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    • Thanks DX,    I will update if they outsource to another company or issue any of proceedings (unlikely I know)    cheers, 
    • go up on your UC log-in it should tell you if you are entitled to free prescriptions. if you are, then yes  and yes go get all your moneyback.    
    • I would expect revenue officers are quite aware of the time of day they are manning barriers. i'd also go as far as to say they don't bother to do this in off peak times... as there would be little point, no loss of revenue to protect.   they man the barriers at peak times, when people have purchased their permit to travel at a peak time travelled at a peak time arrived at their destination at a peak time.   thus they prevent: [loss of revenue] the traveller simply paying for an off peak fare when they just travelled in peak time [and most probably are a worker] getting an off peak return when they are travelling back home in peak time [worker returning home]     in other words ..fare dodgers.   your intended return was off-peak, but you didn't tell them.. we'll never know when your permit to travel was purchased nor if you travelled in peak time....but as from about post 5 i'll hedge my bets..   yes you are entitled as others may well be, to a refund because you were returning off peak but if you don't tell 'em…….   as for our experts , its either they are on holiday, which is none of our business or they sussed you out a longtime ago and don't want an argument here that they have 1000's of times in their regular work....   anyway  I've said all this from the start this thread is getting boring and repetitive.   dx ...    
    • @BankFodder and @BazzaS Thank you for your responses ~ I take on board all that you've said, and can only apologise again for all the narrative.   My nephew who's been [supposedly] dealing with this for over 6 months, unfortunately didn't have the experience and was consequently taken in by them and the way they 'operate', and he consequently let me down massively including through the Ombudsman this 2nd time: * 2nd Complaint with Ombudsman initially registered 11/04/2019 but, not registered properly until 15/04/2019 through their helpline (by this time my nephew, who was down as my rep for the Ombudsman, too, and the preferred contact, was away and out of the country until 07/05/2019, which was the day before the ombudsman's system had given for all evidence to be in). * Eventually after asking for and being granted 2 or 3 extensions all evidence had to be submitted by the 28/05/2019, though I was still able to keep adding evidence which would supposedly be taken into consideration (it wasn't...don't think any of it was, and it didn't take me long to work that one out!) via the messaging system. * On the BH Saturday (25/05/2019) during a phone session with my nephew in a last ditch attempt to try to get the evidence on the site, he ended-up really pushing my boundaries over this (I've finally had EMDR last year for all the trauma I've been through and that had finally kicked in)...I ended-up calling my nephew a patronizing [and might have used the F word!] prick and turning the phone off. Haven't spoken to him since, or the rest of my family, am only communicating with them through emails, texts and messenger on Facebook, and am intending to keep it that way until I'm god and ready. * The Ombudsman eventually issued his decision on 05/07/2019 (N.B. During this time he'd contacted me twice on the phone, thus bypassing my nephew's status as npower have been doing for years, including in the run-up to my lodging the latest complaint with the Ombudsman). * Npower appealed the decision on the 11/07 (the arrogance of that will strike you once I get the chance to upload the evidence I've been accumulating over the time my nephew has been 'dealing' with them and subsequently), I appealed the decision on the 18/07, which was the day before the final 14 days to appeal were up (N.B. During our 2nd converation, the Ombudsman had told me, whilst prefacing this with "I probably shouldn't be telling you this..." 🤪, that if I left it until the day before, I'd then have another 14 days whilst he considered the 'appeal' and then, even after that, I'd have recourse to appeal to his manager if I felt he'd got something wrong!!..........Yeh right! 🤬). * In the end he rejected both of our appeals and this is the basis of his response on the 01/08/2019, which he'd taken to be a relatively simple billing issue, along with my not having understood my bills and never having paid enough all along (NOPE!):- "Some of the bills are shown differently on the spreadsheets, but the information is the same. For example, on the first spreadsheet there is a bill of £3,032.40 on 4 October 2018. On the second spreadsheet there are three bills issued on 4 October 2018 for £677.33, £678.30, and £1,676.77. These three bills add up to £3,032.40. I appreciate that this can be confusing for customer’s, but this is something I did cover in my original decision. Whilst I acknowledge npower’s point that a manual bill will essentially contain the same information as the bills previously issued, it is the way in which the information is presented that is crucial to assisting the customer to understand their account better. After considering the appeals from you and npower, I can see no justifiable reason to change the decision, which I maintain is fair and reasonable for both parties, based on the evidence I have reviewed. I confirm that Ombudsman Services: Energy’s full and final decision is that npower should: • Issue a letter of apology. • Apply a credit of £120.00 to account 142309111 for the two failed appointments in 2015 in line with the terms of the Guaranteed Standards of Service. • Apply a goodwill gesture credit of £200.00 to account 142309111 in recognition of the shortfalls in service. • Provide the customer with a manual bill to show a clear breakdown of charges, payments, and credits on account 142309111 for the period from 19 February 2013 to 19 February 2019. We have now reached the end of our investigation process and there is no further opportunity to appeal. You now must decide if you agree to accept our decision in full and final settlement of the complaint."   * I haven't accepted it (why would I, when it's based on lies; npower breaching every SLC and Customer Obligation going with me; the GDPR and former DPA; fraudulently altering my data to fit in with their narrative; obfuscating, kicking-up a dust-storm, using bullying and harrasment every time they're challenged, all with the intention of trying to put the onus of responsibility for .managing. my account back onto me and save themselves coming under further scrutiny with Ofgem...though they're so far behind what has gone-on with this company over the years and/or they just don't want to unsettle their "Dear Stakeholders", especially with one of the Big 6; and all whilst I've been finally able to get the very damning evidence together against them?!). I'm about integrity and having a moral compass ~ everything this company isn't and lacks ~ and I will no longer compromise that for anything or anyone, particularly not this shower of 💩s in npower.   So yes @BazzaS I " a) want to take action" and furthermore, I believe I've got a very good case against them with your help.   Again thank you both for your support and I'll start on the bullet list over the week-end and also start uploading evidence (I've got rhemes of it on a USB stick, which I'm currently redacting the important ones of).   GM  
    • Hello.   I have received one of these penalty notices  for a prescription from several months ago.  I usually have a prepayment card but they're saying it may have expired, which it could have done.  Unfortunately, I can't find the card itself so I can't confirm.  I was going to pay the penalty on the grounds I may have carelessly let it expire but on the website for paying it says I may be entitled to free NHS prescriptions as I'm claiming Universal Credit.  I can't recall which elements but I suspect it's child tax credits and possibly something due to not high salary.   I'd never considered that I may be eligible but if this is true, then I may have been buying the prepayment card unnecessarily.  Which makes me wonder if I can avoid paying this fine because even though I ticked the box to say I have a prepayment card, which was technically not the case if it's expired, I may be eligible for free prescriptions.  Assuming I am, which I will try to determine next week for sure, do you think I can appeal the penalty based on the wrong box being ticked but ultimately it not be a fraudulent claim because I am entitled to them free anyway.   Does that make sense?  Your thoughts on the matter are all appreciated.
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I will keep this as brief as possible.

