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    • I have been trying to help with this case I am not legally trained but have some experience as CA adviser. MoneyBarn never served a default notice  14 days after the second missed payment.  I suggested that we have a good case when built out of events, correspondence, failure to try to settle, and lots of reasons, and a good case can be built up if we have to go into detail. especially as the defendant has brought the account out of arrears and up-to-date, he now has a small history post coming out of arrears of making timely payments again. The Act aims to achieve this I believe.  My suggestion was a very simple one of they have not followed the correct path laid down, and some of their documentation can be shown to be fraudulently created eg the signed contract can be shown by their own acts to have been falsely constructed.  My idea was a simple, no case to answer, as they have asked the courts to hear a case that they have constructed that is not following the rules. You have to have rules, that is why the act was created and if you can show that the claimant's claim has not followed the rules then it should not have been served. The claimant has a vast history of pushing claims through illegally they were fined £2.7 million by the Financial Ombudsman for their behaviour. The account is in order, the claimant is seeking recovery to profit from it he has shown no intention to try to resolve the case as it is not as profitable as recovery.  I thought a time claim was for time to prepare. Is it a tool to be used to prevent it going to court? If you feel that my suggestion of a simple, "it is not according to the Act" that both parties signed (with a few dodgy manoeuvres by MB) will not work, then I would ask how a time order works and how should I construct one. The defendant has no money to employ a solicitor, let alone a barrister to fight his case, I think it will be me as a lay person who will be asking the Judge to help me in matter of law. I will appreciate your comments, but I have always thought if it is not done right, then it has not been done at all (served),
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    • Okay you will have to return the car immediately. I probably ask you before but how far away from the dealership are you?  
    • People also ask What does engine mil inoperative mean on MOT? This is a description they use in the MOT testing manual, It normally means the MIL (engine management light is illuminated when the mot is done and will need to be scanned to check what fault codes are stored in the ECM, If the EML (MIL) light is not working at all then it has possibly had the bulb removed or the bulb ...   Halford should have looked for error codes?  Did they?  Dx
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      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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    • 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.
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      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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If I don't stop my benefits straight away.....


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Hello,

 

I'm in a really difficult situation. I am currently on benefits, I have a child and I have to go back to Italy for a while (personal reasons), I don't know if I will stay there permanently, but when I arrive, I won't have any financial resources straight away. I will have to find a job, etc. and with a young child is not going to be easy. I am thinking about not notifying the dwp, hmrc and housing benefit/ctax benfit of my leaving the country, so I have some means to start with. If I don't do it, I won't be able to survive. I know is not I nice thing to do, I am a honest person, but circumstances are forcing me, it is necessary. It would be only for the first two or three months, but I'm afraid I could be caught, brought back to the UK and put in prison.

 

How likely is that to happen?

 

Thanks in advance.

 

A desperate mother.

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Hello,

 

I'm in a really difficult situation. I am currently on benefits, I have a child and I have to go back to Italy for a while (personal reasons), I don't know if I will stay there permanently, but when I arrive, I won't have any financial resources straight away. I will have to find a job, etc. and with a young child is not going to be easy. I am thinking about not notifying the dwp, hmrc and housing benefit/ctax benfit of my leaving the country, so I have some means to start with. If I don't do it, I won't be able to survive. I know is not I nice thing to do, I am a honest person, but circumstances are forcing me, it is necessary. It would be only for the first two or three months, but I'm afraid I could be caught, brought back to the UK and put in prison.

 

How likely is that to happen?

 

Thanks in advance.

 

A desperate mother.

 

Hello and welcome to CAG.

 

I hope we might be able to give you some guidance, but I have to advise you that CAG does not advocate benefit fraud.

 

I don't know if the guys will have other advice for you or not. Have you looked at advice for Italy?

 

HB

Illegitimi non carborundum

 

 

 

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I know it's not a good idea but it's the only option I have. I just want to know what would happen if I'm caught. I would be happy to pay the price once all this problems have been sorted but I want to know what the repercussions will be.

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I know it's not a good idea but it's the only option I have. I just want to know what would happen if I'm caught. I would be happy to pay the price once all this problems have been sorted but I want to know what the repercussions will be.

 

You want us to tell you the possible repercussions so you make a decision on whether to commit fraud, and whether the consequences are acceptable to you.

