Inncorrect data influenced Tribunal & Magistrates Decisions.

[hayclan]

Hi, Was hoping someone could advise please. Evidence given to the Tribunal and then to the Magistrates Court, (by way of a statement) from the Data Controller of an energy Co is incorrect and is provable! I was found guilty of Benefit Fraud by the Tribunal and then the Magistrates Court due to failing to 'notify a change in circumstances' ( I had no relevant change in circumstances) The incorrect data provided by the Energy Co had a substantial part to play in me being found guilty, I am no scholar nor mathmatician so failed to notice the 'error' I had a Solicitor for the Magistrates hearing and he also failed to notice it. I have had no choice but to become a Litigant in Person for my appeal (due to many other failings by my solicitor). Firstly, are Data Holders held to a higher standard than your average Joe so to speak? Regardless as to whether my appeal succeeds or not do I have a cause for complaint? Also..
I informed my Solicitor ( I am legally aided ) that I no longer required his services etc and asked for a date as to when I could collect my paperwork, after a few weeks (Appeal is in 4wks) he decided to answer me saying that he cannot give me anything yet as he has to wait for the Judge to 'sign off' on the Legal Aid and until that is done he is still duty bound!!( he also informed me that he would be out of the office until after the date of my Appeal) please anybody is that true?? He has effectively left me with none of my proof for my defence.
Thank you for your time.

[stevemLS]

Re: Inncorrect data influenced Tribunal & Magistrates Decisions.

I don't really understand what you are asking.

You were convicted in the Magistrates Court of failing to notify a change in circumstances? Were you charged under s111A Social Security Administration Act 1992?

Which benefit was it?

What does data held by the energy company have to do with the benefit fraud matter?

I am surprised you got public funding (legal aid) to deal with this. However, I imagine what your solicitor means is that he has to keep the file until the costs are approved. That should not prevent you getting hold of a copy for the purposes of the appeal.

What was the issue before the Tribunal?

I take it you are appealing against conviction to the Crown Court? That is quite a daunting prospect for a litigant in person.

[Kati]

Re: Inncorrect data influenced Tribunal & Magistrates Decisions.

Is this to do with this thread Hayclan - http://www.legalbeagles.info/forums/...2-HB-CTB-Fraud ?

[stevemLS]

Re: Inncorrect data influenced Tribunal & Magistrates Decisions.

Appeal against conviction in the Magistrates is always to the Crown Court. It would be heard by a Judge sitting with two Magistrates. The confiscation order application would have nothing to do with that.

(Thanks Kati for making the link!)

[nemesis45]

Re: Inncorrect data influenced Tribunal & Magistrates Decisions.

Hi,
What is the nature of the incorrect data?
A Data Controller has to ensure that the processing/storing and sharing of customers data is correct and up to date.
The solicitor legal aid provided or not must still act with the clients best interest in mind, to say he/she will be out of the
office until after the appeal date is totally wrong your case should be passed to competent colleague within the law firm.
if the solicitor is a sole " trader he must make sure your needs are met.

So if this solicitor is part of a partnership I suggest making a complaint to the senior partner/practice manager asap, deliver by hand if possible.


nem

[hayclan]

Re: Inncorrect data influenced Tribunal & Magistrates Decisions.

Thank you all the above & sorry for delay. I was prosecuted for failing to inform etc, the lA said I'd moved out my house but I hadn't. I'm allowed to be away for up to 13 wks and was never away for more than 4wks at any given time. The most damning evidence used against me came from the data British Gas provided, they claimed that from 30/12/11 - 1/3/12 I used so & so Kwh costing £1018.00 at the address the LA say I moved into and BG said I was the account holder, none of that is true, the house in question doesn't even have heating and I have the actual Annual Summary showing that from 31/12/11 - 30/11/12 the cost was £301.00 the dates include the above period, BG made other 'errors' of which I have proof. I contacted BG and told them the harm they caused me by the incorrect data and showed them proof of the real costs with their own bills but they refused to correct the misinformation and on the 11th hr even sent the prosecution a letter confirming that the data supplied was correct! It really is ludicrous.

[hayclan]

Re: Inncorrect data influenced Tribunal & Magistrates Decisions.

Yes Kati. The Judge wouldn't give permission to transfer the legal aid to a different Solicitor so I had no choice but to be a Litigant in person less than 3wks before my appeal. The LA have since decided not to go for a Confiscation Order which was bizarre in the 1st place as I am on a means tested benefit with no savings or assets etc but the investigating officer made it personal due to me having to phone the police on him.
Thanks