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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can the dwp stop half of my old age pension because they say

Customer Question

can the dwp stop half of my old age pension because they say I own them money from a overpayment 25 yrs ago .I went to a tribunal about 26yrs ago and at this tribunal I was told that I needed to show some more papers I done ready for the next meeting.at this tribunal there was a new adjudicator who dimissed my letters that were accepted by the first tribunal and told me that he was ruling for the dwp and that I had the right to appeal against this .I waited for the a ppeal notice to be sent to me iwas making payment all this .I wrote to the tribunal and told them iwas moving and I had heard about the appeal igave them my new address the next time iheard from them was just before I retire .they told me that they taking money from my oap .itold them I had not been told about the appeal they said I had .so iask them to show me acopy of the appeal when it came it had the old address on it .so I asked for them to send me copies of both tribunals and the letters they had I was then told all evidence was destroy by then so now I find that icant stop them taking half my old age pension because they say this is a benefit not oap have I got any way of fighting back about .
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. Have you asked them to reconsider this decison?
Customer: replied 1 year ago.
yes
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have you appealed the decision please?
Customer: replied 1 year ago.
yes I appealed several times and ask them to supply all evidence from the tribunal and the letter about the appeal and copies of letters I sent them.i was then told evidence was not kept after so many years so it has been destroyed.they are still taking money from my oap now they are increasing the amount to 50percent.i have told this is causing hardship to me but because they say I didn,t appeal they can .this was from 20 years ago not 25 as mention in my first letter to you
Expert:  Ash replied 1 year ago.
Did you go to a Tribunal?
Customer: replied 1 year ago.
yes I attended two at the first it was adjourned because he wanted more information from me. at the second the adjudicator dimissed the new papers the first adjudicator wanted without reading and ruled for the dwp
Expert:  Ash replied 1 year ago.
Did you appeal that decision?
Customer: replied 1 year ago.
no because the appeal was not sent to the right address as I had moved I wrote to the dwp giving them my new address.i never heard from them till about 8yrs ago.this was when I asked for all letters about the tribunals;appeal to be sent to me only to be told that these were destroyed.so now iam unable to defend myself as they say the appeal was sentbut I know it was not but by them destroying my letters I cant fight them {dwp}
Expert:  Ash replied 1 year ago.
Have you sought to appeal out of time?
Customer: replied 1 year ago.
yes they have told me there is no time limit
Expert:  Ash replied 1 year ago.
Ok. Have you appealed further?
Customer: replied 1 year ago.
yes several times but they keep going back to the appeal and the tribunal but I can't get any evidence from them in the mean time they are still taking money fom my oap
Expert:  Ash replied 1 year ago.
When you say you can't get evidence from them, what do you mean?
Customer: replied 1 year ago.
they dwp tell me that letters about the tribunals and the appeals have been destroyed and that they can take the money because oa pension is a benefit
Expert:  Ash replied 1 year ago.
What evidence do you need?
Customer: replied 1 year ago.
letters that I wrote about my change of address to dwp all copies of the 1st and 2nd tribunal
Expert:  Ash replied 1 year ago.
Ok, do you not have copies?
Customer: replied 1 year ago.
I seem to have no way to stop them taking half my oap .they will not send me any evidence of the case so should I just roll over and let them do what ever they like
Expert:  Ash replied 1 year ago.
So the only way to win the appeal is to get documents which they have but have been destroyed?
Customer: replied 1 year ago.
yes I need this documents but the dwp keep telling me I did not appeal but how could I if they where sent to the wrong address.is there no why any thing in the human right acts that would help me .as a government dept is pursing me for money which I say is not ode with out any time limit at lest 20 yrs ago but refuse to give any of the documents or copies of the tribunals to help me dispute this
Expert:  Ash replied 1 year ago.
Ok. You can therefore consider a Judicial Review. You can't appeal as you do not have the documents but you can seek a Judicial Review.
This is where the High Court examines all the DWP have done to see whether it is legal and reasonable. The Court can agree with the decision or remit it back to the DWP. But a Judge can see what they have done to see whether it is fair.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
could you tell me how [ start a judicial review what you told me in this answer has given me some hope in fighting back just when I felt really down and that it was really hopeless
Expert:  Ash replied 1 year ago.
Please see:
https://www.leighday.co.uk/LeighDay/media/LeighDay/documents/JR-Quicky-and-Easy-Guide.pdf
And:
https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf
Alex

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