CD wanted: Posting is not same as LA receipt

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  • #31884
    David
    Participant

    Does anyone know of a CD where a claimant claims to have posted info to the LA but the LA does not receive it? I have an appeal where I want to establish there is no LA error as in the circumstances of this appeal it may be difficult to establish c;aimant could know of being overpaid.

    #89143
    Nicky
    Participant

    you could have a look at ch/1362/2003

    #89144
    Kevin D
    Participant

    [i:827ee4c938]Levy[/i:827ee4c938] is now the leading case on this kind of issue.

    [b:827ee4c938]Levy v SoS DWP [2006] EWCA Civ 890[/b:827ee4c938]www.bailii.org/ew/cases/EWCA/Civ/2006/890.html

    Also, there may be elements in [i:827ee4c938]Sealy[/i:827ee4c938] that could be relevant

    [b:827ee4c938]Sealy v Consignia plc [2002] EWCA Civ 878[/b:827ee4c938]
    http://www.bailii.org/ew/cases/EWCA/Civ/2002/878.html

    As both are Court of Appeal judgements, they “trump” any conflicting CDs.

    #89145
    David
    Participant

    Thanks for the replies. I think CH/1362/2003 is still relevant as in Levy it was accepted that post was ‘mishandled’ by Royal Mail. I’ll need to show on the balance of probabilities they did in my case.

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