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    • trojan1964
    • By trojan1964 16th May 18, 2:32 PM
    • 18Posts
    • 1Thanks
    trojan1964
    Debt Management Payment.
    • #1
    • 16th May 18, 2:32 PM
    Debt Management Payment. 16th May 18 at 2:32 PM
    If a debt has been created and based on evidence that should not have been considered, but was, can that debt be a legitimate debt if based on facts unrelated to an overpayment?

    It is clear from the Mandatory Decision notice that the DM considered the Claimants evidence in respect of another appeal unrelated.

    So this would mean the evidence that we asked to be considered was never considered.

    Any help would be appreciated. Thanks
Page 1
    • poppy12345
    • By poppy12345 16th May 18, 3:40 PM
    • 2,936 Posts
    • 2,899 Thanks
    poppy12345
    • #2
    • 16th May 18, 3:40 PM
    • #2
    • 16th May 18, 3:40 PM
    If a debt has been created and based on evidence that should not have been considered, but was, can that debt be a legitimate debt if based on facts unrelated to an overpayment?

    It is clear from the Mandatory Decision notice that the DM considered the Claimants evidence in respect of another appeal unrelated.

    So this would mean the evidence that we asked to be considered was never considered.

    Any help would be appreciated. Thanks
    Originally posted by trojan1964
    Did you go to your local CAB for advice about this? You were advised to do this in your last thread about this overpayment.
    https://forums.moneysavingexpert.com/showthread.php?t=5840598
    • parkrunner
    • By parkrunner 16th May 18, 6:05 PM
    • 1,251 Posts
    • 1,922 Thanks
    parkrunner
    • #3
    • 16th May 18, 6:05 PM
    • #3
    • 16th May 18, 6:05 PM
    Did you go to your local CAB for advice about this? You were advised to do this in your last thread about this overpayment.
    https://forums.moneysavingexpert.com/showthread.php?t=5840598
    Originally posted by poppy12345
    And the OP ignored Alice Holt's questions and if answered might have got the reply OP wanted. I wouldn't bother asking OP any questions quite frankly.
    • Alice Holt
    • By Alice Holt 16th May 18, 7:14 PM
    • 2,267 Posts
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    Alice Holt
    • #4
    • 16th May 18, 7:14 PM
    • #4
    • 16th May 18, 7:14 PM
    And the OP ignored Alice Holt's questions and if answered might have got the reply OP wanted. I wouldn't bother asking OP any questions quite frankly.
    Originally posted by parkrunner
    The question the OP should be asking (I think) is can this overpayment be successfully appealed.

    To begin to approach an answer, we need to know the specifics of how the o/p arose.
    From the very limited info supplied by the OP in her previous thread, I suggested a couple of possibilities. It is a pity the OP did not feel willing to answer my questions, to enable us to explore and chase down these possibilities further. We may have indeed been able to offer a considered view.

    The question posed by the OP in this latest thread is virtually unanswerable.
    It's a waste of everyone's time for the OP to pose a question, fail to give basic information, not be willing to answer legitimate questions, only to raise the issue in yet another thread in a manner that verges on incomprehensibility.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • poppy12345
    • By poppy12345 16th May 18, 7:38 PM
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    poppy12345
    • #5
    • 16th May 18, 7:38 PM
    • #5
    • 16th May 18, 7:38 PM
    The question the OP should be asking (I think) is can this overpayment be successfully appealed.

    To begin to approach an answer, we need to know the specifics of how the o/p arose.
    From the very limited info supplied by the OP in her previous thread, I suggested a couple of possibilities. It is a pity the OP did not feel willing to answer my questions, to enable us to explore and chase down these possibilities further. We may have indeed been able to offer a considered view.