 

 

A letting agent was initially approached to a tenancy and the applicant was asked to provide a 'guarantor' to the rent. My 'client' was willing to stand in that capacity and he completed and signed an application to become the said guarantor. That application was then processed and due to him not having a high enough income his application was refused.

 

The letting agent and LL agreed the tenancy to the son without a guarantor. The son later ran into arrears with the rent and eventually he left the property. The landlord then took to recover the rent from my 'client' naming him to be the guarantor, when the matter got into court my 'client' ask for the obvious.....copy of the agreement that showed him as guarantor, the court ordered the LL to provide that document.

 

LL submitted documents to the Court that were allegedly signed by my 'Client' as guarantor...despite my 'client' objecting very loudly to the fact he had never had sight of the documents prior to that moment, he had to agree the signature did look to be his.

Judgment(s) were given to the claimant (LL) My 'client' was subsequently chased by Sherforce and forced to pay.

 

Still protesting to the fact he had never signed the documents given in evidence to the Court, my 'client' engaged the services of a Court approved forensic handwriting expert.There is now no doubt the signature on the documents has been forged.

 

Being in receipt of state and a small private pension my 'client' was refused legal aid to get this all reopened by appeal and he does not have the finances to instruct a solicitor.

 

It was suggested he simply made a N1 claim to recover the monies he has paid to these Judgments (3) but it has now been suggested he cannot do that until such time as the Judgments are appealed. Full circle..

 

Can anyone offer clarity to the way forward?

 

WD

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Have you considered seeking the help of a law centre or a university law clinic? They are free.

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I'm not sure an appeal is appropriate. The purpose of an appeal is to say that the judge interpreted the law wrong, an appeal court won't re-examine evidence about factual issues (such as whether the signature was forged) and won't take into account things that weren't made available to the original judge. It was really your friend's responsibility to get the expert report done before the judgment was issued.

