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    • Unsure what would be classed as appeal I first contacted the applicant then IAS. I am not aware I could appeal again as Bank state I was informed that is news to me. I would have to look through the paper work, I apologise I forget so much due to my caring duties wish I had quality time to get so much done. Will try and look tomorrow, appreciate everyone's time and input.
    • Regular savings accounts are accounts designed for savers who put money aside every month and reward them with a generous interest rate.View the full article
    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
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court summons for benefit fraud. please help.


mollymae
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hi i am new here so please bare with me, i had an iuc for hb and ctb fraud i had done some work for a friend for a few months but didnt inform anyone as it wasnt a regular thing just now and then, i fully take responsibility for that but i also didnt tell them about me hubby having a pay rise but due to circomstances have twins, depression it was overlooked, the pay rise was a couple of pounds not really enough to notice. i admitted to allthis at my interview and have come to an agreement with the council to pay it back but today i received a summons for court, can someone pleas tell me what to expect, i,m so scared i admit i,ve done wrong but dont wanna go to jail. since my interveiw i,ve started work and told them evevry little change in circumstances i lernt my lesson. someone please help. i only got the letter today and due in court on tuesday.

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Hi ya , nobodys here to judge you :) There are quite a few other threads regarding this kind of thing, have you read them? I cant offer you anything helpful other than moral support but someone will come along soon that is good with this kind of problem. I know I always say it but im gonna say it again anyway the not knowing is the worse and even mokeys fall of trees :)

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but i,m already paying the council back now, i,m really worried what do u think the worst thing will be, will it be in the papers. i know i done wrong but dont wanna go jail or do community service i have three young children. i,m sorry to keep on.

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If you already have an arrangement to pay it back and haven't missed any payments, that should go in your favour. I don't want to understate the seriousness of it and the papers do get access to report if they so wish.

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no ive never missed a payment i still get hb and they take it straight out of it before i get it. i,m just unsure why its gone to court when i goy a caution at my interveiw and repaying it back, so do u think it,ll be a case of failing to tell them. sorry just wanna get it right in my head.

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An amount of around £4,000 will stay in the magistrates court.

There will be anything up to 3 magistrates sat at court. If there is only one person this is a district judge but he will have no greater powers than the magistrates.

 

The details of the charges against you will be read out by the clerk of the court and you will asked to say guilty or not guilty.

 

The details of the case will then be read out by the council solicitor and then your solicitor (you can get the duty solicitor on the day if you want) will tell the court of any mitigating circumstances, ie your depression, that you admitted it all at the interview, that you are paying it back etc.

 

If you plead guilty any sentence will be reduced by up to a third.

 

It can only go in your favour that you are repaying the overpayment.

 

Good luck

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For D Rogers - its not odd at all, any overpayment of benefit would need to be paid back. The investigators are right to explain that this would happen.

The criminal offence then has to be dealt with by means of a caution, administrative penalty or a summons to court.

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hi i had an iuc and told them i was guilty, i then agreed to pay back which i have been for past 5 months but now i have a summons too not sure why as ,m already paying it back. please help

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hi yes i admitted guilt there and then, had to bring in proof.thought as i was paying it back that would be it, no they didnt say i would be going to court. just so scared for my kids what type of things can they do i.e prison, fine plese help.

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There are quite a few other threads regarding this kind of thing, have you read them?

 

You can search for these similar threads by clicking on 'Search' on the blue bar, then 'Advanced Search'. Then in 'Search by Key Word' type 'fraud' and under 'Search in Forums' highlight 'Benefits, Tax Credits [etc]'.

 

Finally, click 'Search Now'. This narrows you to 9 pages of threads and you can pick the most promising ones from there.

 

There is bound to be useful information for you in some of the threads.

 

Magistrates' Courts

 

I've recently visited our local magistrates' court a few times to help a friend. I know that the magistrates respond well to honest testimony and are reasonable and sympathetic people.

 

Make sure that your solicitor knows about your admission of guilt, children, depression and any other mitigating factors.

 

It is highly unlikely that you will be given a custodial sentence.

 

Newspapers

 

Local papers don't often cover the magistrates' courts. To them, a case such as your of admitted benefit fraud would be of little interest and the odds they would report it are very slim.

 

* * *

 

I know you are thinking the worst, but I'm sure things will go well for you in court and the magistrates be lenient. Good luck for Tuesday.

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thank you so much for your replys, i didnt sleep a wink last night , i,ve gotta ring the solicitors for council today to tell them what i plead dont know why. so do u think i,ll def get hel from a solicitor there as i dont have one.

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hi molly, as been said before no one is here to apportion blame just help, first question do you have a solicitor? sorry ive just seen your thread but this should of been first thing you done, doin a bad thing doesnt make you a bad person and magistrates will understand that, and will also be lenient as you admitted guilt at the first interview and been repaying since. its not too late if you dont have a sol but its always easier to use one, and let them know the facts before court so they can defend you, i cant see this being a custodial sentance but the amount is quite high that you claimed so must of beenover a period of time, i would think your looking at a fine and suspened sentance, good luck let us know how you get on .

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hi thank you tigga, the amount is high because i didnt tell them about a pay rise my hubby had just after my twins were born they are now two and half but the amount of increase wasnt even enough to notice. i,m just so scared. i rang there solicitors today told them i,m pleading guilty. my hubby says that i will be asked tomorrow if i want the duty solicitor which i guess i should say yes.

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Yes you should ask for the duty solicitor. You probably wont get a lot of time with them but whoever they are they are experienced in talking to the magistrates and putting your point of view forward.

If you dont have the duty solicitor you might be asked to speak to the court yourself and if your anything like me you might not be able to get the words out properly.

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no i,m not very good at putiing my point across, so i,ll say yes please. i cant beleive i was so stupid in the first place. has anyone else actually been in front of magistrate? what happened what was your result. x

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The important thing will be what your solicitor tells the court. From what you have written, the main points he might cover are:

 

1. You did some occasional work for a friend and made the mistake of not declaring it. Likewise, with your husband's modest pay rise.

2. You admitted your fault at the IUC and apologised.

3. You have already made an agreement with the council to pay the money back.

4. You have been paying it back for the last 5 months.

5. The solicitor might then question why it has been necessary to summons you to court, since you have already made an agreement to repay the money, and have honoured that agreement.

6. You are very sorry for what you have done.

7. You are the mother of three young children, including twins.

8. You have suffered depression and worry over what has happened.

 

If you think these points are helpful then jot them down for the solicitor. He will have his own ideas, of course, and represent your case as he thinks best.

 

Anyhow, good luck in court.

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