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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can the Jobcentre admit they have caused financial loss and

Resolved Question:

Can the Jobcentre admit they have caused financial loss and stress but only give £100 as a "tangible appology" when my actual losses come to near £25000 because of incorrect decisions being made?
My benefits weire stopped without notice just as I was about to move home, I had no choice other than cash in my pension to pay removal costs. I wrote to JCP informing them that I had 15 days to return the payment if they would continue paying my income support, this was ignored for a month although my income support was refunded but no explanation was given as to why it had stopped, they claimed that they could not explain it.
Then they wrote requesting details of the payment so they could deduct it from my income support. In effect they have stolen my pension. I received £100 as a tangible appology.
They have also put me to forced labour and then prevented me from doing as they demanded by inundating me with paperwork , then informed me that the threats and decisions were incorrect but that Incould not complain that my human rights had been violated or that I had suffered discrimination as policies had befen checked for this and they were following policy.
They said " we can find no letter to you instructing you to cash in your pension"
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Did you tell them you would be cashing in your pension?
Customer: replied 2 years ago.

I did inform them that I would have no choice but to cash in my pension if they did not pay my income support. , I also informed them when I have done this and told them that I have 15 days in which I could return it. They ignored both emails

Expert:  Ash replied 2 years ago.
Do you have these emails? What comments did the Tribunal make?
Customer: replied 2 years ago.

I cannot speak on the phone due to speech difficulties

I will have to continue this conversation tomorrow now as I have health issues to attend to

Expert:  Ash replied 2 years ago.
ok
Customer: replied 2 years ago.

Sorry for delay. I had a stroke and have periods where technology is challenging. The judge could not comment in the stance that JCP had taken with me only in the most recent decision which was to allow 26 weeks disregard of excess capital. He found against my appeal but explained that the disregard was now the correct and final decision and there was no prospect of having to return benefit paid during nor previously. DWP ignored this and said they were applying rule CIS/368/1993 and I was to pay back 2 years of income support. Then said as they had incorrectly advised me that in would not have to relay it. Problem is that if they claim.I wasnt entitled to it I have made a fraudulent claim for council tax benefits. They advised me not to notify the council. Are they setting me up to be prosecuted?

My case is so complicated that nobody has been able to unravel it . nobody provides services that cover shortfalls from other services. If you like I can give you an outline of the background history

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

It's. Not just my my financial losses. They said I might have 26 weeks to compete the adaptation and renovation to my house or they may decide to enforce cis/368/1993 but they would decide after I had finished. I could not employ builders In case they applied this rule so I had to do the work myself. Then they inundated me with paperwork so I had to work all day on the house and all night on the paperwork. I had to abandon my life saving medication because the side effects are chronic fatigue and as time run l I was using illegal stimulants to keep up with the work required and eventually had a nervous breakdown I informed them what affects their treatment was having on me and they ignored it. The Independent Case Examiner said their treatment of my case was inappropriate and they gave me £100 as a " tangible apology " then continued to harass me with demands of paperwork. One document was demanded 9 times. I was expected to account for every name and screw. I was already seriously disabled and then I was attacked by a Rottweiler and had a stroke after the hospital discharged me without even taking my blood pressure

Expert:  Ash replied 2 years ago.
You can claim everything you have lost includeding stress and personal injury if you can show is was caused through the negligence of the DWP.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

II haveevidence centre that my benefit was stopped and 5 recorded phone calls misinforming me that my income we stopped for various reasons, all untrue. The DWP ignored letters complaining of their action and explaining the consequences off their failure to respond Stu my request to reinstate my benefit before 15 days were up and I could return the pension only months later I received an acknowledgement saying we can find no record of telling you to cash your pension the recorded calls were provided by the DWP under a subject access request