 

In any event, your friend is presumably out of time for issuing an appeal (the time limit is 21 days).

 

If you can clearly prove fraud/perjury - bearing in mind every report I've ever seen for things like signatures is pretty inconclusive - I think the correct course of action would be to ask for the final judgment to be set aside using form N244. I imagine you'd have to go back to the county court first before appealing anything. Setting aside a final judgment is extremely difficult and would merit trying to get proper legal help.


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What is the value of the claim please? Is it a small claim? If so then there should be no costs associated with the appeal.

 

Do you have the forensic report in writing? Please could we see it - in private if you prefer.

Don't forget the litigation nowadays and especially the County Court is governed by the civil procedure rules and CPR 1 makes it clear that the Overriding Objective is to ensure a just outcome. With this in mind it may be possible to lodge notice of appeal even though it is out of time. I would have thought that if there is clear evidence of a forged document which has been used to pervert the course of justice, then the court would be very receptive to a request to have a look at it all again.


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I'm not sure an appeal is appropriate. The purpose of an appeal is to say that the judge interpreted the law wrong, an appeal court won't re-examine evidence about factual issues (such as whether the signature was forged) and won't take into account things that weren't made available to the original judge. It was really your friend's responsibility to get the expert report done before the judgment was issued.

 

In any event, your friend is presumably out of time for issuing an appeal (the time limit is 21 days).

 

If you can clearly prove fraud/perjury - bearing in mind every report I've ever seen for things like signatures is pretty inconclusive - I think the correct course of action would be to ask for the final judgment to be set aside using form N244. I imagine you'd have to go back to the county court first before appealing anything. Setting aside a final judgment is extremely difficult and would merit trying to get proper legal help.

 

At the time the Court adjourned the initial hearing to allow the claimant to submit his 'evidence', my friend, secure in the knowledge he had not entered into any agreement as guarantor, had no reason to even think he would need the services of an expert.There was an application to set aside but the expert evidence was not available when that was heard, it was the Judges opinion he 'evidence' was conclusive to my friend being the guarantor..right to appeal was refused.

 

The police are involved and they have made an excellent statement of case...they are being stonewalled by the court to getting the original documents (given to the court by the claimant) coupled with that, that the letting agent has since done a runner to New Zealand presents them with a problem of furthering their enquiries but it remains on going.

 

Ps The police are 100% behind the expert's findings.

 

My friend used his life savings to pay the Judgments, instruct the expert etc. and would be more than happy just to get that outlay back and leave the police to decide if criminal prosecution should follow. A straight N1 money claim would seem to be the answer the problem is trying to establish if he needs to overturn the original judgment prior to making such a claim?

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What is the value of the claim please? Is it a small claim? If so then there should be no costs associated with the appeal.

 

Do you have the forensic report in writing? Please could we see it - in private if you prefer.

Don't forget the litigation nowadays and especially the County Court is governed by the civil procedure rules and CPR 1 makes it clear that the Overriding Objective is to ensure a just outcome. With this in mind it may be possible to lodge notice of appeal even though it is out of time. I would have thought that if there is clear evidence of a forged document which has been used to pervert the course of justice, then the court would be very receptive to a request to have a look at it all again.

 

The claim will be approx 5k without costs...yes I have a copy of the report it would not read very well on the forum due to redacting several names, but I will be happy to email you a copy,

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You haven't said whether the time for appealing has expired. Maybe you could confirm this.

 

In any event because it is a small claim, I think that it is worth the risk of making an application to appeal on exceptional grounds. About the worst that can happen is that you will lose your fee for the form n244.

 

We can help you fill it in if you want.

 

I would suggest that you apply for an exceptional leave to appeal on the basis of CPR 1 that the overriding objective requires that the case be revisited.

 

State as part of your grounds for appeal that the court has been deliberately misled by means of forged documents and that there are grave suspicions that there has been an attempt to pervert the course of justice.

 

I think that if an N244 is properly supported with the forensic report and also a police statement then I think that the court would have a great deal of difficulty refusing you. The court would want to exercise its own initiative in respect of perjury and perverting the course of justice.

 

I would also suggest that an N244 would also include a request to amend the defence in order to include references to the latest evidence which had previously been hidden from the court


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Ok now had professional legal opinion on this.. it is the case the previous Judgments have to be appealed and if successful then they can be followed by a claim to recover the monies paid to them. Estimated cost of instructing a solicitor to carry this through is 4-5K. Obviously that sort of money is not within reach to my client, plan B is to approach pro bono barrister. Plan C is to go it alone.

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