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    • Thank you 😊  Just wanted to prepare myself mentally incase they pull out some rabbit out of a hat with these bodyshops as they will most likely be places they've used regularly in the past and over 150miles away from where I am.
    • I see the Brexit-ish are again delaying  implementing their 'grate deal' 'protecting the UKs borders' that they pressed through with the wholehearted support of MPs like smugg - who is now one of the main moaners saying this inflation raising and business destroying 'great deal'  shouldn't be implemented. Of course 3 of the benefits of NOT implementing the Brexitish grate deal as the Brexitish negotiated are:   1. Less UK businesses will collapse 2. UK inflation NOT increased by 0.6% (hence fiddling the figures to us scraping NOT being in a Brexit generated recession) 3. The problems will be dumped in labours lap after the GE   "Analysis by specialist credit insurance firm Allianz Trade said the removal of tariffs on the goods would reduce inflation by 0.6 percentage points, and cut import costs by close to 7 billion pounds ($8.8 billion) in nominal terms."   reuters.com WWW.REUTERS.COM     https://www.reuters.com/world/uk/uk-economy-grows-by-01-february-2024-04-12/   Rees-Mogg warns post-Brexit border charges could be inflationary WWW.THELONDONECONOMIC.COM According to reports, Britain faces a £2 billion post-Brexit bill on European food imports from the end of the month.  
    • Thank you . Please stand by for a reply later on  
    • Sorry just get worried that they will make my life harder than they already have lol   Bought the car around 12th Sept 2022 for £78,000 from clinkard cars.   Performance, Prestigious and Specialist cars in Romsey, Hampshire | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire Was a 2019 Range Rover with 25k miles, £20k deposit at £750pm pcp over a 4 year period.   Finance company are alphera (bmw finance) spoke to them in October 2023 about the damage my bodyshop advised me of but they told me to deal with the dealership. Paid for the repair myself as I was told the extended warranty I paid for (recommended through dealer) wouldn't cover it as it was an existing fault and not mechanical breakdown. When I got the £40k offer from the dealership they still didn't want to get involved unless I got an independent inspection done. Used Elite Forensic inspections as they seem highly rated online (more comprehensive than your average AA inspection). I just looked online for thr best inspections for customers eho hsbe alre purchased the car. Their report was super comprehensive over like 50 pages of text and photos. Comparisons to the advert photos against what the inspector saw made in clear that the damage was before I purchase it. Got the report back 10th Jan 2024 and couldn't believe that they'd picked up the level of accident the car had been in and raised an official complaint through Alphera, they couldn't come to a decision with 8 weeks so raised with FOS. Around the 7th March 2024. Small issues started within the first week of purchasing like ambient light not working on the side the car was hit and car randomly switching off completely when I'd stop at traffic lights/junctions. Dealers eventually got this sorted which I appreciate, but doesn't change the fact that they didn't check the car as well as I'd been told it had been checked and they'd sold me an accident repaired car and initially tried to say all cars have had paint due to stone chips etc. Also turns out the car had only had 1 service before I serviced the car in mid 2023 (when the service light came on the car).   So far Clinkard have had my car for nearly a month (so my wife and I hsve had yo share cars since), they've said we've taken the far to 2x garages so far to inspect it and got 1 more garage to take it to. Currently refusing to tell me what those 2 garages have said so far with the attitude of because you've gone through FOS we have to follow the correct channels and respond to the complaint through them which is quite annoying.
    • This has been playing on my mind a little so been reading. Am I right in saying that if the original debt was regulated under the CCA and below 25k they can't use HCEO? 
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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DWP Benefits Investigation


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I have been a full time carer for both of my parents since 2004; I am also an only child. My Father is 87 he suffers from prostate cancer which has now spread to his bones, and osteoporosis. My Mother is 86 she is slightly more able but suffers from debilitating gall stones in her bile duct and is often ill.

 

 

 

Until early 2009 I did not seek any help from my local authority, neither did I seek or apply for any benefits from the DWP. This was because I do not believe in asking help until you really need it but also because I had considerable savings and it went against my morals.

 

 

 

In early 2009 I was suffering a second break down in five years and was suffering severe depression and anxiety. I was under treatment from a psychiatrist and taking antidepressants which I continue to do so. By this time my savings had halved and under pressure from my friends and family I reluctantly contacted the carers allowance unit in Preston to enquire about carer’s allowance. The adviser was surprised I had not applied for benefits before. I was advised that as a career benefits were not means tested. Further more I was advised to apply for income support as well as careers allowance, which I did. Subsequently I was informed I was entitled to carers allowance and income support.

 

 

 

On the 12 of the August this year I received a letter from Jobcentreplus fraud investigation service asking me to attend an interview “under caution” at the Job Centre on the 1st of September. I was very worried and confused. I contacted a local carer’s charity they put me in touch with solicitors who sent a representative to attend the interview with me; Dr Gardner also attended for support.

 

 

 

I found the interview very stressful, frightening and confusing. It became apparent and to my horror carers allowance was not means tested but income support is. I had been receiving income support when not entitled and was being accused of fraud.

 

 

 

I explained as best I could that I believe I had received confusing advice at the time and was myself in an impaired mental state which I proved by supplying a letter from my psychiatrist. I stated clearly that I had in no way deliberately tried to defraud the DWP and this was the result of a genuine mistake and misunderstanding. I also agreed to pay any overpayment back in full.

 

 

 

On the 17th of November I received a letter from the DWP detailing the overpayment and asking me to pay the money back, which I did immediately.

 

 

 

On the 5th of December I received a letter from jobcentreplus fraud investigation service informing me they are recommending to their prosecution division that I be prosecuted for fraud. I find the prospect of this utterly terrifying, my mental state is deteriorating, and I have had panic attacks I feel utterly alone, all this on top of having to look after my parents who are not aware of the situation. I feel under the circumstances that a decision to prosecute me would be completely perverse.

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Hi there.

 

If the overpayment is in excess of £2000, they FIS have to refer the case to the prosecution division. A referral does not always mean that the prosecution division will go ahead and prosecute. Like the CPS, the DWP prosecution division (who proseucte instead of the CPS in benefit fraud cases) will need to apply the evidence test and the public interest test. The issue with the evidence test is that when claiming any income based benefit, including income support, the claim form asks for both income and capital to be divulged. If you did not declare this on the claim form, this may present problems. Carers Allowance is also means tested (on income earned per week).

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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  • 1 month later...

Hi,

 

I have now been summoned to appear at local magistrates court, the charge isthat I "knowingly made false representation, namely that application formfor income support was correct and complete whereas it was not as he failed todeclare the true extent of his savings contrary to section 112(1)(a) of thesocial security administration act 1992"

 

I have got a lawyer who has told me I have no choice but to plead guilty. Hewas surprised under the circumstances why under the circumstances they were pursuingthe case and asked for a caution, the prosecutor said they were doing toproceed "come what may" I am still a full time career for both myparents, I have 10k of savings left, after having spent tens of thousands of myown saving supporting myself for the past 7 years. While saving the statethousands by looking after my parents! Gutted is not the word.

 

Can anyone advice on the likely sentence?

 

tkboy

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