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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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Tax Credit Investigation Need help pls :(


Wilson23
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Hi there,

 

I'm new here do hope I've posted in the right place.

 

My story; I received a letter in July from HMRC stating that they needed documents from me I.e utility bills, phone bills, p60, childcare contract. I provided these documents sent recorded delivery on 2nd July. Three weeks later I received a phone all from a man which said I needed to provide evidence that Mr X is not living with me. My partner and I do not live together because we were not together when he was conceived, it was a casual relationship however after my sons first birthday we decided to try and ever since have been together but I would not let him move in as I love my job and wanted to continue to work and if he moved in we wouldn't be able to afford the childcare and it would be pointless me working as in only part time. I have let him use my address for everything post wise as he has

Moved address 3 times in the past year and my address is safe. I didn't realise what sort of hasssle this would cause. I now have hmrc on my back requesting this information. I have rang them an explained my situation and they have been really nice and helpful explaining what he could provide as evidence of not living with me. But my problem is that he has nothing he can provide. I have to ring her back on tues and tell her this and I'm petrified. Also they have not received the bills, p60!etc that I sent but luckily I still had the recorded delivery receipt and gave her the tracking number so she knows that I definitely sent it over a month ago now.. Also I took a years maternity leave when I had my baby as

My parents said they would help me out for the last three months when I was unpaid from work. I didn't notify them that I wasn't getting paid anymore because to be honest I just didn't even think about it until i got this letter and started reading things on the Internet. I really am so worried now. I have been as honest as possible with her and have them everything they requested apart from

His evidence. I'm scared because if they think I've falsely and stop my claim I won't be able to pay childcare and may loose my job.. Will I go to prison? I'm in a complete pickle, can't sleep like a lot of people and am feeling constantly sick. I went to see CAB last week but they said its all speculation at the minute and can't really help until I know what they are going to do. Also HMRC traced him to my address as he is registered at his work here. :(

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Hi Wilson

 

Have moved this to the benefits forum for more views

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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Hi I have read your post and its hard to fathom out what time scale you are talking about, have you other children.

I ask because you say your son is one, so are you saying you have claimed as a single person for a year.

 

HMRC are running scans thats are matching names to addressess. So for example if someone is claiming as single and there is someone in the address, that maybe is a partnerthen they are asking for some clarificatin. If your partner is working and paying national insurance and he is using your address then this will flag up as well.

So what I am trying to say if he has always been registered at your address and he has no other address, then if this is the case then all you can do is be honest with them.

 

But you say you have moved three times, so has he moved with you?

 

HMRC will find your post, so dont worry its a big office and things can go astray.

 

If he hasnt been living with you is there anything he has that puts him at the other address, was he registered for a doctor there etc.

 

Stop making yourself ill, whats done is done, peoples lives changed everyday, he moved in, you have a baby, you get on with life and you forget to ring HMRC, its easily done and HMRC know it.

So all you can be is honest with them, they will calculate an O P they will not stop your tax credits fully, but take out a set amout each week

 

CAB is right when they have calculated the overpayment you can seek help then......

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The are investigating 2011-2012. I have two kids but have been claiming since 2005 as single but only got into a relationship with my partner last yr when my son turned one, he is now 2. I have asked my partner about Drs etc but he has nothing. It was him that has moved address 3 times, not me hence why his mail comes here. I just worry that as I'm claiming as single person and I can't offer evidence that they will then contact DWP as I claim part HB and Council tax benefit and if I can't offer them evidence then wil I go to court??? I just want this over with. Thank you for your reply.

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Does he have a car, what address does the DVLA have and what address does he use for car insurance.?

 

If HMRC investigate and say they think he is living at the address, yes they will inform the LA.

 

He must stay somewhere, can he not get an letter from the person he stays with, does he pay them rent??

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He doesn't have a car. The lady i spoke to said that a letter wouldn't work. He does pay rent but it's just cash for a room. Not good is it?? Just so angry cos I did all this so I could continue working yet I'm gonna be punished anyway.

