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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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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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    • 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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interview under caution housing beneift


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Hi, I have had an IUC this morning and it wasn't very nice. I have been accused of hb fraud as they are saying my tenancy agreement is not on a commercial basis. The property is my mum's and I stated this on the original claim form. My mum helps us out by paying for various activities for my children one of which is dancing and is very expensive. I was supposed to be paying £750 per month (HB allowance £645pm) but on a number of occasions have paid less as I had to pay dance fees, school trips etc. I honestly didn't realise I was doing anything wrong otherwise I would have paid the whole rent and then got my mum to pay the fees direct to the schools. I said at the interview that I agree I have been overpaid but it was certainly not intentional to commit fraud. They asked questions that were nothing to do with the tenancy arrangements. We had a one bed flat a couple of years ago which was included in our Bankruptcy and was put on the HB form. It was repossessed in 2010. They asked why we didn't live in it?? They are talking about interviewing my mum about this, she will be really upset by all this. What do you think will happen next, I am worried sick. I really appreciate your help, thank you.

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  • 1 month later...

I think that it will depend on whether or not the rental agreement can be considered to be a commercial tenancy. Is this a property that they owned before you moved into it and had previously rented out to someone else, or was it bought purely so that you could live in it.

 

Your mum may have to show that this was a business agreement and not that she provided you with a house so that any mortgage that she had would be paid by the HB

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Hi, thanks for your reply. I found some documentation stating:-

 

 

Regulation 9(1) Contrivance.

“ It should be remembered that contrived tenancies are those that have been created by the tenant and landlord to abuse the HB Scheme. As such, contrivance cannot apply where the main reason for entering into the tenancy was to provide a home for the claimant and their family”.

“ It is important to remember that a claimant’s financial circumstances may mean that they experience less choice in the housing market and have less bargaining power. Agreements made between friends or relations often come under close scrutiny. Whilst the relationship between landlord and tenant is an important consideration it does not in itself indicate contrivance. It is quite reasonable that a landlord may choose to rent a property to someone they already know.”

My mum bought the property in June 2011 as she was going to do it up and sell it. I then told her about our bankruptcy and pending house repossession (Dec 2011) and she said we could rent from her. All this was declared on the HB form and wasn't questioned. We had a tenancy agreement. It wasn't rented to anyone before us and when we moved in it still wasn't finished. We couldn't rent through an agency as we were bankrupt and unemployed. We would have been homeless.

Who makes a decision about this as I haven't commited fraud, just need a home for the four of us. Thanks

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There are a number of possible outcomes.

 

The HB decision maker may decide: -

1) that you have a rental liability which is eligible for HB

2) that you do not have a rental liability and it is a sham

3) that you do have a rental liability, but it is not on a commercial basis

4) that you do have a rental liability, but it has been created to take advantage of the HB scheme

 

In decision 1) you would continue to receive HB.

In decision 2) to 4), you would cease to be entitled to HB.

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Whether or not they would attempt a prosecution would depend upon facts of case, for example, whether or not you or your mum made false statements, or concealed/failed to notify relevant information.

 

Such cases can be very difficult to prosecute unless there is overwhelming evidence against you.

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What they will be looking at are such things as is if your mum has a history of of being a Landlord, either a property she has let over time, or multiple properties.

This could show 1)

 

If it is her first time, and had no other tenants than yourself, then they could decide 2) to 4)

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there are a number of factors that the HB decision maker may consider, these would often include: -

 

  • the amount of rent charged, is it higher or lower than normal
  • relationship between landlord and tenant
  • evidence of rental payments being made
  • intentions of the parties
  • whether agreement is arms length
  • any non-enforceable terms
  • whether landlord has rented other properties or this property before on a commercial basis
  • what action the landlord has taken or would take on non-payment of rent

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my mum received a letter yesterday which was about her "appeal" and asked what the £19,000 loss is on her tax return (it's the cost of renevating the property when she first bought it) Is her mortgage residential or buy to let and does she have landlord insurance, which she does. Why do they want to know about the loss on the tax return please?? thank you

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Had a letter from decision maker today saying that he agreed the tenancy isn't contrived but can't change the decision saying the tenancy is on a non commercial basis. My mum is worried about why they are asking about the loss on her tax return, and about her mortgage especially since I had a letter with a decision. Anyone know what will happen please??? thanks

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I was in a similar situation when I rented my daughter's house. Whilst looking for work, I claimed JSA, Council Tax and Housing Benefit. I had to prove, beyond a shadow of a doubt, that it was a commercial relationship. I told them that if my rent was late or unpaid, my son-in-law would have no hesitation in taking legal action to evict me! Proof enough to confirm a commercial relationship, plus tenancy agreement of course.

 

 

Just thinking, did you mother advise her mortgage company that she was letting out the house to a close relative?

Good Luck!

 

 

Impecunious! :-)

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Hi, thanks for your reply. Did they let your claim go ahead?

 

My mum didn't tell the mortage company as it didn't even occur to her or me that she had to. The mortgage was obtained through a broker.

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That factor might go against you, however there are a lot of factors that need to be considered

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Am getting more confused by the day!! I received the letter saying the tenancy isn't contrived but he can't change decision about non commercial tenancy - I am appealing this decision. On the same day my mum received a letter from person who interviewed me asking questions about what the loss is on her tax return (cost of renovations), what the professional fees were (for accountant to do tax return). Does she have landlords insurance (yes she does and sent them a copy). I don't understand how if they say a tenancy is not on a commercial basis that it's fraud. Anyone know what will happen please?? thanks

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Hi, thanks for your reply. Did they let your claim go ahead?

 

My mum didn't tell the mortage company as it didn't even occur to her or me that she had to. The mortgage was obtained through a broker.

 

 

Yes, my claim for housing benefit was successful. They only paid a portion towards my rent as the house was deemed "too large for my immediate needs" -- it was 2 bedrooms and I live alone. That was 6 years ago, so not a new rule. Thankfully, I was only on JSA for 13 weeks until I found a full-time job.

 

Under the provisions of the mortgage, my son-in-law was meant to inform the mortgage company that a close relative was renting the house. Apparently they don't like that. Anyway, he didn't tell them! They'd had previous private tenants that weren't related, so really didn't see any point telling them.

 

Good luck!!

 

 

Impecunious! :-)

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  • 2 weeks later...

Having had housing benefit stopped due to council saying tenancy is on a non commercial basis, but they confirmed it's NOT contrived, I am waiting to see if they will be taking legal action against me.

 

My mother wants to use a letting agent in the future so she doesn't have to be involved. Will the Council deem this to be a commercial tenancy if it's with an agent? We need housing benefit to be able to live in the property but want to make sure we are doing everything correctly as couldn't cope if this happened again. Please advise, thank you.

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One more thing. The Council decided the tenancy wasn't contrived but can't change the decision about the non commercial tenancy, so I am appealing that decision. They asked my mum questions before making the decision. I know a contrived tenancy is fraud but if it's simply because it's not on a commercial basis can that still make it fraud?? thank you.

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