!

poppy12345 · 10 October 2018 at 11:29AM

What i don't understand is, if the cheque wasn't cashed why you haven't contacted the person you had it from so they can send you another cheque? If you haven't cashed it in then the money is still there for you.

This doesn't make any sense to me or i'm just not thinking straight today...

JCS1 · 10 October 2018 at 11:49AM

Why not ask whoever issued the cheque to cancel and do a bank transfer instead?

sammyjammy · 10 October 2018 at 11:59AM

You were in hospital for 8 months. I can post a cheque to my bank in a special envelope, you could have made arrangements for this.

sammyjammy · 10 October 2018 at 12:01PM

I'm not sure what the issue is, if you had cashed the cheque immediately your benefit would have stopped immediately, it didn't and you were overpaid and need to pay it back. The cashing of the cheque is regardless IMO.

Unless I am really confused...

Any experts on 1st tier tribunal please?

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