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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Burden of proof in estate recovery

Gareth Morgan
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CEO, Ferret, Cardiff

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Total Posts: 2004

Joined: 16 June 2010

I have a friend with a £15,000 op demand for his late mums estate.  She went into care and he’s pretty sure he told the department (he was appointee).  They have no recordings of calls but say he didn’t inform them.  What are his chances at appeal?

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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Could he provide proof he called? Phone bill/statement?

Gareth Morgan
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CEO, Ferret, Cardiff

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Total Posts: 2004

Joined: 16 June 2010

He’s looking thorough records, but has found a letter to the AA department asking, rather hopelessly, for an increase in the level of AA as his mother has entered a care home.

This is useful but is it going to count as disclosure to PC?

Gareth Morgan
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CEO, Ferret, Cardiff

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Total Posts: 2004

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As an update, we won.  However the judge did say that although he was persuaded by my ‘interesting’ argument he rather thought the department might appeal.

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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Total Posts: 239

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Brill :) Fingers crossed they don’t.

Gareth Morgan
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CEO, Ferret, Cardiff

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Total Posts: 2004

Joined: 16 June 2010

They"ve decided not to appeal. Good news in most ways but it might have been a useful precedent