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whiteadder

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  1. Just recieved a call from the HA who have been in touch with the family and they have confirmed that they gave permission. So I will be putting in a challenge to this this week and I don't forsee any problems there.
  2. It's basically something that will hang over me for two years, and if I happen to charged again in that time it will count against me. As you say it will be viewed as an admission of guilt. My experience with the courts last time is they are not interested in facts or truth, only ticking boxes. And I swear to god if the people in this sodding town keep on testing me then the potential to get arrested again is a possibility. I should have moved at the start of the year when I had the chance, but too many uncertainties and then a full scale global crisis. I'm fairly sure the family will respond to the HA with the right information and that will be fed to the police and then it's just a matter of challening it and waiting. I don't know about E&W but in Scotland the fiscals have been told not to bother with less serious offences due the current impetus on social distancing, so that's going to work in my favour too. The only thing is the family might say they "meant just the huts and garden equipment. Didn't say anything about the stones" in which case I have to argue that property is property and "stuff that belonged to" the old guy who lived there included the stones. I know, because I was there last year when he had them laid. Hopefully when questionned specifically on the stones, and in light of this they'll say no problem. I doubt very much they give a toss either way, and they seemed like nice folk when I spoke to them when they were here (they offered me things from the kitchen that time). I also only technically moved them from one HA property to another and wasn't necessarilly claiming ownership of them. When I leave they will be left at this house. This house, or the one next door what difference does it make! I've only taken them and improved access to the back of my house so now both houses have decent access to the back. I did a good thing, for me and for the garden that's part of this house that I'm renting. I've worked my absolute balls of making this a really nice garden, and the HA staff member who called me was the same guy who was out next door yesterday and he has seen the work I've done and complimented me it. I'll try and get a hold of a lawyer maybe towards the end of the week if no progress is being made. I'm sure they all must be desperate for something to do these days so shouldn't be too hard to get a hold of one.
  3. I'm amazed they have the time for this nonsense too, and why are they sending police round to my door over this during a pandemic. I didn't accept the warning so much really, but perhaps in the eye of the law I did. I thought I was going to be arrested and charged automatically if I didn't, so it felt like I was being coerced into not challenging it. They asked me to sign a digital hand held machine and I declined on grounds of social distancing and they copper said he would just put a dot there instead. They told me I had 28 days to challenge it, so I don't view this as an admission of guilt at all. But the law might see it differently. If the HA had done their job and contacted the woman across the road to corroborate my story and fed that back to the police then the police probably would have taken no further action. So I have complained about that and today someone from the HA called me to say they are are trying on my behalf to get in touch with the family. ericsbrother, are you saying I should prepare myself for an arrest and a search warrant? Is this going to just cause more trouble than it's worth.
  4. Finally got through to someone in the housing association who is willing to help with the matter and they are trying to get a hold of the family. They previously said they didn't have their number. So just a matter of waiting. I'm sure this will work and I feel more positive about it now.
  5. Thanks Man In The Middle. That's ultimately what I was going on as well. I was thinking, if I can't get a hold of the family or get the housing association to contact the police and say they are happy with things, that I'd ask my neighbour to provide the police with a statement prior to a challenge. I'm just terrified of ending up back in court again, it's not a nice experience. And it will be a hassle and costly for me to get there, if the PF decide to prosecute. I suspect the police are just chancing their luck at me buckling and taking the warning, because basically they've got nothing on me. I reckon, as a result of my previous they might want this hanging over me in case I get charged again with something and they can more easily get a conviction
