Urgent Advice Pre Court Preparation

Don't want to go into details as it relates to another thread of mine. Mods feel free to move if in wrong place.

Can anyone give me an step by step guide to taking a Government department to court. Got a phone call coming on Wednesday from a senior governemnt official and if they don't respond appropriately want to take DWP to court but haven't a clue where to start. It would be nice to be able to have everything ready for off.

What do I need to do - an idiots guide please?

Thanks in advance

Casps

[Amethyst]

Re: Urgent Advice Pre Court Preparation

Ombudsman

Complaints about delays, errors and lost benefit (that is, maladministration) can also be referred to the Ombudsman. This should be done only if all the other remedies (such as reviewing, appealing, complaining, claiming compensation) have not proved successful or are not available.
The Parliamentary Ombudsman deals with DWP and Tax Credit complaints.

Has to go through your MP, I think you were contacting them ?

[Caspar]

Re: Urgent Advice Pre Court Preparation

Many thanks Ame,

Got his telephone number and address. Will make contact tomorrow to explain the situation.

Thaks for your help!

Caspar

[Amethyst]

Re: Urgent Advice Pre Court Preparation

I think it is right to go down that route first, not really sure what you would be suing them for tbh, I guess and injunction to stop them taking further action without evidence, but you could end up worse off. Try the MP/Ombudsman route first, if that doesnt pan out how you want then you can consider the courts again.

[Caspar]

Re: Urgent Advice Pre Court Preparation

Many thanks again!

I e-mailed my MP this morning. In under 2 1/2 hours he phoned back saying he was going to write to the DWP saying he was now fighting my case and would, if necessary, take it to the ombudsman. It certainly feels good to have him on my side.

Have to say I was wondering what I could actually sue them for, but there must be something about false allegations of fraud. I'm still not totally convinced they can legally do what they're doing bearing in mind my wife claimed Income Support for two years after the interview about it and they didn't attempt to reclaim a penny. Now, 8 years later, they start trying to pursue it.

Had they done that this month it would have caused MASSIVE problems this past weekend.

[Amethyst]

Re: Urgent Advice Pre Court Preparation

Cool, sounds like your MP is on the ball, GOOD. Keep us in the loop won't you.

[Caspar]

Re: Urgent Advice Pre Court Preparation

Certainly will. I couldn't believe he got on it so quickly. VERY very impressive - and I'm not easily impressed.

[pompeyfaith]

Re: Urgent Advice Pre Court Preparation

Casper,

How did the claim for income support come about, what im getting at could they have known at the time of progressing the claim you would not have been entitled and there by there mistake.

[Amethyst]

Re: Urgent Advice Pre Court Preparation

I was extremely impressed with the speed my MP (Dennis Skinner) got back to me on a benefits issue too Caspar, I'd never bothered before as just assumed they'd be rubbish and patronising but he was brilliant and things got sorted quite quickly after his letter to the tax credits people.

[Caspar]

Re: Urgent Advice Pre Court Preparation

Casper,

How did the claim for income support come about, what im getting at could they have known at the time of progressing the claim you would not have been entitled and there by there mistake.

It actually happened before I met my wife, but as long as my understanding is correct, which I believe it to be, she had been claiming Income Support for a while (about 4 years) so there was no question of it being a mistake in that way. (Just checked with wife - info here is spot on!)

AME - you asked yesterday about being unsure what you'd sue them for. We have it in writing that they have found her guilty (without going to court) of fraud. This must be either slander or liable (can't remember which is spoken and whhich is written) so that must surely be one ground for court procedures.

Thanks all - you're brilliant!

caspar

[Caspar]

Re: Urgent Advice Pre Court Preparation

Well, had a very interesting 40 minute phone call (recorded) with the Data Controller from the DWP. She admitted she couldn't find the paperwork. She asked totally irrelevant questions -"When did you meet your wife?" I told her that was none of her business.

Classic bit - We told you in 2004 that we'd be writing to you so this letter couldn't have come as a surprise?

My response - Well, you've asked us for an IE sheet. Would you be surprised if you didn't receive it until 2016 or do you think 6 years is a reasonable length of time in which to respond?

She has left it that she needs to consult with someone more senior and is phoning back on Friday. I explained the DWP have put in writing they have a proven case of fraud against my wife. This is a VERY serious allegation and my wife really deserves the right to a fair hearing in court, so would they please take us to court, otherwise we may have to consider taking them to court with the full support of our MP in order to clear her name.

Is it slander or liable when it is written?

I think she was a bit surprised the way the conversation went,, so we'll see what happens on Friday. I bet she prepares rather better for that phone call.

[Caspar]

Re: Urgent Advice Pre Court Preparation

Positive result. They have dropped the case and written off the just short of £2000 they claimed my wife owed. I learnt a lot from this and have posted a few things that were critical dealing with these very slippery characters on a separate thread in the hope it may help someone else.

Data Protection Basics and other useful information - Legal Beagles Consumer Forum

Could easily now pursue serious breaches of DPA (admitted by data processor in recorded call), breach of human rights, breach of Freedom of Information Act and probably several other things if I thought about it. Don't want to as I'm just glad for my wife it's over with after eight long years.

[TUTTSI]

Re: Urgent Advice Pre Court Preparation

Well done Caspar :cancan:

I bet you have learned a hell of a lot since being a sites like LB and that you are not a push over.

Tuttsi x

[Amethyst]

Re: Urgent Advice Pre Court Preparation

Have they given reasons ?

[Caspar]

Re: Urgent Advice Pre Court Preparation

Have they given reasons ?

They didn't have any choice in the end. Thank God for Truecall recordings!

They have not got any papers to back up their allegation (not surprising as my wife was never guilty).

They had not taken court action within 6 years. My wife had not agreed to accept a caution or penalty. She had been interviewed under caution so the only option left to them was to drop the case. They could do nothing else.

Also pointed out several serious breaches of the DPA which they admitted were clear breaches knowing it was being recorded.

I found the eight underlying principles quoted in my related thread VERY useful - more useful than the nitty gritty of the DPA. Also the SSAA is very clear, produced specifically for the DWP and they had breached that as well. Also quoted several Protocols to them and reminded them my MP was happy to take it to parliamentary ombudsman. (You can pursue your own route as well with the ICO by the way, alongside the PO).

Hence they decided to change their minds.