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    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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In a mess with tax credits, unsure how to proceed


cat1982
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Hi, firstly apologies if I have posted this in the wrong place, 1st time here.

I am looking for some advice as I am in a total mess of a situation and feel unsure what would be the best way to go to correct it all.

Basically, I have claimed my tax credits as single when alot of the time I shouldn't have been doing. I know I have done wrong and feel so ashamed of myself, Im not looking for sympathy as I know I should never have lied. I am so so scared, apart from this I have never done anything wrong in my life, and in all other ways I am a law-abiding person, which doesn't excuse what I have done I know.

I first claimed back in July 07 when my 1st son was 6 months old and I returned to work part time. I was with his father but it was very on/off at the time and it was a huge struggle so I claimed as single as I was desperate to go back to work but couldnt see it being worth it without having a big help with my childcare costs (my sons father refused to help as he didnt really want me to return to my job)

I continued to claim this way, although I regularly asked my partner to let me do it properly and claim as a couple but he always went mad and refused as he had alot of previous debts he didnt want to catch up with him so he has always wanted to keep himself 'hidden'.

We had a 2nd son in June 2010 and shortly before that we moved into a house (the mortgage is in mine and my fathers name) I was on maternity leave from work from the beginning of June 10 until April 11 and was recieving maternity allowence as my hours at work werent enough fot stat maternity pay from my employer.

A couple of months ago I recieved a letter from HM Revenue & Customs entitled "Is your single claim correct?" I believe these are standard letters they sent out to single claiments from what I have read online. I didnt respond to the letter but recieved another about a month ago saying my claim for April 10-April 11 had been selected for review and requesting bank statements, childcare invoices, copy of mortgage, childrens birth certificates etc. Again I didnt immediately respond, but rang tax credits yesterday as I needed to change my employer details, but they said I had to phone the number on the review letter I recieved (Compliance team). I rang them and spoke to a lady who confirmed all I need to send them in order to close the review, she said it was a random check but also and due to the fact that I made alot (there were 5/6 I think) changes to my childcare over the last year (they were due to my eldest leaving his private nursery to attend the school nursery and then costs changing and my 2nd son starting childcare).

I dont think they are 'on to me' properly yet, but I know they will quickly see I have claimed wrongly once I send in the paperwork they require as my partners name is on the birth certificates and our address is down as being the same and all the invoices from my sons old private nursery are addressed to us both at the same address.

I know I deserve to be caught, and in all honesty I actually feel quite relieved at the thought of not having to be dis-honest anymore, as despite how it may seem, it is really not my nature and I have never been happy with doing it but have felt as if it was the only way I could continue to work as it would have been unaffordable otherwise.

I just dont know what to do now though, obviously there is no way they wont notice and I really just want to be honest and face it, but how do I go about it and what is likely to happen to me and my family?

Do I just ring tax credits and say I want to admit to claiming falsely for the last almost 4 yrs? What will happen then if I do? Will I get arrested? Im terrified, I keep thinking Im going to be made an example of due to the fact I live in a nice house (although thats down to my dad buying it an helping out) and be imprisoned and be put in all the papers and I have ruind my childrens lives because everyone will know as we live in a village and people will be cruel to them. I am in an absolute state, feel sick, cant stop crying and havent slept with worry. Will it work in my favour at all if Im admitting it before they discover it at all, or will it be just as bad as they will know I am doing it knowing there is no option not to?

Im so sorry for what Ive done, and always knew this day would come if I didnt stop but it was so hard to see a way through without the extra money to get by.

I am also pregnant again and scared stiff at the thought of being put in prison and having to have my baby in there. I hate myself for bringing this on my kids and feel petrified at thinking I may have to leave them because of what Ive done. I only wanted the best for them and wanted to work part time instead of full so I could spend time with them but now I have ruined everything.

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You need to contact a solicitor/ welfare rights ASAP.

 

The sooner you own up the better, you might just have to pay it back with no further action.

They could look at it favourably you coming forward.

 

But the might as look at it as you're only owning up as they were going to catch you anyway.

So it's not that you're being honest, it's you're hoping they will go easy on you.

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Thanks, I know it doesn't look good and I look like a terrible person, but I'm really not. I never thought I would do anything like this, prior to having my kids I always worked full time and paid my taxes resenting the people claiming falsely, never thought I would end up becoming one of them. It's just too easy to see it as a way of having a bit extra to get by, I'm ashamed I was so weak. Im not a confident person at all and far too easily pushed into doing wrong on this occasion. I just don't know how I will cope with it all, I can't even stop crying to talk to anyone about it, hence writing on here. I know it's all deserved though.

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It's going to tough in the shortterm with the waiting on what will happen.

 

Hopefully they will just order a repayment, and you will have to pay the wrongly claimed money back.

 

 

They could also charge you with fraud, but I do believe that there is less chance of that happening than with HMRC (tax credits) than DWP (Income support etc)

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hi cat, I think the situation you’re in is one that the Tax Credits people will be familiar with, so I hope they’ll be reasonable.

Some ideas on who to contact:

- Tax Credit Casualties – taxcc.org

- Try Googling to find your nearest Claimants’ Union

Good luck,

Andy

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They certainly do seem to go easier on people, the tax credits, than people on income support etc. Which is wrong in my opinion, they are both exactly the same crime really. Yet tax credit fiddles are waaaay more common.

Possibly depends on the amount though too, which is possibly the only similarity in the way they deal with it.

CAB would be good to visit about it. They have helped a few people on here.

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  • 1 year later...
They certainly do seem to go easier on people, the tax credits, than people on income support etc. Which is wrong in my opinion, they are both exactly the same crime really. Yet tax credit fiddles are waaaay more common.

Possibly depends on the amount though too, which is possibly the only similarity in the way they deal with it.

CAB would be good to visit about it. They have helped a few people on here.

 

I have just received a letter having wrongly claiming as a single person, I was in a right state, couldn't sleep, eat felt sick, after reading replies in here I decided to take the bull by the horns and call them.

 

I spoke to a very understanding man at Preston office, who asked me if I was indeed living with someone, I said yes I was, I showed remorse for what I'd done, explained I'd always thought of myself as a single mum, even when living with my partner. I am not going to court, I will not have my children taken away from me, he explained that I'd taken the hardest step already and I would have to pay the money that I'd had as overpayment back and that would be it.

 

I'm waiting for a letter to say what I need to pay and when and that's the end of it

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