Jump to content


  • Tweets

  • Posts

    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Benefit fraud PROSECUTION. IUC?? Please HELP and reply :-(


dd101
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4180 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I want to DELETE my other post but do not know how to do it so sorry for posting this again but I wanted to change title and make clearer.

 

I am being investigated for benefit fraud. At this point, i am not sure what claims/ addresses they suspect or if they suspect all but I stupidly attended an interview under caution because the only offence I had knowingly committed was not changing my claim in time, that lead to 3 weeks overpayment, I admitted it and then got invited to interview. When I got to the interview I was interviewed for 2 and a half hours about ALL claims, the past 4 years of my life from age 16 to 19 and now, although I have not claimed for 6 months,now 20 years old.

 

Address 1: 16 years old. They say I could only have claimed if I was a care leaver, I was not, never claimed I was. Claim was initatlly refused due to age, boss who was also the landlord said he would look into it, then two weeks later got a letter saying it had been awarded based on new information. I asked my boss what information he provided, I had NOTHING to do with it and NO knowledge he was submitting info. He claimed he just wrote to them saying we was in areas etc. It comes to light now that he must have said I had come from care, as this would have been the only reason they would have awarded it.

 

Address 2: Lost job with first landlord, who was my boss. Guy who worked with this boss said to contact his Mother and ask to rent a room at her house as she used to rent to students. I had become depressed and quite mentally ill, self harming etc and I explained to the landlady I needed to claim HB. She said it was fine. During my time here, aged 16 and 10 months of age until 17 and 9 months of age, there was a fire that meant it was not safe for my landlords to live in and insurance put them in a hotel but would not house me. I stayed at the house during this time, investigator has flagged this up saying I couldn't have lived there. The difference is, is that the house was uninhabitable while work was going on for two people aged 73 and 74, one who had breathing problems from Asbestos. The kitchen was destroyed but I could still use a bedroom and bathroom, I pretty much didn't eat and when I did it was chips or toast etc. I stayed with friends when plumbing was done upstairs etc. I did not inform them of the fre, to be honest it NEVER crossed my mind.

 

Address 3: Moved to a room, found add on gumtree. Turns out landlord was a sub-letter and not landlord, who had a criminal record for fraud (investigator told me about fraud, I found out about him not being landlord) One Day fake landlord tells us to get out, we say no we have a tenancy, he explains it doesn't mean anything, hes not the landlord etc. I left the next Day but carried on claiming for 3 weeks until the landlord got post for me and phoned benefits department, I admitted this before and during interview and offered to pay back etc.

 

The son of Address 2, I started a relationship with during my time at address 3. He lived abroad during the time I rented a room at his parents and he would visit and stay in his own room. We become best friends and got very close but couldn't have a relationship and I was mentally unwell. Then we began a relationship some time after I moved out and he moved back to the UK.

 

BEING ACCUSED OF (Contradicting by the way)

 

Address 1: Not sure but they are suspicious of the fact I was not a care leaver. With all the new info I suspect my landlord lied to get them to change the claim decision from rejected to awarded by telling them I had come from care.

 

Address 2: Sharing a room with the son, being in a relationship and therefore not being entitled to claim when I lived there as it is his family. NOT TRUE.

 

Not living at the property during the fire, I suppose partly true and I shouldn't have stayed there due to the state of the house but I did.

 

Address 2 and 3: Of knowing my landlord at address 3, whilst living at address 2 who aided me in committing fraud on a larger scale (her own words I have no idea what evidence is on this).

 

Address 3: Continuing to claim fraudulently with the help of landlord at address 3. I suspect this is due to his history of fraud and they have put 2 and 2 together and made 11!

 

Contradicting accusations:

 

Address 2: Was in a relationship with son of landlord but he wasn't living there but because he was my boyfriend he paid the rent to his parents for me OR convinced his parents not to charge me.

 

Address 3: Having my partner (who at this point WAS my partner) paying my rent for me and me pocketing the benefit. Despite me telling them he was on a £600 a month wage.

 

I really would appreciate your advice in terms of;

 

IF I am guilty of some fraud, will me age of 16 and 17 make it harder to prosecute

 

Are other advice on the issues above. Cannot sleep or eat properly, having panic attacks and so on.

 

THANK YOU.

Link to post
Share on other sites

Hello there.

 

Do you mean your first thread or the second one that you want to delete please?

 

I'm sure people will reply to you, but not everyone here knows about benefit fraud prosecutions, including myself. Please bear with us.

 

Have you spoken to the CAB?

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hello there.

 

Do you mean your first thread or the second one that you want to delete please?

 

I'm sure people will reply to you, but not everyone here knows about benefit fraud prosecutions, including myself. Please bear with us.

 

Have you spoken to the CAB?

 

My best, HB

 

Hi,

 

I would like to delete both others really as I made mistakes. Sorry, new here.

 

I called turn2us and they put me in touch with a solicitor. The solicitor referred me to another solicitor within the same firm but different department. I was promised a call within 48 hours, which would have been not last Friday but the Friday before. I have chased them up twice and she has re-sent the referral for the attention of two different solicitors (she done this Friday) so I am still waiting for a response. It is really effecting me not even being able to speak with a solicitor.

Link to post
Share on other sites

Yes the council could look to take this forward legally, as 16/17 years old makes no difference. It would be up to the CPS as to whether they would prosecute based on the evidence supplied.

