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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Interview Under Caution at JCP - advice wanted


FitzWilliam
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There's a simple reason why I didn't declare the bank accounts of the trust: the money in them isn't mine. I no more own the money than the Chancellor of the Exchequer owns the money in the Treasury. I've always declared my own money.

 

The HMRC tax returns all have the name of trust on them as well as my full name and address. I am left to wonder why a HMRC 'computer match' to the accounts with my name and address on them could not also match the HMRC tax returns which also have my name and address on them. That's all computerised as well; in fact, we have made the tax returns online.

 

The fact is, I have no idea how these FIS people go about their research. All I can say is that they acquired partial evidence that gave them a misleading picture of events. They got some information from HMRC computers that aroused their suspicions that the account money was personally mine, but not other information also on HMRC computers that clearly indicates it belongs to a will trust.

 

Now I'm just guessing here - I can't claim expertise - but it looks like these 'computer matches' to HMRC records are a new thing that the FIS people are doing. If so, then they are probably coming up against lots of new and unexpected situations such as people who are trustees of accounts (i.e. don't own the money in them). The main investigator happened to mention another case where someone had said he was a trustee, and I will guess that lots of other trustees are getting needlessly called to these IUC's.

 

Well, there we are. They investigated me after getting records from HMRC computers and I'm defending myself by sending them other information also on HMRC computers.

Edited by FitzWilliam
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  • 2 months later...

I am vindicated 8)

 

This sorry tale has finally reached its conclusion. I have received a letter that reads as follows:

 

Having considered all the facts of your case a decision had been taken not to institute criminal proceedings against you and the investigation is now closed.

 

All that effort to make a case against me to no avail. :violin:

 

The letter is dated 1 April 2011. Yes, and it was a big joke long before April Fools' Day.

 

This is all part of the bigger scandal of incompetence and waste in the DWP. A whole load of public money was squandered on this pointless investigation.

 

The East Hampshire District Council investigated the same matter much more reasonably last year. They rightly gave it a low priority and visited me informally to talk about it. The DWP, however, spent weeks investigating before even talking to me, writing to banks and gathering account details to make a half-baked case against me.

 

The DWP didn't even know that the EHDC had already investigated, only learning about it because I phoned the EHDC who then got in touch with the DWP. So two public bodies were needlessly duplicating work in investigating me.

 

While public money was wasted on this heavy-handed and time-consuming investigation other more needy people were having their DLA and ESA removed.

 

Since January 2008, I have faced an amazing total of eight accusations of criminality, all of them from people working for the DWP. My police record remains clean with no charges, cautions or warnings against me, and no action following this latest FIS investigation.

 

I wonder if anyone other jobseeker can claim such a high number of criminal accusations against him while maintaining an unblemished record. I suspect I may hold the UK record. :madgrin:

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Glad to see you finally put this saga behind you. I'm not sure whether it's just me, but I've seen a steady rise in the number of people suddenly being investigated for benefit fraud. Wonder if it coincides with those people getting sanctioned left right and centre.

Be good to yourself, when nobody else will

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Thanks everyone. :-)

 

I'm not sure whether it's just me, but I've seen a steady rise in the number of people suddenly being investigated for benefit fraud.

 

I suspect that the introduction of the 'computer matches' with HMRC records is partly responsible for the rise in the number of investigations by the FIS. No doubt a few genuine fraudsters are being caught out that way.

 

But innovations like this also bring into play the law of unintended consequences, and the failure of the DWP to recognise that some jobseekers are also trustees with bank accounts that hold other people's money seems to be one of them.

 

If the DWP had handled this more informally - as the EHDC did - they would not have wasted so much time and public money. The heavy hand of bureaucracy was all over this investigation.

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It'll be the NFI that's carried out every two years. There's always a rise when they do an audit.

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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