CD wanted: Posting is not same as LA receipt

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  • #31884

    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.


    you could have a look at ch/1362/2003

    Kevin D

    [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]

    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]

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


    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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