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    • I feel that people are focusing too much on the OPs property being a council house and putting responsibility on the council to resolve this.   imagine for a moment that the OPs house is privately owned, now what powers would they have to take action on the trees? Pretty much none without taking the tree owner to court right. Well as the trees are privately owned, that is the same power that the council have right now.   the information with the £375 will be inline with high hedges legislation as this will be the only power the council will have and it is common for there to be a charge for this.   this is not a social housing issue, but a neighbor dispute with a private homeowner.   i used to work as a tree officer for a local authority and from experience have seen that people’s idea of dangerous and what is actually dangerous are two different issues. A councils power to enforce tree works are also limited and will usually only be where a private tree poses a risk to the highway, not to another property as that is a civil matter (even where the council own the 2nd property).    With regards to risk to underground pipes, this is something you will be unlikely to successfully argue as various studies have found that unless a tree is planted on top of the pipe and crush it, the roots will not cause damage, but rather only enter through already damaged areas as they are opportunistic, any tree roots in drains are usually a secondary issue where a pipe had existing damage and to resolve it will require a permanent repair to the pipe to prevent recurrence.   the only options i see here are to calculate the height allowed under high hedges legislation (it varies depending on what direction the property faces , the location of hedges etc) and try to enforce that which will involve the fee. Otherwise there is little you can do as the private homeowner has a right to have trees in their garden although they may be liable if they were to cause damage to your property (such as a shed) or the councils property in the future.
    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
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forged signature on data consent form

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Hello

 

I was on a training course provided by a training provider on behalf of dwp while on course i did not sign their data consent form as, I did not agree to what was on it I only put the date on it.

 

I received contact from the company by phone and email also text message so i emailed them telling them to stop contacting me No reply.

 

i decided to contact them via an ico letter asking why they contacted and they provided me a copy of the form and said as ,I signed it they could contact me.

 

on looking at the form my signature has been forged and also my name has been written on form not by me.

I am hundred percent sure its not mine as i only dated the form.

 

I have spoke to ico and they seem bothered how my data is used.

 

What would you people say to do I think its best to write a letter saying that i have received a forged signature and ask them to investigate just not sure what to do now thanks for any advice

Edited by dx100uk
grammer

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Send them a sar and get hold of the forged signature.

Then go to your local police station with a printout of the forgery act.

They will use their favourite punchline "civil matter" but you need to insist that you are in possession of a false instrument as per the above act.

Forgery and Counterfeiting Act 1981 section 1 states:

 

1. A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

 

If you manage to get the police to do their job, your friends who forged your signature will be in a lot of trouble.

The problem is to get the police on board.

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Does the signature match/look similar to yours?

 

As you have went through DWP for the Course I assume you have already signed numerous form before even going on this course so DWP would have your signature on record from the forms you signed.

 

As this is a DWP training Provider they will more that likely have to forward certain information to DWP and that form you supposedly signed being one of them.

 

I would make a Formal Complaint to that Provider but also DWP about the Providers actions

 

Complaints procedure: https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

 

Could you possibly Upload a redacted copy of the Data Consent Form you supposedly signed.

 

Couple of links:

 

Request your personal information from the Department for Work and Pensions:

https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions

 

EU General Data Protection Regulation (EU-GDPR)

http://www.privacy-regulation.eu/en/index.htm

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Send them a sar and get hold of the forged signature.

Then go to your local police station with a printout of the forgery act.

They will use their favourite punchline "civil matter" but

 

you need to insist that you are in possession of a false instrument as per the above act.

Forgery and Counterfeiting Act 1981 section 1 states:

 

1. A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

 

If you manage to get the police to do their job, your friends who forged your signature will be in a lot of trouble.

 

Is it “an instrument”?

Have you checked Archbold??

 

It doesn’t seem to be one of the documents:

 

(a)money orders;

(b)postal orders;

©United Kingdom postage stamps;

(d)Inland Revenue stamps;

(e)share certificates;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(fa ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)cheques [and other bills of exchange ];

(h)travellers’ cheques;

(ha)bankers' drafts;

(hb)promissory notes;

(j)cheque cards;

(ja)debit cards;

(k)credit cards;

(l)certified copies relating to an entry in a register of births, adoptions, marriages, civil partnerships, conversions or deaths and issued by the Registrar General, the Registrar General for Northern Ireland, a registration officer or a person lawfully authorised to issue certified copies relating to such entries ; and

(m)certificates relating to entries in such registers.

 

that S5(5) makes clear are “instruments”

 

The problem is to get the police on board.

 

Indeed. How are you suggesting the OP should demonstrate it is “an instrument” for it to be a “false instrument” for the purposes of the Forgery and Counterfeiting Act 1981, to “get the police on board” for that alleged offence?

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Is it “an instrument”?

Have you checked Archbold??

 

It doesn’t seem to be one of the documents:

 

(a)money orders;

(b)postal orders;

©United Kingdom postage stamps;

(d)Inland Revenue stamps;

(e)share certificates;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(fa ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)cheques [and other bills of exchange ];

(h)travellers’ cheques;

(ha)bankers' drafts;

(hb)promissory notes;

(j)cheque cards;

(ja)debit cards;

(k)credit cards;

(l)certified copies relating to an entry in a register of births, adoptions, marriages, civil partnerships, conversions or deaths and issued by the Registrar General, the Registrar General for Northern Ireland, a registration officer or a person lawfully authorised to issue certified copies relating to such entries ; and

(m)certificates relating to entries in such registers.

 

that S5(5) makes clear are “instruments”

 

 

 

Indeed. How are you suggesting the OP should demonstrate it is “an instrument” for it to be a “false instrument” for the purposes of the Forgery and Counterfeiting Act 1981, to “get the police on board” for that alleged offence?