  6. Scotland. Should have mentioned that, sorry.
  7. Long story short. Old guy next door to me died. Family in clearing the house say help yourself to things from the garden that belonged to him. I take a few things including a set of stones he laid last year for my garden. Neighbour on the other side reports me to the police for theft. There is an investigation involving questionning me and the housing association (both houses were HA) and a few days ago the police turn up to my door and issue me with a warning, based on "substantial evidence"! I initially thought that if I rejected the warning I was going to automatically get arrested and charged and have to go to court again! But that's not how it works. If they had evidence they'd surely have just charged me? So I have 23 days left to challenge it, in which case it's handed over to the PF to make a decision on whether to press charges. At this current time I would imagine they are not going to due to the virus, but I'm not sure where I stand and wondering if it's worth the risk. I haven't done anything wrong. Woman across the road told me the family had said to take things from the garden that belonged to the old guy, and the stones were his property. So I had permission. Problem is getting a hold of the family who live down south. Woman across the road is waiting to hear back from them to arrange a time to collect some stuff she is keeping for them and has lost her number. So proving my side of the story might be problematic. I also spoke to the family when there were here and they asked me if I wanted anything from the kitchen. If I challenge this and it goes to court, surely the burden of proof is on the prosectution? They have to be able to prove I nicked them, right? If the family aren't there to back up my side of the story then they are also not there to say I stole them. Trouble is once the keys are handed over everything then becomes the property of the housing association. I'm not getting much help from them and they say they don't get involved, but they are involved. I have put in a formal complaint to them about this anyway. At the end of the day all I have ultimately done is moved stones from one property belonging to them to another (the one I live in) and I'm not going to be taking them when I leave. The laying of the stones has made a greater improvement to my garden in terms of access, compared with the difference to other garden which is minimal. Anyone got any advice? Other than just take it on the chin, it's just a warning. If I end up in court again then this will count against me, and I want my name cleared out of principle.
  8. Great thanks! I'm not sure I follow what you mean in the last paragraph but in any case it sounds like I can indeed claim UC. The finance teams didn't seem to know for sure. I'm awaiting a call back from them this week. As for accounts, I've keept a spreadsheet of all my sales and expenses, done my tax returns every year and all that and it all shows a net loss each year. There aren't many receipts and invoices but I have kept them all, and as for contracts I can print off verbal contracts from email. I don't know if I filled my tax returns in right, but the HMRC didn't contact me about anything to question it. I think I answered the questions right. Do I need everything going back to the date I started? I don't actually have a spreadhseet for the first year, and I don't think I actually sold anything until year 2. I had a lot of my time wasted in the first year by some clown who was purportedly starting a new newspaper (in the wake of indyref) but it all went down the pan. It's a long story but I did lots of work in the first year providing content in the form of cryptic crosswords and one article in good faith, on the promise of getting paid for it once the paper was in publication. Time wasted that I could have spent on other more gainful applications. I'm slightly worried they might turn round an accuse me of not actually working self-employed during this time, but not greatly. The fact of the matter is I have been working, and I've got plenty to support that. I just entered into all this not really knowing how to run a business. I was actually put forward by the job centre to start some scheme for 3 months where I claimed JSA and had a business mentor showing me the ropes. But on the day I was supposed to sign the paperwork for this my advisor decided to sanction me instead! They basically stitched me up to get me knocked off benefits. So I went down to my local GP and begged for a doctor's note and moved onto ESA, and when I inevitably got kicked off that I started self-employed and went on to claim WTC. If they had just let me go on to this scheme I would have known better from the start about all the ins and outs of running a business. It was their suggestion in the first place to go on to it! But my advisor, he wasn't one of the good ones. Targets to meet and all that.
  9. I've been trying to make a go as self-employed for the past 5 and a half years, unsuccesfully albiet and living off Working Tax Credits and claiming Housing benefit. I am being considered for a house in a different area, but the advice from the financial teams in both housing associations is that I might not be able to claim UC because I've been self-employed (working more than 35 hours per week) for more than 5 years. I'm still trying to build on things, and I'm starting to make progress but I'm not expecting to be bringing in enough sales to be self-sufficient (although it would be nice). I've had a few set backs, companies not honouring verbal agreements etc and losing work. My plan is to find a part time job, maybe 20 hours per week and use the rest of my time to work on my business and use both incomes to supplement each other. In order to make the move first of all I need to transfer my claim over and then start looking for work. I have already started looking, but I need time to move also and the type of jobs I'm looking for tend to favour those who are already living in the area and can start immediately. There are a number of reasons why I want to move, but one of them is that transport links when I currently reside are not sufficient for me to find employment in the local area. Where I am moving to solves that problem. I initially decided to try and become self-employed after suffering several years of health problems brought on by sleep depravation or possibly an undiagnosed condition like ME. The brutal regime of benefits sanctions left me with no choice, but regardless of that my self-employed venture has grown into something that will provide some income for years to come and will continue to grow. Having the option to work my own hours is a tremendous help to me, and I'd like to get a job with a steady income again but on a part time basis (to start with anyway). What can I do though if I am denied benefits I need to get me to that place? Can anyone shed some light on this situation as to whether or not I will qualify, and if not what can I do about it? And then of course, as I am potentially forced to move onto UC we could end up with a new government that is going to just scrap it!
