Jump to content


  • Tweets

  • Posts

    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
  • Our picks

Interview with Counter Benefit Fraud Team (No mention of fraud or IUC in letter)


Please note that this topic has not had any new posts for the last 2911 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Scenario: Mrs AA who is in her late fifties has been claiming CT benefit for the past three years and declaring that only herself and her 24 year old daughter are living there, her income is circa £81 per week and her daughters income was £25p/w at the time. She only claims a widows benefit and as she is generally housebound as uncapable going far distances alone, she does not work or go to the job centre to claim her JSA. Mrs AA has limited english speaking, reading and writing capability due to being brought up in a non english speaking envirnoment and has mainly depended on her children to interpret and help her with her claim, primarily her daughters.

 

The daughter moved out for approx 14 months from Feb 2011 and Apr 2012 during which time in Sept 2011 She started another job £400 p/c/m on average and that has been her income since. Mrs AA did not notify the council of the changes i.e. daughter leaving and daughter returning with a different income.

 

Recently as October 2012 Mrs AA recieves a letter from the Birmingham City Council Counter Benefit Fraud Team or FINCBFT inviting her to an interview with one of the auditors:

 

"We are in receipt of information that indicates that the details we hold in relation to your benefit claim may be incorrect. As a result, we would like to interview you regarding this matter.... etc etc .... If you are unable to speak or read English please bring along someone who can interpret for you...... etc etc..... If you normally wear reading glasses, could you please bring them with you to the interview as you may be asked to view documents..... etc etc"

 

PLEASE NOTE: there is no mention of fraud within the body of the letter nor is there any mention of the interview being conducted under caution.

 

I am another daughter of Mrs AA and I have been living away from the address in question for some time now but have had some bank accounts and some credit cards under this address and I generally help my mother with her benefit claims (along with another one of my sisters who occasionally helps out too).

 

I called the auditor on behalf of Mrs AA saying she can come but I'll have to bring her due to Mrs AA not being able to travel alone nor being able to speak English, auditor said fine but then hesitated and said not anyone directly involved with the claim or anyone who has helped her with the claim. I said fine, I helped her quite some time ago and she replied "ok, we'll see"

 

I took my mother at the appointed time and the auditor came down to meet us in reception and she started off (in front of all other waiting public) "I need to interview Mrs AA, I understand she can't speak English", I replied "Yes, I'm here to interpret", Auditor says "you are connected to the case (I think she said this), so it can't be you" quickly followed by "I need to interview the person responsbile for filing the claim, was that yourself?", Panic took over so I mentioned that it was my other sister, auditor took details down of other sister at which point I said we both had equal contributions, so auditor took my details down too (both us sisters live in the same house) and the auditor later said "I'll be wanting to interview your other sister (and also dropped in "or whoever filed the benefit claim")". The tone of voice was different (to when we spoke on the phone) as if firm and strict, lacking pleasantness or tact, courtesy and as if her judgement passed already. so now a letter is pending to be received by my sister living at the our address.

 

At times I feel this is a trap, the way the auditor worded the letter (standard no doubt) and the way the auditor spoke on the phone and the way she spoke to us in front of the public, she has confused the hell out of "who should/can attend or who shouldnt" in two comms encounters... because it is I who helped her with the claim in the end, can I now attend although I was previously told I couldn't?

 

Anyway even more curious to know what info they have which goes against the claim and confused to why Mrs AA hasnt had a notification yet saying her benefit has stopped pending investigation. Do I have the right to request what info they have before hand? What happens next, what are the options, what is the best one to proceed with?

 

Although the letter is vague, I don't think it would be wise for Mrs AA to attend the interview until it has been made clear whether the interview is a IUC type or not, but any way of finding out what info they have before going in blind? if it is a IUC a legal aid rep will be needed but it hasnt been confirmed yet and im not sure of the process within the birmingham city council.

 

Is it worth contacting the local MP about this as it potentially can explode to something unexpected / undesired or it could be wrapped up in five minutes??? if it could be wrapped up in five minutes why has it ended up in the CBFT department, hence it must be serious but wheres the IUC letter, on the internet / forums there are a lot of mentions of this letter but not of the one Mrs AA received...... somethings got to be different.

 

Aware that these new counter benefit teams emerged around oct 2010 around the UK since the election of the coalition government to crack down on benefit fraud as part of its new budget and it looks like auditors have targets to meet and are using a whatever means necessary? Also aware the current benefit system ends in April 2013 where a new system comes in which reduces the likely hood of some people claiming where they were able to before...

 

Your opinions and advice will be deeply appreciated.

Edited by k_81
Link to post
Share on other sites
  • 2 weeks later...

Scenario/situation: Mrs GW who is in her late fifties has been claiming CT benefit for the past three years and declaring that only herself and her 24 year old daughter are living there, her income is circa £81 per week and her daughters income was £25p/w. She only claims a widows benefit and as she is generally housebound as uncapable going far distances alone, she does not work or go to the job centre to claim her JSA. Mrs GW has limited english speaking, reading and writing capability due to being brought up in a non english speaking envirnoment and has mainly depended on her children to interpret and help her with her claim, primarily her daughters.

