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    • The mini electric vehicle being made by China's biggest carmaker is now outselling Tesla two to one. View the full article
    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Benefit fraud publicity


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So until this became an issue for you, you didn't notice these kinds of cases. No doubt others will be the same.

 

 

If it happens you'll have no choice but to deal with it, but no point worrying about something that

 

 

1. May never happen.

2. Is outside your control.

 

 

I'm a great believer in not worrying about things you can't do anything about.

 

+1

 

As Caro is spot on with the above...

 

As hard as it is, do try, to not worry & fret yourself into a state, as you need to stay strong, as you do not know as yet which way this will go.

 

You can't undo what's happened sadly, but in time to come, hopefully this will be resolved shortly & you will be able to move onwards from it!

 

Good luck!

I don't suffer from insanity, I enjoy every single minute of it!!

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I am worried about your psychological well being here.

 

Whatever happens, I would hope that your family and friends care more that you are alive and well than having made a mistake and done something "Stupid"

 

You might find it helpful to talk to your GP and discuss how the case is making you feel. Having someone to talk to who will be impartial and non judgmental may help you get through this.

 

Just remember, You have admitted to making a mistake. Everyone makes mistakes. What defines a person is how they deal with their mistakes. And it is not always easy. Look to it as a challenge to overcome.

 

Also if the worst happened and ther was publicity. Take the power out of their words. If you are open and honest about your mistakes and as it appears here genuinly remorsefulthen those words are powerless!

 

Please get some medical advice as well as the legal. With any luck you can fix things and come out of this in a better position.

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Yes. I am sure your friends & family would rather help you weather the storm than you do something stupid or even know that you faced this alone.

Please tell the interviewer what you have said about how you feel. It won't stop them taking action but it's important they know.

There are people who can help- if you have savings it may well be worth investing a bit if them in legal rep. Solicitors can and do make representations to councils in clients behalf and what they say is often taken into account when making decisions. A solicitor will know if it's worth you submitting medical reports etc.

 

Anyone who claims they have never done anything stupid that they regret in their lives is a liar. Yes you have made a mistake but you can do something to make it better.

 

Chin up, deep breath & ring that solicitor x

Please do not ask me for advice via PM as I will not reply.

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Thank you all for your kind words.

I just wrote an essay and then deleted it because I fear giving too much information. I really do appreciate your time and advice.

Still got time yet so weighing up my options, pros cons etc.

 

Thanks everyone

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Thank you all for your kind words.

I just wrote an essay and then deleted it because I fear giving too much information. I really do appreciate your time and advice.

Still got time yet so weighing up my options, pros cons etc.

 

Thanks everyone

 

The pro's and cons of....? If it is taking your own life please get help. see your GP, phone the samaritans or contact the emergency mental health team in your area.

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

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Well you know that folk here will help. You are very right to make sure that you don't give too much detail & In turn lose your anonymity though.

Take care

Please do not ask me for advice via PM as I will not reply.

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Thank you all for your kind words.

I just wrote an essay and then deleted it because I fear giving too much information. I really do appreciate your time and advice.

Still got time yet so weighing up my options, pros cons etc.

 

Thanks everyone

 

Fludro,

You were 9/10ths of the way there....... Come on let us help you. ....

You've made the "Biggest" step by posting this thread.

 

You will have to trust me on this one; But 4 and a bit years ago I could hardly face the next day. ....

 

Now I can't believe what I was thinking.

 

I'm with all the above advice. ... Let us help... Please !

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I'm not very hopeful about how this will all turn out, councils are only interested in getting a result. This is what I see for my future:

 

Court case, fraud conviction, possible prison, criminal record. every one knowing my business, no money left plus debt, probably lose job, probably lose rented accommodation (when landlord finds out).

And after all that crap settles down I’m still middle aged with a chronic disease.

 

 

 

I could probably just take what’s coming after all I should have expected it really. I don’t actually care about money they can take everything I have, I read even if you pay back everything they still take you to court to set an example of you. It’s the process and the drama of it all. I’m exhausted just thinking about it. I just want them to send me a bill and then I can move on.

 

How long does the whole process take from start to finish on average?

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I'm not going to lie to you & give you false hope.

Firstly, yes paying it back won't stop them taking you to court. However it is taken into account by magistrates when sentencing. First offence - you won't get a prison sentence. Trust me on that

You might not be prosecuted. It being a first offence you might get a conditional discharge. The case may not interest the press and then if won't get reported.

If you get a conditional discharge it becomes spent very quickly.

Your landlord can't evict you because you got prosecuted.

 

You need a solicitor. You really do

 

 

The process time varies from area to area. Our local courts are backed up so that causes delays. As a ball park I'd say it takes 4-6 months.

Please do not ask me for advice via PM as I will not reply.

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Thanks for the information, yes first offence, never even had a parking ticket.

I wonder if I really would need a solicitor as I don't need anyone to defend me, I will just tell it how it is and take what comes.

I could pay it all back today but it wont stop anything so I should probably just donate it all to you good folks where at least some good will come from it.

