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Top Housing Benefit & Council Tax Benefit topic #3710

Subject: "Evidence at a price" First topic | Last topic
Damian
                              

WRO(Health), Salford WRS
Member since
23rd May 2005

Evidence at a price
Wed 16-Aug-06 11:49 AM

I have an overpayment case where underlying entitlement was not calculated. The claimant asked for the decision to be revised to include underlying entitlement and the authority agreed to do so only if she provided proof of capital for the period. The bank has told her it would cost over £300 for the statements which go back to 2000. Any ideas what she can do?

  

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Replies to this topic
RE: Evidence at a price, keith venables, 16th Aug 2006, #1
RE: Evidence at a price, steve_h, 16th Aug 2006, #2
      RE: Evidence at a price, jj, 16th Aug 2006, #3
           RE: Evidence at a price, SLloyd, 16th Aug 2006, #4
                RE: Evidence at a price, suelees, 18th Aug 2006, #5
RE: Evidence at a price, samantha, 22nd Aug 2006, #6

keith venables
                              

welfare rights caseworker, leicester law centre
Member since
22nd Jan 2004

RE: Evidence at a price
Wed 16-Aug-06 12:08 PM

I've paid for bank statements as a disbursement under Legal Help. If she's not LSC funded, no ideas.

  

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steve_h
                              

Welfare Rights Caseworker, Advocacy in Wirral, Birkenhead, Wirral
Member since
06th Mar 2006

RE: Evidence at a price
Wed 16-Aug-06 01:45 PM

Can you approach the local authority and get her to give them permission to get the details from her bank account? They (the LA) can do it if is a fraud investigation

  

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jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: Evidence at a price
Wed 16-Aug-06 02:09 PM

crikey! over £300 quid? it sounds excessive for a computer record request...maybe they have to fly the records in from somewhere like tibet...
from what you know of the case, do you think it's absolutely necessary...? eg is there a tariff income question or an issue of excess capital...
i mean if the statements are likely to show IS in and IS out, maybe the LA would accept her statement, on being told the exhorbitant cost to public of obtaining this evidence...just a thought...probably worthless...

er...don't suppose there was any verification of capital on her claims already?

  

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SLloyd
                              

Welfare Rights Adviser/Trainee Solicitor, Thorpes Solicitors, Hereford
Member since
03rd Feb 2005

RE: Evidence at a price
Wed 16-Aug-06 03:04 PM

Banks often have a contractual charge for providing duplicate statements but if she just needs a print out wouldn't this be cheaper? Can she make a DPA request?

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: Evidence at a price
Fri 18-Aug-06 02:09 PM

300 ******' dabs??? as my St Helens colleague would say with polite incredulity.

Don't you just feel for these poor banks.

Damian, can't you request these on her behalf? Clients have come to us having been told the same thing by the bank so we write and ask for them on client's behalf and they've never charged us yet.

  

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samantha
                              

Case worker CAB, Brighton & Hove CAB
Member since
14th Dec 2005

RE: Evidence at a price
Tue 22-Aug-06 03:45 PM

Under the Data Protection Act 1998, the bank must provide the requested bank statements. As long as you invoke this when writing to them, they are not permitted to charge more than £10.

  

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Top Housing Benefit & Council Tax Benefit topic #3710First topic | Last topic