    The question posed by the OP in this latest thread is virtually unanswerable.
    It's a waste of everyone's time for the OP to pose a question, fail to give basic information, not be willing to answer legitimate questions, only to raise the issue in yet another thread in a manner that verges on incomprehensibility.
    Originally posted by Alice Holt
    Completely agree with everything you said here!
    • trojan1964
    • By trojan1964 16th May 18, 8:41 PM
    • 18 Posts
    • 1 Thanks
    trojan1964
    • #6
    • 16th May 18, 8:41 PM
    • #6
    • 16th May 18, 8:41 PM
    That's a bit rude.

    I have contacted Alice Holt via the messaging service available on this site.

    If i have offended anyone else this was not my intention, i am just trying to find out some help that is all.

    The matter is subject to an appeal, and the grounds on which the appeal will be based on, is not whether the DWP were entitled to claim an overpayment, which is disputed.

    It is how they made this a debt, by not following or considering evidence that would demonstrate there was no debt, but more importantly, they relied on evidence to secure that debt which should and could not have been used.

    Whilst i appreciated the DWP have the right to recover a debt, doing it in the manner they acheived this one, was evidently unlawful for the reasons giving above.
    • poppy12345
    • By poppy12345 16th May 18, 9:20 PM
    • 2,936 Posts
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    poppy12345
    • #7
    • 16th May 18, 9:20 PM
    • #7
    • 16th May 18, 9:20 PM
    That's a bit rude.

    I have contacted Alice Holt via the messaging service available on this site.

    If i have offended anyone else this was not my intention, i am just trying to find out some help that is all.

    The matter is subject to an appeal, and the grounds on which the appeal will be based on, is not whether the DWP were entitled to claim an overpayment, which is disputed.

    It is how they made this a debt, by not following or considering evidence that would demonstrate there was no debt, but more importantly, they relied on evidence to secure that debt which should and could not have been used.

    Whilst i appreciated the DWP have the right to recover a debt, doing it in the manner they acheived this one, was evidently unlawful for the reasons giving above.
    Originally posted by trojan1964
    I'm sorry but no one can help without knowing all the details, you were asked multiple times in your previous post and you didn't even reply to Alice's last comment to you.
    • Alice Holt
    • By Alice Holt 16th May 18, 10:12 PM
    • 2,267 Posts
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    Alice Holt
    • #8
    • 16th May 18, 10:12 PM
    • #8
    • 16th May 18, 10:12 PM
    If i have offended anyone else this was not my intention, i am just trying to find out some help that is all.

    Whilst i appreciated the DWP have the right to recover a debt, doing it in the manner they acheived this one, was evidently unlawful for the reasons giving above.
    Originally posted by trojan1964
    My posts on your last thread were intended to help you.
    It took me some time to put those posts together, and provide you with appropriate links.

    Because I thought my comments here:
    https://forums.moneysavingexpert.com/showthread.php?t=5840598#11
    would be helpful to you, and
    you had not replied or indicated you had seen my post -
    I then messaged you with this post.

    I was rather disappointed that we didn't go on to explore the emerging points coming out of that thread, but rather you started a new thread.
    I was certainly not offended, but a bit frustrated that (in my view) we have regressed in trying to give you some guidance for an appeal.

    I don't understand your point about the evident unlawfulness arising from "evidence that should not have been considered, but was".
    The only way a tribunal could accept that is by understanding the specifics of why and how the o/p arose; they have to be guided by benefit legislation and case law. This is why I have linked to information sources such as:
    https://www.turn2us.org.uk/Benefit-guides/Benefits-Overpayment/What-is-a-Benefit-Overpayment

    My comment on this thread was not intended to be rude, I really can't understand the points you are making in this thread, and I can't see how this very generalised argument would apply at a tribunal. We could have only helped you by understanding the details, and placing those in the context of the legislation.
    Do remember that (as stated in your previous thread) all UC overpayments are recoverable regardless of official error.

    I think you best option is to take the relevant documents to your local CAB / advice agency and see if they can advise you about your case.
    Last edited by Alice Holt; 17-05-2018 at 9:36 AM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
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