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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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pottyprincess

Benefit Fraud - Under Investigation

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Hi Shoelover

 

So after the interview, does the info thus far, get put in front of the fraud manager, or does the investigator still carry on finding out anything, if there is anything to find out.

 

Then when more info is gathered, does it then go before the fraud manager?

 

Sorry what are DM's?

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Sorry just thought about something else, I don't want to confuse matters, but as h has nothing to hide, but is a nervous wreck, I was wondering if we could request another interview, my h is going to love me for suggesting this, and go through some questions and answers as to the last round of work, and also explain the amounts on the bank statement, rather than let the solicitor just do whatever, as in not submitting the statements, I think that looks like h defo has something to hide, and then they can get the statements anyway, but that would take longer and then h looks like not to have co operated etc, making everything much worse.

 

Why couldn't it just be kept to the simple facts, h informed of the change in circumstances via a letter, and commenced work, thinking he was not doing anything wrong, this caused an overpayment, to which can be paid back immediately, and with extra, should they see fit, why is this going into another dimension?

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Sorry, ignore me, I was just being a bit thick, I know what DM's mean.

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DM's and Fraud managers can be thought of as one and the same thing really, They basically look over the evidence and then make a decision as to what course of action to follow.

 

When I had my ICU any further contact I had was with a DM.

 

If you are going to send in your statements then a covering letter with them explaining any large sums of money (with proof if possible) would save them time and money would probably be ok,

 

When I sent in my supporting evidence concerning my income/expenditure of the self employment I was doing was also supported with notes which explained where the figures for my costings came from. They accepted this evidence.

Also you said that H had periods between jobs, I had the same in my SE and they did not take that time into consideration so any benefit I had during the breaks was not counted.

 

As for solicitors there are some that specialize in benefit fraud cases and they are more knowledgeable than the everyday solicitor that you normally see. There's nothing to stop you from changing your Solicitor if you wanted to.

 

The solicitor I had did specialize in benefit fraud and she knew exactly how to approach the interview.

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The fraud manager and DM are not the same at all. The DM looks at benefit legislation and the fraud manager looks at the "criminal" side of things.


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

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My mind is boggling, so need to have a break from this stuff going round in my head.

 

What should have been a simple explanation, is turning into something nightmares are made of.

 

If only h, could orate excellently, then this maybe would not be snowballing, that is what I feel.

 

If only they would allow me to speak to give them exactly what happened, when and why etc, it would be clear, but maybe they would still investigate further.

 

They obviously think there is something to hide, but there isn't.

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Sorry for delay PottyPrincess, I'm sure you're not potty though.

Yes I was accused, like you, of drawing benefit when working but at the time the word was just a few hours a week. I also worked in the EU unofficially.

 

I was so angry because, I wasn't doing anything wrong but the person who I spoke to was like one-eyes, you know, can't see anything but what she thought she knew.

 

After I went to the MP and the paper, it was dropped within a week. I told them they were clearly working on inaccurate information and refused to consider this. I then said that I would no longer try to give this information to them, as I had tried already without success, and it was refused but I would (and have) provided this to my MP and the newspaper. I did not give my MP's name nor the newspaper name.

 

I got a letter (very standoffish and unfriendly) saying the matter is now dropped and no interview will be required. My benefit however has stopped.

 

One person who helped me sort it out works for a lettings agency consultancy, who provide lots of services to help both agents and landlords, anyway they are on the side of tenants too. I was renting.

 

Hope you get somewhere.

 

Zanderland

Edited by honeybee13
Agency name removed.

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I think the benefits system is too complicated… it must be dreadful for people who work on a freelance basis, as they may only have a small handful of jobs per year and every time they inform of this, their benefit gets stopped and then they have to re apply, etc… It would be much easier if they could review a person's income annually and deduct any benefits to which the person was not entitled. This way, there would be continuity of income and debts could be paid.. TB

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Thank you Zanderland and ThedaBara, for your comments.

 

I will check in from time to time and let you all know how it is going.

 

For now I need to get my head out of this mess and concentrate on my work.

 

Thank you all so much for all your help and advice.

 

I will keep in touch.

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Good luck! TB

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Thank you Zanderland and ThedaBara, for your comments.

 

I will check in from time to time and let you all know how it is going.

 

For now I need to get my head out of this mess and concentrate on my work.

 

Thank you all so much for all your help and advice.

 

I will keep in touch.

 

 

I think that's wise.. You have done all you can. Hope things improve for you xx


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

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