 

benefit fraud is illegal. You are likely to be prosecuted and go to prison. I won't go into more detail than that as I feel it would be assisting with a potential fraud.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I appreciate that you are in a tough spot; why don't you approach CAB and see if there is anything they can recommend?

 

I think you are asking how likely it is that you will get caught. I'm sure you could ask around here and see that many of the people who post on here in the most distressed states never expected to be caught. The penalties for benefit fraud are harsh, it doesn't require receiving a lot of money to be over the threshold for an automatic referral for prosecution. Plus, as of April this year, the penalties became even tougher.

 

Another thing to think about is that this is a public forum, and if I were a CFIS investigator, I would be popping on here on my lunch break to see who had confessed to what. If something did pop into the lap of a CFIS investigator even a couple of months down the line, then they may well remember this thread.

 

I understand that you are in a tough spot - try and seek some othe advice to see if there are any other avenues open to you. You also have a child, and having to deal with a benefit fraud investigation/prosecution with all that this may imply (name in the paper etc) would make your life even more difficult.

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Also, you may get four weeks run on housing benefit after you discontinue your claim, although I am not an expert in this and so you would want to speak to someone in the council to see if it applies in your case.

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I know it's not a good idea but it's the only option I have.

 

That's not true. The other option you have is realising you cannot afford it so you don't go. Much as that will be emotionally traumatic as it is obviously important to you to go but unfortunately in life, often we cannot afford what we really really want.

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Janet...are the "personal reasons" ones that you cannot attend to from the UK? If so is there no one and no way of claiming benefits in Italy whilst you are there? Have you looked into the options regarding surviving abroad?

 

I got the feeling that you did not "really really want" to go but had to for some emergency, is that right?

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Also, you may get four weeks run on housing benefit after you discontinue your claim, although I am not an expert in this and so you would want to speak to someone in the council to see if it applies in your case.

 

You have to be claiming for at least 26 weeks (no break) for this to happen. There is also a 4 week run on for tax credits.

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Also, you may get four weeks run on housing benefit after you discontinue your claim, although I am not an expert in this and so you would want to speak to someone in the council to see if it applies in your case.

 

the four week run on would only apply if starting work/increasing hours/increasing wages

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

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If you are receiving IS, tax credits and child benefit then you still have a legal obligation to notify of your change in circumstances.

By not declaring that you are leaving the UK you will be making a fraudulent declaration if you cash the money paid from these sources of benefits/payments.

 

There are circumstances in which benefits and tax credits can continue to be paid whilst out of the UK legitimately http://www.dls.org.uk/advice/factsheet/welfare_benefits/benefits_abroad/Benefits_abroad.pdf this is one link but again it directs you to speak to the DWP before hand.

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I cannot help wondering if the EConvHR offers free movement of workers, and there was all that tory crap previously about tebbit claiming people needed to get on their bikes to find work, if going to another nation to find work would permit an ECHR compliant objection from the UK. Lets face it, cameron has been happy enough to ignore EU law in the past, so could it be that its the UK breaking the law rather than those who travel where premited, which should be without any impediment as a deterrence. http://en.wikipedia.org/wiki/Freedom_of_movement_for_workers

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IMO you are not in the country, not availible for work (if on JSA) not living in your property etc etc so why should this country still pay your benefits? especially if you may not be coming back, sounds harsh I suppose but I think you tell the truth that you are going out of the country, you may still be entitled to some benefits, and do it honestly.

If I have been of any help, please click on my star and let me know, thank you.

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What happens if ,once you are in Italy,finding a job/childcare proves too difficult? Wouldn't the temptation to carry on claiming from here be too great? I think you would be potty to even think about risking it. Read some of the threads from people who have been caught or even think they have done something wrong,,it's scary stuff.

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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Janet...are the "personal reasons" ones that you cannot attend to from the UK? If so is there no one and no way of claiming benefits in Italy whilst you are there? Have you looked into the options regarding surviving abroad?

 

I got the feeling that you did not "really really want" to go but had to for some emergency, is that right?

 

Hi,

 

Thanks. Yes, it is an emergency and I have to go.

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Janet, before you do this, finding a job in Italy is virtually impossible. Unless you have good contacts, think twice or thrice (?).

"Ask not what your country can do for you, ask what you can do for Poundland"

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