 

Read the act entirely:

 

Interpretation of Part I

Meaning of “instrument”.

 

(1)Subject to subsection (2) below, in this Part of this Act “instrument” means—

 

(a)any document, whether of a formal or informal character;

 

(b)any stamp issued or sold by*[F15a postal operator];

 

©any Inland Revenue stamp; and

 

(d)any disc, tape, sound track or other device on or in which information is recorded or stored by mechanical, electronic or other means.

 

 

Note point (a)

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As this is a DWP training Provider they will more that likely have to forward certain information to DWP and that form you supposedly signed being one of them.

 

Generally speaking, if the provider is under contract to the DWP, they are designated a "data processor" and the DWP remains the "data controller". So unless the provider receives instruction from the DWP, they will continue doing what they do.

 

That said, if this provider is prepared to forge a signature on a data release form, it begs the question "what other forms have they been forging signatures on ?". Certainly worth a complaint to the DWP, and possibly flag the issue with your local MP. It might be another A4e scandal in the making :!:


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Read the act entirely:

 

Interpretation of Part I

Meaning of “instrument”.

 

(1)Subject to subsection (2) below, in this Part of this Act “instrument” means—

 

(a)any document, whether of a formal or informal character;

 

(b)any stamp issued or sold by*[F15a postal operator];

 

©any Inland Revenue stamp; and

 

(d)any disc, tape, sound track or other device on or in which information is recorded or stored by mechanical, electronic or other means.

 

 

Note point (a)

 

Yet the CPS don’t say “any document, formal or informal”, but refer to Archbold before they’ll consider prosecuting ......

 

https://www.cps.gov.uk/legal-guidance/forgery-and-counterfeiting

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Send them a sar and get hold of the forged signature.

Then go to your local police station with a printout of the forgery act.

They will use their favourite punchline "civil matter" but you need to insist that you are in possession of a false instrument as per the above act.

Forgery and Counterfeiting Act 1981 section 1 states:

 

1. A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

 

If you manage to get the police to do their job, your friends who forged your signature will be in a lot of trouble.

The problem is to get the police on board.

 

 

"prejudice" is defined in s10 of the Act and OP hasn't suffered any under the Act's definition

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"prejudice" is defined in s10 of the Act and OP hasn't suffered any under the Act's definition

 

Exactly:

 

Meaning of “prejudice” and “induce”.

 

(1)Subject to subsections (2) and (4) below, for the purposes of this Part of this Act an act or omission intended to be induced is to a person’s prejudice if, and only if, it is one which, if it occurs—

 

(a)will result—

 

(i)in his temporary or permanent loss of property; or

 

(ii)in his being deprived of an opportunity to earn remuneration or greater remuneration; or

 

(iii)in his being deprived of an opportunity to gain a financial advantage otherwise than by way of remuneration; or

 

(b)will result in somebody being given an opportunity—

 

(i)to earn remuneration or greater remuneration from him; or

 

(ii)to gain a financial advantage from him otherwise than by way of remuneration;

 

 

Section 10 (b)(i) and (ii).

Using the op data consent they will be given the opportunity to earn remuneration by trying to sell something to the op.

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Section 10 (b)(i) and (ii).

Using the op data consent they will be given the opportunity to earn remuneration by trying to sell something to the op.

 

Far too remote. Not even close to being within 10 (b). OP hasn't said anything about anyone trying to sell him anything. The police are not going to go around and arrest the training provider based on a strained interpretation of the definitions in the Act.

 

This thread isn't a seminar on the law, it's giving practical advice to the OP. Going to the police with a printout of the 1981 Act, as you recommended, does not seem very helpful to OP. The ICO seems a rather more productive approach.

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The training course sells nothing to the op.

 

This is to do with the training provider reporting back to the dwp with results

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Far too remote. Not even close to being within 10 (b). OP hasn't said anything about anyone trying to sell him anything. The police are not going to go around and arrest the training provider based on a strained interpretation of the definitions in the Act.

 

This thread isn't a seminar on the law, it's giving practical advice to the OP. Going to the police with a printout of the 1981 Act, as you recommended, does not seem very helpful to OP. The ICO seems a rather more productive approach.

 

If they do anything at all.

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The training course sells nothing to the op.

 

This is to do with the training provider reporting back to the dwp with results

 

Why would the op complain then?

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Because they say the company has forged their signature.

 

Its not a police matter under the fraud act as their is no gain or loss.

Your banging on about that.

The op was not.

Recourse is ico complaint

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Hello people

 

Thank you for all of your replies

 

I have the form and uploadedit below, it is a data consent form. what it means is that they can contact me by phone ,sms,email also they can contact an ((employer)), when you find work.

 

what i gather is that if the form is not signed the person will not be able to stay on the course, as they cant pass your information on to the college to fund the course just got told this last week.

 

I think this is how they are paid but unsure all i was bothered about was them pestering me and contacting an employer was very bad in my option I have never had this happen to me and think its very bad but they should not be allowed to do this

 

Thanks for any help

 

People I have had issues with image and cant edit post here is my image

 

tvDwLK5.jpg

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A bit intrusive if you ask me, there are points clearly needed for the course purpose, but then the others are for their own good (contacting you about other courses for example).

There should have been boxes to tick like on the last point.

However, if they really have forged your signature I would take them down.

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company do claim money from us using my signature but its quite hard to understand how they work as they do not make it easy I have a next stage complain pending and am contacting mp also at some stage

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In future, rather than leaving any boxes blank, write either "Rejected" or "Refused", and do the same with any clause that you find objectionable. If anyone complains, instruct them to take it up with their legal department or a senior manager.


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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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