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Well consider if you need one if you make it to summons stage.

 

Have a think what you want to say at the IUC- write yourself a list to take along so you don't forget.

 

You made your mistake & now you are dealing with it. You will get through this.

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Please do not ask me for advice via PM as I will not reply.

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A close family member stupidly committed and got caught for benefit fraud...subsequent court case was reported in the local rag,,and quite comprehensively too,,,name,amount,consequences etc.

I think it's pot luck if it's a slow 'news' day.

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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A close family member stupidly committed and got caught for benefit fraud...subsequent court case was reported in the local rag,,and quite comprehensively too,,,name,amount,consequences etc.

I think it's pot luck if it's a slow 'news' day.

 

Yeah, that,s what I am expecting too. Did they get through it all ok and how are they now?

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If it is reported then there usually is those details. I would estimate that about 25% of the ones that my council prosecute are reported.

Please do not ask me for advice via PM as I will not reply.

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Thanks for the information, yes first offence, never even had a parking ticket.

I wonder if I really would need a solicitor as I don't need anyone to defend me, I will just tell it how it is and take what comes.

I could pay it all back today but it wont stop anything so I should probably just donate it all to you good folks where at least some good will come from it.

 

A solicitor would help you to present your case at the IUC, giving you the best chance of avoiding court. Also, while repaying the money won't, in and of itself, guarantee that no further action will be taken, it certainly won't do any harm to your case.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Thanks everyone for your time and advice I really do appreciate it, I don't have anyone else to talk to. I think I might just see what comes of it, I might stay strong and get through it and try get back my life (not that I really have one). I am comforted by the fact that I always have 'options' so I think that knowledge might possibly get me through this if I take it in small steps. Got a couple of weeks yet anyway.

 

I wanted to ask if anyone thought a letter from the doctor might be helpful? Maybe a brief summary of my condition etc? Would that be even slightly helpful do you think?

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I can offer some insight. A male relative was prosecuted by the DWP. He elected to go to trial in Crown Court. He was found guilty and ordered to prison for 12 months, 6 of which were to be suspended. The only time that his case hit the media was when he was convicted in court. It appeared in a couple of the nationals the following day, in all of the weekly locals and it even featured on the news both on the radio and the 6pm local TV news on the day he was convicted.

 

 

He told me that when he arrived in prison after being processed, he was well received by the other prisoners as though he was a national hero!!!

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I can offer some insight. A male relative was prosecuted by the DWP. He elected to go to trial in Crown Court. He was found guilty and ordered to prison for 12 months, 6 of which were to be suspended. The only time that his case hit the media was when he was convicted in court. It appeared in a couple of the nationals the following day, in all of the weekly locals and it even featured on the news both on the radio and the 6pm local TV news on the day he was convicted.

 

 

He told me that when he arrived in prison after being processed, he was well received by the other prisoners as though he was a national hero!!!

 

National papers AND the news? You probably don't want to give too much information I understand but what had he done to get that?

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Yes, I think a Drs letter can only help

 

Might give it a try, if they send me to prison they need to know all about my meds and when I need to take them etc lol

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Well if you get a solicitor they might be able to reassure you that you are unlikely to go to prison.

 

Think positive x

Please do not ask me for advice via PM as I will not reply.

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National papers AND the news? You probably don't want to give too much information I understand but what had he done to get that?

 

National news has to be either high value or a very very unusual case.

Please do not ask me for advice via PM as I will not reply.

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In his case he had to repay all the money (he had to do it all at once because he had the means to do so)..got fined £250 and got 240 community service hours and 6 months inside suspended for 2 years

He declared he was suffering depression (he wasn't),,that he had a gambling addiction (he hasn't) and he was grieving for our late parents (who had been gone 17 and 15 years0...and all other excuses he could think of except admitting the truth,,he carried on claiming HB & Ctax benefit in spite of a huge insurance payout for an accident at work. It took them 4 years to catch him.

Personally,,,in his case,,I'd have given him a lengthy custodial sentence,,got all the money back and any other harsh thing I could do to him.

His was just greed,,plain and simple greed..and Karma bit his backside.

He's convinced I 'dobbed' him in,,I didn't,but I'd shake the hand of the person that did lol

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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In his case he had to repay all the money (he had to do it all at once because he had the means to do so)..got fined £250 and got 240 community service hours and 6 months inside suspended for 2 years

He declared he was suffering depression (he wasn't),,that he had a gambling addiction (he hasn't) and he was grieving for our late parents (who had been gone 17 and 15 years0...and all other excuses he could think of except admitting the truth,,he carried on claiming HB & Ctax benefit in spite of a huge insurance payout for an accident at work. It took them 4 years to catch him.

Personally,,,in his case,,I'd have given him a lengthy custodial sentence,,got all the money back and any other harsh thing I could do to him.

His was just greed,,plain and simple greed..and Karma bit his backside.

He's convinced I 'dobbed' him in,,I didn't,but I'd shake the hand of the person that did lol

 

Thank you for your reply, just out of curiosity what was the amount?

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