I don't know how to handle my UC appeal. I can't pay for a lawyer. Can anyone help? — Scope | Disability forum

I don't know how to handle my UC appeal. I can't pay for a lawyer. Can anyone help?

Marcelabayres
Marcelabayres Member Posts: 8 Listener
edited November 2021 in Universal Credit (UC)
I need to appeal a Universal Credit decision and I have no clue how to handle this. I tried to find a lawyer to this for me but they asked me for money and I can't pay. I really need to appeal, because the Universal Credit staff is abusing of its power position forcing me to pay 1.800GBP because THEY MADE A MISTAKE. I don't have anything to do. Can you help me?
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Comments

  • poppy123456
    poppy123456 Member Posts: 28,416 Disability Gamechanger
    Hi,
     I see you've posted another thread saying you've requested the MR which didn't change the decision. May i ask the reason why they've told you that you owe this money? When you claim UC regardless of whether they made an error, payments are recoverable but it will help if you can give us more information.
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  • Marcelabayres
    Marcelabayres Member Posts: 8 Listener
    Thanks a lot for your soon answer poppy! A manager named Gareth decided to transfer my rent payment directly into my landlord's bank account. I disagreed, I never gave my consent but he did it anyway. Later a person, here in the house I am living claimed to be the new landlord (this is a complex situation) so he called Universal Credit saying he was landlord and I had arrears. That was not possible because the Universal Credit was payng my rent directly, like I said before. Then, the universal credit staff made an investigation. They decided to suspend the payments. Then they gave me a letter informing me that owed them 1.800GBP, when I never saw a pen of that amount of money. I asked a MR and they contradict themselves "I am satisfied although the changes made to your entitlement on 22/09/2021, were correct, the overpayment decision made on 22/09/2021, was incorrect. My revised decision is that you have not been overpaid, as the housing costs element was incorrectly paid to your previous landlord."
    I am not English native speaker and I need help.
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  • poppy123456
    poppy123456 Member Posts: 28,416 Disability Gamechanger
    edited November 2021
    Thanks for explaining this. I read this as the MR decision went in your favour and you haven't been overpaid so you don't owe any money. I hope this helps put your mind at rest.
    Marcelabayres said:
     I asked a MR and they contradict themselves "I am satisfied although the changes made to your entitlement on 22/09/2021, were correct, the overpayment decision made on 22/09/2021, was incorrect. My revised decision is that you have not been overpaid, as the housing costs element was incorrectly paid to your previous landlord."



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  • Marcelabayres
    Marcelabayres Member Posts: 8 Listener
    edited November 2021
    OMG!!! Thank you,poppy again!!!! I thought I didn't get it correctly.
    But the problem is that at the beginning of the MR they say
    "Dear Marcela [removed by moderator - surname] On 22 September 2021 you asked us to look again at the decision we made on 22 September 2021 about your Universal Credit. We have looked at the evidence used to make the decision and any new information you may have given us. We have decided we cannot change our original decision."
    Can you understand it?
    I have to appeal, right?
    Please, give me a hand to understand,poppy!!!!

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  • poppy123456
    poppy123456 Member Posts: 28,416 Disability Gamechanger
    edited November 2021
    This here
    Marcelabayres said:
     We have decided we cannot change our original decision."

    Is different to what you said here. Therefore it's not clear to me.
    Marcelabayres said:
    "I am satisfied although the changes made to your entitlement on 22/09/2021, were correct, the overpayment decision made on 22/09/2021, was incorrect. My revised decision is that you have not been overpaid, as the housing costs element was incorrectly paid to your previous landlord."
    I am not English native speaker and I need help.


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  • poppy123456
    poppy123456 Member Posts: 28,416 Disability Gamechanger
    I think you need to get some expert advice. Start here for this. https://advicelocal.uk/

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  • Tori_Scope
    Tori_Scope Posts: 8,170

    Scope community team
    Welcome to the community @Marcelabayres :) I'm sorry to hear about all the stress you've been experiencing with your UC payments.

    It does sound as though you could do with getting some expert advice on this, as it can often be easier to explain things one to one to an expert who can look through your case in full. You should be able to get some advice for free, so please do take a look on advicelocal.uk to see what's available in your area.

    Also, just to let you know, I've removed what seemed to be your surname from your comment. We don't allow personal details such as full names to be posted onto the community, as is outlined in our house rules.
    Online Community Coordinator, she/her

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  • Marcelabayres
    Marcelabayres Member Posts: 8 Listener
    Thank you again, poppy!!! I gave the letter to another English native speaker and he was confused too.
    So, I am going to make the appeal and leave the judge take a decision. These people are crazy!
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  • Marcelabayres
    Marcelabayres Member Posts: 8 Listener
    Thank you, Tori!!!! I'm sorry about my name in the post. I didn't realized.
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  • poppy123456
    poppy123456 Member Posts: 28,416 Disability Gamechanger
    Did the person you spoke to have benefits knowledge? There's very little point in taking it to a Tribunal if there's no reason to.
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  • Marcelabayres
    Marcelabayres Member Posts: 8 Listener
    He is English,so he knows like everybody, I mean, he's not an expert. But it was good to check with him and with you, because both of you were confused about that letter.
    Thank you,poppy, for being there for me!
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  • mikehughescq
    mikehughescq Posts: 8,845 Connected
    I think we can simplify this. 

    If you have been overpaid then all UC overpayments are recoverable no matter what caused them. So, there is no point in appealing. Instead you can request that they use their discretion to not recover. 

    If you have not been overpaid then the matter is at an end. 

    Either way, an appeal serves no purpose.
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