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dont beat yourself up you were trying to help him. lots of people let other people use the addresses as care of, and dont realise the effect it may have on their benefits

it doesnt look good, but all you can do now then is explain this to them on the phone, they will take details and they will look at it.

then decide. Then they will calulate the OP if applicable.. You can appeal this

 

http://www.hmrc.gov.uk/taxcredits/things-go-wrong/overpayments/index.htm

 

 

Can he not have his mail going to his parents address, this would solve the problem for the future

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Well thank you for your advice, I will update on the outcome Tues as ie read a few threads that don't have the final outcome. This may be able to help people in the future. This forum has been really helpful. I hope this is sorted soon.

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Wilson, my advice would be for yourn boyfriend to take responsibility for himself so to get his paperwork all sorted where he is living. I moved 3 times in 2 years and at no time did I use anyone else's address, I just paid the post office to redirect mail to my new one. Get that all sorted asap so he is not listed with anyone as living at your address.

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Ok well everything has now been sorted. Basically I had no evidence to give them to show my partner is not living with me so she said that I would have an overpayment Fromm 2011-2012. So I agreed with this as I couldn't do anything else.. I also gained other advise from her regarding my partner moving in to make sure all was above board and am claiming as I should!!!!

 

I just wanna put anyone's mind at rest that these people are "human" and if you stop panicking about prison etc and think logically I.e I'm telling the truth so why should I feel like this then it'll be fine. The lady that dealt with my case was fantastic, really helpful and advised me in everything, even a joint claim if my partner was to move in.. I'm glad it's all over but no where as bad as I was imagining!!! :)

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  • 2 weeks later...
do you mind if ask how much your overpayment was and did you have to pay penalty on top?

 

It was for £17k but I'm disputing the amount because even if they considered me as being in a relationship Im sure I still would have been entitled to something so I want them to look into it and take it off the overpayment.

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just madness,they have penalised me 3grand and want 22grand back!!all because i have no proof at all,the woman i spoke to was horrid and just wouldnt accept anything ive said,i actually got a car insurance letter and an invoice dated from last april and nov 2011 so will present that to them and see if it makes any difference,but to be honest i bet they wont accept that either!!i feel ill and just worried out of my mind.did you appeal before they decided to accept your word for it,or did it not come to that?so glad you got it sorted,wish it was me :(

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sorry meant to say the car insurance letter and invoice was what my ex gave to me yesterday to show them,he is apparently going to give me some recent bank statements at the address he was at,but unsure if they will accept them as they are not utility bills?

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sorry meant to say the car insurance letter and invoice was what my ex gave to me yesterday to show them,he is apparently going to give me some recent bank statements at the address he was at,but unsure if they will accept them as they are not utility bills?

I think a bank statement is sufficient cos she asked me for a bank statement and I couldn't get one so just try it and what about driving licence cos theyll accept that too.. It does make you feel Poorly but don't let it, honestly it's not worth it. I am appealing next week cos I've just had the overpayment letter and I'm not letting them getting away with it, I worked it out on there calculator and even as a couple we would have been entitled to £120 a month!!! But anyway back to you, unfortunately you sound like you have an ass of a officer dealing with your case but do not let them talk to u like poo after all u aren't lying so don't let them intimidate you.. I phoned them up and just said "I have no evidence so what are u going to do to me" and she just said there will be an overpayment issued and it will come out of any claim you make once this claim is closed...

 

If you wanna know anything else just let me know and keep ya chin up!! :)

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yeah she said same to me,but was so horrid honestly!!!i got the overpayment and the penalty,but as im appealing it im presuming they will want to interview me under caution or try and do the full monty and prosecute me,am half expecting one of those letters through anyday.god i tell you this if i walk away from this and they accept my new evidence i swear to god i will never ever claim tax credits again,i would never put myself through this again and the worst thing is i aint even lying!!!

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