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Just had visit from DWP Customer Compliance Officer - Worried

2

Comments

  • peteraol
    peteraol Posts: 9 Forumite
    pmlindyloo wrote: »
    I don't know what CCCS advised (were they aware of all your debts?) and they usually have a great reputation but you should not be in this situation when you are on JSA. Absolutely ridiculous.

    Have never heard of Dawn Advice - hope you didn't/aren't paying them anything.

    You must get some more professional advice. Do it now.

    I will try and find the link for the organisations you can go to for help.

    Hi , Thanks for that.

    The CCCS know all my debts as I had spoke to them and filled in the online form and listed them all. The only help I had from them was that as I only have JSA then that isn't enough for them to deal with creditors and I would be classed as a "web customer" only. I think they said I needed to have a clear amount of about £100 a month before they would take on the case. So all I can do is out my financial statement then send it directly to the creditor myself with an offer and then see what they say.

    Dawn Advice haven't been paid a penny. They are a legal advice charity that the CAB put me onto when I had to go to court. Sadly the advice was very limited and contained nothing I didn't basically already know.

    Thanks
  • pmlindyloo
    pmlindyloo Posts: 13,049
    Name Dropper First Anniversary First Post
    Forumite
    peteraol wrote: »
    Hi , Thanks for that.

    The CCCS know all my debts as I had spoke to them and filled in the online form and listed them all. The only help I had from them was that as I only have JSA then that isn't enough for them to deal with creditors and I would be classed as a "web customer" only. I think they said I needed to have a clear amount of about £100 a month before they would take on the case. So all I can do is out my financial statement then send it directly to the creditor myself with an offer and then see what they say.

    Dawn Advice haven't been paid a penny. They are a legal advice charity that the CAB put me onto when I had to go to court. Sadly the advice was very limited and contained nothing I didn't basically already know.

    Thanks

    Are you a home owner by any chance?

    If you are, then have your creditors put a charge on your house?

    Just trying to get my head round this :) as the usual debt advice - discussing all your options (for example bankrupcy) doesn't seem to have been given. Or was it, but you didn't want to consider them?
  • peteraol
    peteraol Posts: 9 Forumite
    pmlindyloo wrote: »
    Are you a home owner by any chance?

    If you are, then have your creditors put a charge on your house?

    Just trying to get my head round this :) as the usual debt advice - discussing all your options (for example bankrupcy) doesn't seem to have been given. Or was it, but you didn't want to consider them?

    Yes I am a home owner. I have had 3 charges made against the property now which basically is eating into the equity but I still have some left. I didn't get any advice about going bankrupt from CCCS. All that happened on the calls I have had with them was that m income (JSA) was not enough for them to get involved and I would have to print the financial statement and offer letter myself.

    Its also a mystery to me how the DWP person arrived with my bank statements going back to last July.
  • pmlindyloo
    pmlindyloo Posts: 13,049
    Name Dropper First Anniversary First Post
    Forumite
    peteraol wrote: »
    Yes I am a home owner. I have had 3 charges made against the property now which basically is eating into the equity but I still have some left. I didn't get any advice about going bankrupt from CCCS. All that happened on the calls I have had with them was that m income (JSA) was not enough for them to get involved and I would have to print the financial statement and offer letter myself.

    Its also a mystery to me how the DWP person arrived with my bank statements going back to last July.


    All makes a bit more sense now.

    So your options are quite limited.

    I would seriously consider bankrupcy - at the least do some reading and get some professional advice.

    There is a bankruptcy forum on here which you might want to look at.

    I'll try and find a link with information about bankruptcy and who you can contact.

    I know it is probably something that you do not want to look at and to be honest I don't know all your circumstances but based on what you have told us I think you should seriously consider it and start afresh.
  • Sixer
    Sixer Posts: 1,087 Forumite
    Compliance are wrong. Appeal any decision to remove JSA. Gifts from family are not counted as income. They are voluntary payments. Here is the decision maker's guide:

    http://www.dwp.gov.uk/docs/dmgch51.pdf

    Jim claims ESA. He declares that he gets a payment of £20 a week from his uncle, Peter, towards the cost of running his car.

    Peter makes the payment because Jim has been receiving ESA for some time and needs a car to get around.

    Peter makes the payment because of family ties and affection for Jim. Peter does not expect or receive anything in return.

    The DM decides that the £20 is a voluntary payment.
  • peteraol
    peteraol Posts: 9 Forumite
    Thanks for that information. I have copied the whole section to see what other peoples opinions are. Its very interesting.

    "A voluntary payment is similar to a charitable payment but it will not usually be made from a charitable trust. Voluntary payments are usually paid for the benefit of an individual. But DMs should recognize that charitable payments may also be made to individuals
    1. for the relief of poverty or
    2. because a wider purpose is involved. 51395 The DM should consider
    1.
    the background to and
    2.
    reasons for
    the payment when deciding if it is voluntary.
    Example 1
    Jim claims ESA. He declares that he gets a payment of £20 a week from his uncle,
    Peter, towards the cost of running his car.
    Peter makes the payment because Jim has been receiving ESA for some time and
    needs a car to get around.
    Peter makes the payment because of family ties and affection for Jim. Peter does
    not expect or receive anything in return.
    The DM decides that the £20 is a voluntary payment."

    Opinions appreciated.
  • real1314
    real1314 Posts: 4,432 Forumite
    Your voluntary payments from your mum will not affect your JSA. The compliance person has probably never seen this sort of thing before and has assumed it will be treated as income (as do lots of people on here). Once it gets to a decision maker it should be fine.

    The compliance person is also wrong about your grown up kids staying. it has no effect on JSA, although it could affect HB or CTB if you got those; but in fact if they stayed just 2 days every week and spend the rest of their time with your ex, it wouldn't affect HB/CTB either.

    search for "voluntary payment" and you'll find lots of threads on the subject (most of which will have my comments on!)
    :cool:
  • peteraol
    peteraol Posts: 9 Forumite
    real1314 wrote: »
    Your voluntary payments from your mum will not affect your JSA. The compliance person has probably never seen this sort of thing before and has assumed it will be treated as income (as do lots of people on here). Once it gets to a decision maker it should be fine.

    The compliance person is also wrong about your grown up kids staying. it has no effect on JSA, although it could affect HB or CTB if you got those; but in fact if they stayed just 2 days every week and spend the rest of their time with your ex, it wouldn't affect HB/CTB either.

    search for "voluntary payment" and you'll find lots of threads on the subject (most of which will have my comments on!)
    :cool:

    Thank you for that information. It was something nice to see after a sleepless night :)

    I do agree that my mum does give me this on a voluntary basis. She knows its to pay debts and to keep things like my car insured and taxed as I need it for interviews etc. I think I might get her to prepare a letter stating that she knows its voluntary and is being given without reward.

    Does it matter that I said I am supposed to repay it back when I am back in work?
  • i got sent a letter it came today saying we need to see you in order to discuss the benefit we are currently paying you we need to ensure your payments are correct and it is essential that you are avialable so we can discuss the matter. you should note that where there is doubt about wether the conditions for entitlement are met .we can suspend payment of your benefit. can anyone help
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