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    • Thank you to you all, you guys are amazing!! Yes of course i will be making a donation, i am very grateful to you all. Keep up the good work
    • I'm not quite out of the woods yet. The email they sent me also said that I have £290 of arrears and it has been passed onto their collections department. If anything my account should be £10 in credit.  They haven't taken into account the trainers that were returned back in October. The other items have been credited to my account so it looks like I've still got work to do.  They are not very quick to reply to emails, although I've only sent one trying to find more information, and I have no idea what happens next. Half of me want's to get it sorted properly the other half just wants it over with, if that means a default then so be it. 
    • No. It's a public (council maintained) road with some houses in it.   Some other houses back onto it too and those owners have right of way down the road to access the back of their properties.  Theres a few garages with private osp - so one drives out the garage, over the osp, and onto the public side road and then out on to the public main road.  Irrespective of whether the garages are used - the local businesses parking their cars on the private osp are ostensibly preventing cars from accessing the public roads.
    • is the side street solely for access to your garages? who owns the land and thus the road? dx  
    • A local business has been parking on an off-street parking space in front of my garages (in a side street).  I wasn't using them for a while so didnt bother to do anything.  But now a second local business is also using the osp - taking it in turns with the 1st biz.  This has started to nark me.    The employees choose to drive to work.  There is no private parking in their business's street.  But there are some underground secure garages in their street - which cost apx £2.4k/y to rent - which works out apx £6.60/d. (I believe one of the biz owners already rent one for storage purposes).  If the employee had to park on a meter it would cost them £6.60/h - £66 for 10h and have to move every 4h.  They just don't want to pay for parking. I haven't confronted either of them.  Instead I just put 2 clear "no parking" signs in front of the garages. And a note on one of the cars specifically saying that as they don't live or rent in the street and it's private land could they stop parking.   They ignored that.  And just put notes on their dash with a # to call if one needs the car moved.  There is a sign and they've been told in writing to stop parking. And they are just ignoring it.    I don't what a confrontation.    I don't want to go to the expense of bollards (other than maybe traffic plastic ones - but they'll probs just move them).  Council won't do zilch cos it's private land. And police won't get involved - unless I clamp/ tow the cars and then they'd be after me, not the drivers!    What's the best thing to do?
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Benefit fraud


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Hi, I have a friend who has just been given a court date for dishonestly claiming benefits. is there a difference between this and benefit fraud? this has been going on for 18 months and as she has mental health issues has really pushed her close to the edge, she admits she was wrong and is going to plead guilty. she had a letter off the dwp solicitors giving information about fines and how pleading guilty is best thing to do etc. does this mean she is likely to get a fine? does she have to go to court? she has commented that she'd rather die than go. any info much appreciated thx.

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Hi hunni,

I can't give you the help your friend needs but I'm sure others will pop by over the coming days.

To my mind 'dishonestly claiming benefits' would be the same as 'benefit fraud'.

I think your friends mental health condition is important. I appreciate it may be very difficult for her, but it may be much better for her to attend the court so that the magistrates can better see and understand her condition in relation to what has occurred. It may well have mitigating factors.

Best wishes to her.

Rae

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Hi sandygirl

i agree with Kelcou exept for magistrates court, although it is a seems quite a lot more pressure, your friend should elect to be tried in County Court. Magistrates court seem to treat the offence a very heavy hand, were as County Court looks into all mitagating circumstances, HEALTH, how quickly your held your hand up to the offence and the fact your are ( I presume) making good on repayment mis-claim.

keep your friend calm as stress can only make it worse

Your friend should get in touch with a solicitor. I believe they would give you the same advice.

 

best of luck for your friend

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dragonkeeper, interesting post. This is not my forte so I'm not aware of whether you can change courts etc. I will say that I have - over many years lest anyone think me more of a scalliwag than perhaps I am - attended both magistrates courts and county courts. The latter have certainly been more humane. [That said, of course, I guess it may be dependent on the reason]

Perhaps an area to investigate?

Best wishes

Rae

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Your friend MUST attend the hearing and this will be clearly stated on the summons. If they do not a warrant is likely be issued for their arrest. Magistrates courts will refer cases to Crown Court if the seriousness calls for a heavier sentence than they can impose. If your friend pleads not guilty the case will be referred to Crown Court. Be aware that if your friend is then found guilty a Crown court is likely to impose a heavier sentence than magistrates. County courts only deal with civil matters.

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:oops: Sorry sandygirl

 

in my previous I should of said Crown Court as in Animal lover post.

While the magistrates court can deal with your case, you can still elect to have heard in Crown Court. Your solicitor will be the one best suited to imform you as he will have all your relevent facts.

Again sorry for my slip with the wrong court.

Edited by dragonkeeper
incorrect word put in
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No-one can pre determine the punishment a judge will impose. Particularly as there are no details in regard to the case.

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.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Because this is one of the punishments that can be imposed. They may well be considering a fine instead of going to court and be trying to negotiate a plea, in the same way that an advocate can impose a fine (In Scotland known as a "fiscal fine") as a direct alternative to court if a person is prepared to plead guilty to the offence.

 

The income and expenditure form will be so that they can determine and negotiate an acceptable rate to pay a fine if that is the punishment that is imposed.

 

She may also receive a form like this for the purposes of repaying the overpayment which resulted from the fraud. In every case of fraud the money obtained dishonestly had to be repaid; this will be in addition to any other punishment imposed.

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.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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If they are planning offering a fine as an alternative, then they will discuss it with her defence solicitor, and her solicitor will in turn discuss it with her. It is very unusual to do this after a court date is set but it isn't entirely unheard of either. But as I said they may well be just gathering the information so that they negotiate the payments if a fine is imposed.

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.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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you're right about mental pressure, it's been 18 months of nothing and now this, cruel i call it. she co-operated fully and attended interviews even though she needed tranqs to get her there.

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Hi sandygirl

 

Unfortunately it may get a bit more stressful down the line, but you seem to be a good friend to her, just try and keep her calm as there is a light at the end of the tunnel.

as for further advice to save clouding the issue's my thoughts are similar to ErikaPNP (site team), but I'm still here for moral support.

the more she worries the worse it will seem.

Now it's time to think positvely

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Re: please help - interview under caution

http://webcache.googleusercontent.co...&client=safari

 

 

This appears to be an exam for Trainee Local Authority Fraud Investigators in Scotland.

 

I really don't see the point of putting it on here. There's nothing in it you won't be able to look up elsewhere (if you really wanted to know it!), it doesn't give away any secrets/methods & I can't see it helping anyone with their problems, only confusing them further.

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