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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Help for Father in Law


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Hi all, first post so apologies if i have posted on the wrong forum!

 

I am here to ask for adivce for my Father in Law, he is saying that he owes the council £50,000 in benefits that he wasnt entitled to ( it is a very long story) basically, he bought a house when his mother died 11 yrs ago, rented it out but didnt tell the council ( he lives in council accomodation and receives various benfits)

He is now saying the council have found out about this, but i am not sure, ( i personally think he has run up debt on credit cards / bank loans etc, but it is easier to tell us the council have found out about his [problem]) he is saying that he has attended an interview, and it is "in the hands of auditors" would this be the chain of events?

 

my wife and i have advised him to seek legal advice ASAP ( this was in May) and advised him to move into his own property as it is unlikey that the Council would kick him out onto the streets, , but he is adament that selling his only asset will be enough to get the DWP of his back, from my understanding they can fine and impose prison sentances on benefit cheats, even if they pay back the money owed?

 

Any advice would be greatly appreciated

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I think your suggestion to seek legal advice is correct, this is, potentially a bad situation.

 

If he has attended an interview, this is normally under caution, and could indeed lead to prosecution.

 

I think that maybe this thread should be on a more helpful forum so I have asked a member of the site team to move it for you.

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Hi Neil

 

I have moved your thread here to the beneifts forum

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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If the situation is as he has described it to you (that is, that he has fraudulently claimed £50,000 in Housing Benefit or other benefits) then he really must seek legal help as you have advised. This is potentially very serious. It would actually be better if he *has* simply run up consumer debt on credit cards/loans and doesn't want to tell you - he couldn't be criminally prosecuted for that.

 

But if it's the council or DWP and he's claimed benefits of £50,000 without telling them about a material fact (he owned a house) that would have affected his entitlement, he can, and almost certainly will for that amount, be prosecuted.

 

As mentioned by Harassed Senior, an Interview Under Caution is the usual first stage. "Under caution" basically means he would have been warned with the "you do not have to say anything..." stuff; that is, formally notified that they are in the process of gathering evidence that could be used to incriminate him in a court of law.

 

The council will use the information gathered there to determine whether or not to proceed to prosecution. In the "hands of the auditors" would be the council's legal section deciding how to proceed. If he's telling you the real facts, he's in trouble. And you're right - merely repaying the money may not be enough to stop criminal proceedings. The same basic procedure would apply if the DWP was investigating a fraud. And I imagine they (that is, the council and DWP) would collaborate if appropriate, sharing information and so on.

 

I don't know enough to say whether living in his house would be helpful or not.

 

Now I stress that I am not a lawyer, nor an expert in this field. But I strongly suggest (again) that he must seek legal advice as soon as possible.

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Apart from seeking Legal Help which is obvious I believe you should get the truth from your father in law before you go any further to help him example ask him if the council has sent him a letter stating about the frauding I doubt the council would have ring him up before you go for Legal Aid you have to make sure you have everything in order the Legal Aid advisor would want every documents that are needed and what he's been up to so perhaps sort out everything within the family then take the next step to get advice from Legal Aid.

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last week there was a BBC program on a little old lady of 80 years that did exactly the same thing. She got a substantial fine to be paid in 28 days or jail. She paid the £70000 plus cost up front.

 

How ridiculous the more money people have the worst they get. I am glad she's got found out.

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