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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

DWP Interview Under Caution


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Hi

 

Many thanks for the reply. It was a tragic shock and was not expected. I had less than 20 minutes I reckon to make my mind up. The barrister said that 3 months suspended was agreed between the barristers but the judge thought otherwise.

 

What was a bigger shock was one of the prosecuting barristers said the claim was not fraudulent at the outset and that there was evidence that a phone call had been made as the claim for Income Support had failed indicating that the pension had been declared

 

I knew nothing of this before I had made the the guilty plea

 

Never mind what is done is done - I have no idea what is happening at my interview with the probation service or what I am suposed to do

 

All I can say is what ever you do take photo copies

Send everything recorded delivery

Make notes straightaway on phone calls

Have little phone contact and try and make them put everything in writing

 

 

thanks again

 

sinkinghelp

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That is enough to base an appeal on because the prosecution had an obligation to inform your legal representatives of all the evidence in their possession which would include the evidence of the phone call etc. That you made a guilty plea without that evidence which would have strengthened your case smacks of unfairness. and could be in breach of PACE as well as contrary to Article 6 of the Human Rights Act. Are you sure you can't face an Appeal? It wouldn't involve you in any court appearance, just your barrister etc arguing the case I think. It would put a stop to all the police station stuff etc too, at least for now until there was a proper consideration of your case.

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Hello confuciused,

 

Many thanks for the reply

 

I have emaile my solicitor who said they thought the punishment was severe but not unexpected from the particular judge. The solicitor said it could be worse I could have gone to prison !

 

They would pass my concerns onto the barrister and get back to me.

 

That was all that was in the e-mail back

 

If and when I get any more information I will pass it on

 

 

regards

 

 

sinkinghelp ( now sunk )

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If i was you i would put it all behind me..

These people all know each other and do dirty deeds to weak defenseless people all day long..

You are just a very small cog caught up in the sham that is called justice..

It is a huge earner for many professional people and they earn fortunes from hounding people like you..

Remember it never was about you, It is all about them and their lifestyles...

 

Good luck and remember your case provided many many people with employment..

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Hello geoffthechef

 

I have attended my second probation visit. The first did not go very well as they were unsure what my offenders structure path was to be or similar babble

 

So I have been today. More multi choice questions 98% did not apply to me violence - drugs - etc etc so I have to return next week to see how I have got on

and " we " can discuss how I am to be structured not to re offend

 

You are absolutely correct - some serious money being spent everywhere and as I do pay tax on my pension I assume I am contributing to my own supervision in a peverse way

 

I will do what I have to do and move on...................

 

But its been a long road

 

 

thanks for the reply

 

sinkinghelp

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Well - well - well

 

I thought that things may settle down. Oh no !

 

Local council have suspended my housing and council tax benefits as according to their letter I have failed to respond to an enquiry letter from them at the begining of May

 

They state that as I have failed to supply my pension information for the month od May 2013 they will have to now investigate if an over payment has occurred and recovery action taken.

 

Quite scary

 

However as they are part of the same pension schem they are aware that in April 2013 the pension for that year including any increase is issued and that gross rate does not change for 12 months.

 

I have a receipt dated 15th of April 2013 in which I handed in the April master pension advice listing payments for the next 12 months

 

I never recieved the enquiry letter in May.

 

This smacks to me of further intimidation by the local council

 

Well as I have now have one I will be asking my Probation Officer what is the best way to proceed on this

 

 

Sorry for long post but I am as mad as a wasp on crack !

 

 

sinkinghelp

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Did you actually get the letter from the Council in May? Its often the case that these pension schemes are run by outside bodies or other authorities, so your own LA may not have access to these details.

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  • 3 months later...

Hello All

 

Just an update. The DWP have settled down but the local authority have only just stopped sending me enquiry letters asking for information upon direct threat of me going to Ombudsman again. The information I was sending back never altered and again a couple more occasions where I am alleged to have failed to respond have occurred.

 

Nothing now for three weeks so I am hoping they have given up

 

Why they persisted in this was is beyond me other than " they can "

 

regards

 

sinkinghelp

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  • 5 weeks later...

Hello All

 

I was hoping that everything would settle down a bit now since my Crown Court Appearance. The local council have been like a mad terrier keep sending enquiry letters out which did not stop until I told them I was seeking the advice of the Ombudsman. I actually got in a position where I had paid to much money and was greatly in credit to which the Council said that it was my fault and they had no obligation to notify me and took great offence that I dared suggest that it would have been helpful to let me know that I had paid too much.

 

The other matter which has just raised its head is that the DWP only prosecuted on one charge and not on the other two more.

 

The DWP debt management unit has decided that they are going to collect the other alleged overpayment to me by increasing the amount I am already paying.

 

So the merry go round starts again - and please all remember if you get a fraud conviction any insurance you have car - home will be cancelled when you notify the various insurance companies.

 

It was a long nightmare getting insurance. I had been with one car insurance company for over 20 years and they cancelled and gave me 7 days to go elsewhere

 

Is that xmas coming I hear

 

regards

 

sinkinghelp

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Hello again

 

Many thanks for your replies

 

I have completed an income/expenditure and stated hardship not to pay the full percentage they are allowed to take. Hopefully the income/expenditure will reflect that plus copies of various bills etc.

 

Its really now peaked my relationship with my partner after 36 years to the point that she has had enough of everything including me !

 

Oh well

 

sinkinghelp

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  • 2 months later...

Hello All

 

Just to update this a little more........

 

When I notified my house insurance of my conviction they after 20 plus years with the same company cancelled my insurance and I had to trawl to get the house re insurred. The same situation has occurred with the car insurance.

 

Unless I pay a minimum of between £200 and £250 premium on top of the insurance cost I cant get insurance for the car

 

It just gets worse very day

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You couldn't make it up could you??

So you;ve paid insurances for 20 odd years and because you were (wrongfully) convicted of something that has NOTHING to do with them they can reject you..bloody disgrace.

Lillibelle

 

I only know what I know cos I know it,I only give advice,I'm not legally trained nor do I pretend to be.

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Hello Lillibelle

 

Thanks for the reply. Yes - indeed this is part of the problem that you get any criminal offence and insurance companies dis own you.

 

Its also tempting not tell them but that is even worse scenario

 

See my posting Crisis Loan - I have just had an appology from DWP over the money that was not accounted for I had paid - but as expected they do not say if discipline procedure have been implemented against the staff

 

It was this office that " lost " my repayments that gave me the advice over my pension I was told that as it was from the 1980's I did not have to declare it for benefit

 

Now - having been through the Crown Court process and I am off certain drugs I realise that the information I was given was onerous

 

Never mind just to try and move on

 

thanks again

 

sinkinghelp

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