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    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
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      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
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      • 16 replies
yummymummy30

suspicion of benefit fraud as living with partner

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Hi

I need some advice.

I was a single parent with two small children, claiming income support, housing benefit and council tax benefit. My partner moved in before xmas 18.12.08, we intended to inform the authoritative agencies of this once we had got xmas out of the way, unfortunately a couple of days after xmas my dad was rushed into hospital with malaria (cerebral), he was on life support for a month and sadly died in the beginning of february.

 

Since then I have really been so distressed about everything and informing the authorities was the last thing on my mind, just trying to cope with everyday things took so much physical and mental effort. I was on and off anti depressants.

 

Bringing things up to date, I received a letter from the fraud investigation team from the dwp regarding an appointment fo an interview under caution because they had grounds to believe i was commiting a criminal offence i was living with an un-declared partner, have seen a solicitor and taken legal advice who will write to the dwp on my behalf and explain the situation, i have informed the solicitor to be totally honest as i dont want to get into more trouble.

 

We weren't getting working tax credits, we would have got some help with housing benefit and council tax, and as i am severely disabled i would have been given incapacity benefit i had filled this form in but this was received a few days before my dad was rushed into hospital so never got dealt with.

 

Does anybody know what will happen, the amount involved if they take note of wat we should have got is a couple of hundred pounds at most, there was no intent to defraud, although i do admit we should have informed then he had moved in.

 

Please help, i am convinced i will go to prison and they will take my two children into care.

Edited by yummymummy30

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I am not here to judge, so please be aware that my post is based on how the fraud team will look at matters. Be assured, first of all that a court will not likely you to prison for a few hundred pounds. And it is a court who would decide on that, not the fraud department. They will decide whether or not to send the matter to court.

 

No-one can say for sure what will happen, but it can range from anything from a caution, a fine, paying back the money, community service or a prison sentence. Sanctions can also be applied to future benefit claims.

 

From their point of view, it will likely be viewed as an intention to defraud because you never actually informed them of your change of circumstances until you were "caught out". They will be considering whether you actually had any intention of informing them at all, or if you are only admiting to it now because you have been caught. To be fair, your partner moved in in December last year and it is now almost July. That's over 6 months, which is a long time not to declare it.

 

For fraud to perform an interview under caution they must have significant evidence that you were commiting fraud, not mere suspiscion. This can be a variety of types of evidence which can include surviellence.

 

You would not have been given Incapacity Benefit - this benefit ceased to exist for new claimants on 27th October 2008. Whether or not you would have qualified for the replacement benefit ESA would depend on several factors, including an independent report from ATOS. There is no automatic right to disability benefits because you have a disability, each case is decided on the individual circumstances of that case. The fraud team will not look at whether or not you may or may not have been entitled. Many people complain when they apply for something and are refused, by stating that they could have claimed benefits but chose not to, or were too ill to claim and feel they have "saved the government money" and therefore discretion should be applied to them. Unfotunately it doesn't quite work like that. The fraud team's role is to discover and stop fraud and if necessary take further action, they don't consider what you may have been entitled to had you not committed fraud, reported your change of circumstances and claimed the correct benefits.

 

If it's a first offence and a few hundred pounds rather than a few thousand pounds as well as a full admission of what you have done, it is highly unlikely you would be sentenced to prison. What the fraud team will look favourably on is that you have co-operated with them fully and admitted what you have done. You must still attend the interview unless you are told by DWP not to, regardless of your solicitors letter. They are not dealing with your solicitor. Did you sign a DWP mandate for the solicitor to discuss matters with the DWP? They cannot enter into written communication with the solicitor without one. If you are worried about going alone to the interview, you can have a representative with you, and you have a right to this. You also have a right to request a copy of the tape of the interview.


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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Hello, I have just had one of these interviews, they were accusing me of having someone live with me (I am a single parent on IS) which I do not!

 

As you have stated that you are living with someone then my advice to you is definately get a solicitor, They do not care what circumstances you have been through-they just want their money. They will twist words.

 

They asked me leading questions to which I know a solicitor would have butted in on those points- But as I have nothing to hide I answered them.

 

Stay calm and focused (easily said, I know) and answer the questions slowly.

 

Good luck and remember it will all work out ok in the end.

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