 

I would suggest that you see a local solicitor, if you are being threatened with prosecution to see if you can avoid this.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Hi, thanks,

 

Well they have not told me they will seek prosecution but the investigator disclosed this to my ex-landlord, she told him she will be seeking prosecution, I do not even fully understand what I am accused of yet! I am not sure she knows either. All I have been told is that I will be called for another interview at some point as she is currently digging into my 4 years of bank accounts, all addresses, my police records about the fire (I had to be arrested for it because at the time the owners were abroad and the police could not contact them to confirm who I was and that I had a right to be there etc). Problem with that, is that the owners did not know I was staying there while they were gone. There idiot of a son was not happy about a lodger staying there without them, even though it was my home and he kicked up a big fuss, so I offered to stay with a friend for the week they was gone. The friend let me down so after two nights I went back and stayed at the house. I was worried that I would be held responsible, so I did not tell the police I was living there, I told them I was living at my Mums address and this is were I was bailed to. My bail conditions also stated I was not allowed on the road of the property. Once the family cleared my name, I was still on bail and only got cleared once forensics came back that proved I had nothing to do with it. So, basically by looking at police records, it can prove I was living somewhere else, although I wasn't, I just didn't want the police to tell the owners I had been staying there. My solicitor at the time I was arrested said that if I explained I lived there but not for that week because the son did not trust me alone in the house, it would raise suspicions and so it was best that I just gave my Mums address for the purpose of the police interview, so I did.

 

I am still waiting to hear back from my solicitor, they referred me to someone else and now I have been waiting two weeks for a response.

 

If it goes to crown court, I would be shocked if a jury prosecuted someone for something they unknowingly did wrong when they was 16 and 17 years old with no family support and mental health problems, I am more concerned about a magistrate to be honest! If I get a criminal record I will not be able to continue running my business or go to university next year as I had planned and this really upsets me. I find it really scary that you can be prosecuted for such mistakes. I really feel like at 16 I should have been given more advice and support about clamming benefits, considering the punishments are so severe, if you do make a mistake. 16 and 17 year olds are generally not wise enough to understand the responsibities of claiming and I did not understand why I could and couldn't do.

 

Anyone else in a similar position or have been?

Link to post
Share on other sites

Hi, thanks,

 

Well they have not told me they will seek prosecution but the investigator disclosed this to my ex-landlord, she told him she will be seeking prosecution, I do not even fully understand what I am accused of yet! I am not sure she knows either. All I have been told is that I will be called for another interview at some point as she is currently digging into my 4 years of bank accounts, all addresses, my police records about the fire (I had to be arrested for it because at the time the owners were abroad and the police could not contact them to confirm who I was and that I had a right to be there etc). Problem with that, is that the owners did not know I was staying there while they were gone. There idiot of a son was not happy about a lodger staying there without them, even though it was my home and he kicked up a big fuss, so I offered to stay with a friend for the week they was gone. The friend let me down so after two nights I went back and stayed at the house. I was worried that I would be held responsible, so I did not tell the police I was living there, I told them I was living at my Mums address and this is were I was bailed to. My bail conditions also stated I was not allowed on the road of the property. Once the family cleared my name, I was still on bail and only got cleared once forensics came back that proved I had nothing to do with it. So, basically by looking at police records, it can prove I was living somewhere else, although I wasn't, I just didn't want the police to tell the owners I had been staying there. My solicitor at the time I was arrested said that if I explained I lived there but not for that week because the son did not trust me alone in the house, it would raise suspicions and so it was best that I just gave my Mums address for the purpose of the police interview, so I did.

 

I am still waiting to hear back from my solicitor, they referred me to someone else and now I have been waiting two weeks for a response.

 

If it goes to crown court, I would be shocked if a jury prosecuted someone for something they unknowingly did wrong when they was 16 and 17 years old with no family support and mental health problems, I am more concerned about a magistrate to be honest! If I get a criminal record I will not be able to continue running my business or go to university next year as I had planned and this really upsets me. I find it really scary that you can be prosecuted for such mistakes. I really feel like at 16 I should have been given more advice and support about clamming benefits, considering the punishments are so severe, if you do make a mistake. 16 and 17 year olds are generally not wise enough to understand the responsibities of claiming and I did not understand why I could and couldn't do.

 

Anyone else in a similar position or have been?

 

I agree & I find it quite disturbing that they are going to such extreme measures these days to claw back money. This country is just getting worse & worse. I was 40 when they stitched me up & I was nieve enough to not realise it then, what chance does a teenager have of understanding the complex way that benefits work, you just wanted a roof over your head.

Hope you can find a benefit solicitor that will fight your corner for you.

My children are 17 & 15 & wouldn't even be savvy enough to catch a bus on their own at the moment, yes, I have spoilt them with a car. There is no way at all they would know what to do with benefits.

Link to post
Share on other sites

Slightly disagree. Yes the workings of the DWP are complicated, but you just answer the questions they ask by giving accurate information and they tell you what your entitlements are. If there is anything which you are not sure of, then you ask the question or make DWP aware of, so at least they can't say that you did not mention it later.

 

In this situation of being accussed of claiming benefits not entitled to, then I would suggest that people visit their local Citizens Advice Bureau ASAP or to call them to book an urgent appointment. They may have solicitors or advisors that can help in this situation.

 

http://www.citizensadvice.org.uk/index/getadvice.htm

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...