  10. I was waiting for the letter but wasn't sure when it would arrive because in previous years I've just ignored the letters and left them unopened. I am going to deal with this, but let's just say I'm get tired of being sent threatening letters for payment of something before I even get a flipping chance to pay it, and wish to stand up to the establishment in whatever small way I can.
  11. Received a demand notice for council tax today, demanding some payment by Monday!!! or I will lose my right to pay in installments etc... I am dealing with arrears and was awaiting a bill from the council regarding this years council tax so I could renogotiate with the debt collectors. But I didn't receive anything! So I managed to speak to someone today by phone and email and they are both say they wont accept my offer of a 12 month payment structure UNLESS I SET UP A Direct Debit. I'm (probably) going to set that up next week and (probably) going to pay them an installment this weekend, however I would like to know what rights I have with regards to this; if there are any possible laws I could pull out of somewhere that I could potentially use to write off my debt to the council for this year on grounds of something? I have told them by email they are in no position to demand anything from me at this point, because I never received any letter asking for payment in the first instance (which I would assume legally negates any power they can exercise through the current final demand letter they just sent me). I told them either accept my offer (pending any further arrangment for payment) or I will assume that I owe them nothing for this year. I can't prove I didn'r receive the letter though, but I honestly didn't. They can't prove I did receive it either. So my question is (pending any further payments and negotiations) is there a nice little legal loophole I can use to get out of paying council tax for this year on the above grounds? I guess not (probably) but worth a punt anyway.
  12. Thankyou Captain Obvious, I am well aware of this. However, unless I have the money to pay the charges in the first place then I'm not really in a position to claim anything back. Perhaps it's better if I challenge the system on all the above grounds I have highlighted instead. I am still waiting a response from the dental practise or the NHS about my advice to them to claim the costs back from the practise for substandard treatment.
  13. Well after a number of emails back and forth complaining I just recieved a reply from someone informing me that they are removing the penalty charge at least, but I still have to pay the dental charges (which I am disputing with the practise on grounds of poor treatment) and they have given me 90 days to settle the balance. So some progress..
  14. I have been on working tax credits for 4 years and I had a check up shortly after I started recieving WTC (I think) and they accepted my exemption then and i didn't receive anything after that so I assumed I was still exempt. But check ups are free! I was therefore unaware that I had to apply for an HC2 and assumed any treatment I got would be exempt. So no, I have never had an HC2. I have until monday to pay or there will be more charges, so I've emailed them again with the HC2 certificate (that they just sent me) and asked them to waive the charges. I am also in the middle of writing a letter of complaint to the dental practise, and informing them that I will not be paying for this treatment and asking them to write to the NHS to ask them to stop sending me threatening letters. Unless anyone has any other adivce, that's what I'm currently doing...
  15. eiDear CAG, Can you please advise me on how to deal with a dental penatly charge I recieved? The usual story: I thought I was exempt but I wasn't. It turns out exemption upon recipiency of working tax credits is only automatic if one is also in receipt of child tax credits or a disability allowance. Instead I have to apply for an HC2 certificate, which has arrived today and it turns out I'm fully exempt from all NHS treatment after all. Nonetheless, I now have a £60 dental charge and a £100 penalty to deal with! I have written to them and told them where they can shove it, and reminded them that extortion is a criminal offence. I don't know if I have a legal leg to stand on with that, but it's how I view this and a complaint to the relevant ombudsman will be placed. I can understand that if I don't know how the system works and I claim something on the NHS in error, without reading the small print etc. etc. then I've made a mistake and should be billed for the treatment. However: - I wasn't even given ONE chance to correct the error and pay the charges - the emergency treatment I recieved was lousy and I am considering filing a complaint in writing to the dental practise. I am booked in for further treatment at my regular dentist now, who are amazing. How do I deal with the previous charges then? Do I have to pay them and then claim them back? I am NOT paying the £100 penalty charge! Can I write to the NHS department and ask that they just waive all charges now that I have a form for exemption? or, Can I challenge the dental charges on grounds that I don't think the service I recieved was up to acceptable standard? How should I proceed? A straightforward situation where I thought I was exempt, should have been exempt, was exempt but a load of red tape and hoops to jump through nonetheless. Ridiculous...
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