 

Recently as October 2012 Mrs GW recieves a letter from the Birmingham City Council Counter Benefit Fraud Team or FINCBFT inviting her to an interview with one of the auditors:

 

"We are in receipt of information that indicates that the details we hold in relation to your benefit claim may be incorrect. As a result, we would like to interview you regarding this matter.... etc etc .... If you are unable to speak or read English please bring along someone who can interpret for you...... etc etc..... If you normally wear reading glasses, could you please bring them with you to the interview as you may be asked to view documents..... etc etc"

 

PLEASE NOTE: there is no mention of fraud within the body of the letter nor is there any mention of the interview being conducted under caution.

 

I am another daughter of Mrs GW and I have been living away from the address in question for some time now but have had some bank accounts and some credit cards under this address and I generally help my mother with her benefit claims (along with another one of my sisters who occasionally helps out too). its possible that they came accross some verification from banks / credit checks whish show I have accounts registered at my mothers address... is this enough though to validate I live at my mothers address when I don't? I have various correspondence sent there as I end up checking up on my mum anyway.

 

I called the auditor on behalf of Mrs GW saying my mother can come but I'll have to bring her due to Mrs GW not being able to travel alone nor being able to speak English, auditor said fine but then hesitated and said not anyone directly involved with the claim or anyone who has helped her with the claim. I said fine, I helped her quite some time ago and she replied "ok, we'll see"

 

I took my mother at the appointed time and the auditor came down to meet us in reception and she started off (in front of all other waiting public) "I need to interview Mrs GW, I understand she can't speak English", I replied "Yes, I'm here to interpret", Auditor says "you are directly connected to the case (I think she said this), so it can't be you" quickly followed by "I need to interview the person responsbile for filing the claim, was that yourself?", Panic took over so I mentioned that it was my other sister, auditor took details down of other sister at which point I said we both had equal contributions, so auditor took my details down too (both us sisters live in the same house) and the auditor later said "I'll be wanting to interview your other sister (and also dropped in "or whoever filed the benefit claim")". The tone of voice was different (to when we spoke on the phone) as if firm and strict, lacking pleasantness or tact, courtesy and as if her judgement passed already. so now a letter is pending to be received by my sister living at the our address.

 

At times I feel this is a trap, the way the auditor worded the letter (standard no doubt) and the way the auditor spoke on the phone and the way she spoke to us in front of the public, she has confused the hell out of "who should/can attend or who shouldnt" in two comms encounters... because it is I who helped her with the claim in the end, can I now attend although I was previously told I couldn't?

 

Anyway even more curious to know what info they have which goes against the claim and confused to why Mrs GW hasnt had a notification yet saying her benefit has stopped pending investigation. Do I have the right to request what info they have before hand? What happens next, what are the options, what is the best one to proceed with?

 

Although the letter is vague, I don't think it would be wise for Mrs GW to attend the interview until it has been made clear whether the interview is a IUC type or not, but any way of finding out what info they have before going in blind? if it is a IUC a legal aid rep will be needed but it hasnt been confirmed yet and im not sure of the process within the birmingham city council.

 

Is it worth contacting the local MP about this as it potentially can explode to something unexpected / undesired or it could be wrapped up in five minutes??? if it could be wrapped up in five minutes why has it ended up in the CBFT department, hence it must be serious but wheres the IUC letter, on the internet / forums there are a lot of mentions of this letter but not of the one Mrs GW received...... somethings got to be different.

 

Aware that these new counter benefit teams emerged around oct 2010 around the UK since the election of the coalition government to crack down on benefit fraud as part of its new budget and it looks like auditors have targets to meet and are using a whatever means necessary? Also aware the current benefit system ends in April 2013 where a new system comes in which reduces the likely hood of some people claiming where they were able to before...

 

Your opinions and advice will be deeply appreciated as I think they're trying to build up a case somehow.

Edited by k_81
Link to post
Share on other sites

the councils in my area all advise in the interview letter if it is to be a taped IUC

 

you can ask birmingham cc if they are planning to do a taped IUC, they will disclose this information

 

it is unlikely that they will disclose details of any evidence they have to you in advance, however if your mother does take a solicitor with her, the interviewer will disclose details of the suspicion/allegation prior to the interview

 

to the best of your knowledge, are there any discrepancies in the award, the most common types of discrepancy for CTB awards are: -

 

  1. income
  2. capital
  3. occupants
  4. ownership of property

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

Link to post
Share on other sites

have you got proof that you do not reside at the premises? for instance, council tax, phone, car insurance, anything official that shows a different address? if this is what they are looking for....

Link to post
Share on other sites

Hello, thanks for the replies.

 

I can confirm that it is myself being called in for an interview now, attached with the letter is a leaflet about IUC, so no doubt it is a IUC.

 

I have various correspondence sent to my mothers address, such as bank statements, bills and tax code notifications from HMRC etc. as I used to live there pre 2006 and I did not change addresses for bank accounts as I do regurlarly visit my mother (but I don't stay over).

 

Despite the above, I also have correspondance sent to where I'm living now (my sisters house) e.g. council tax correspondance for a different property altogether that I own rented out to someone else.

 

I am considering consulting a solicitor to see if they can get any info before hand before I go to the interview because the impression I'm getting is that some form of unwelcoming interrogation will take place. Solicitor at this point will be costly and I don't think I'll qualify for legal aid.

Link to post
Share on other sites

personally if you can prove you arent living there, and you know there are no problems with the claim, then i wouldnt worry too much about it....if there are problems with claim then being upfront is obviously the best way forward

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...