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-   -   Some help please? anyone with legal nous? (https://www.cableforum.uk/board/showthread.php?t=33393)

Ramrod 11-08-2005 17:16
Re: Some help please? anyone with legal nous?
 
Quote:
Originally Posted by gooner4life
Thanks Ramrod, no legal representation then?
Only if they want to take things further or if she wants to incur costs this early.......
__________________

Quote:
Originally Posted by Rob C
If she has done nothing wrong, why a need for representation. She's got nothing to hide. From the basic facts you have posted this is a case of mistaken identity or even identity theft where your sister in law is the victim. Simply producing her own bank and similar statements, including the birth certificate and any other idenitification stuff she has should be enough to clear up the confusion.

Of course she should merely present the facts. If there is any adverse cross examination going on, that has a legal basis, warnings to that effect will be issued. If she doesn't like what she is hearing, she can decline to comment, until she has legal advice. I'd cross that bridge if it gets that far.
:tu:

SMHarman 11-08-2005 17:37
Re: Some help please? anyone with legal nous?
 
Remember - to an extent, they are asking questions, you answer their questions, you do not carry on with further information.

Have you ever been to Wales? - "No". for example.

Graham 11-08-2005 19:06
Re: Some help please? anyone with legal nous?
 
Quote:
Originally Posted by gooner4life
the woman at the council said something like "Everybody tries to pull that one" when she said "i havent ever been to wales in my life and this obviously isnt me"
Did she get the name of that woman? If so, I'd make a formal complaint if I were here because that is defamation, ie saying that she *is* a criminal.

I'd echo comments above that witnesses at least, if not a legally qualified person, are an absolute necessity, also get a tape recorder and tell them when they come round that following potentially slanderous comments made by a member of their staff that she is making a permanent record of the interview.

If they object she should tell them that she won't participate without a permanent record and she has every right to make one.

That should help put them on the back foot to start with.

Then when they make any claims about her living in Wales etc, she should demand to see and get copies of all their "evidence" including forms filled in, bank account details, signatures etc. If they can't produce it there she should refuse to discuss it.

Basically she should not let them pull any fast ones and *NOT* sign anything before someone's had a good read through it.

marky 11-08-2005 19:14
Re: Some help please? anyone with legal nous?
 
Quote:
Originally Posted by Graham
Did she get the name of that woman? If so, I'd make a formal complaint if I were here because that is defamation, ie saying that she *is* a criminal.

I'd echo comments above that witnesses at least, if not a legally qualified person, are an absolute necessity, also get a tape recorder and tell them when they come round that following potentially slanderous comments made by a member of their staff that she is making a permanent record of the interview.

If they object she should tell them that she won't participate without a permanent record and she has every right to make one.

That should help put them on the back foot to start with.

Then when they make any claims about her living in Wales etc, she should demand to see and get copies of all their "evidence" including forms filled in, bank account details, signatures etc. If they can't produce it there she should refuse to discuss it.

Basically she should not let them pull any fast ones and *NOT* sign anything before someone's had a good read through it.
bang on but like graham says make sure she tells them its being recorded:tu:

zoombini 11-08-2005 19:47
Re: Some help please? anyone with legal nous?
 
Yes, take a tape recorder with her.

cookie_365 11-08-2005 20:19
Re: Some help please? anyone with legal nous?
 
Quote:
Originally Posted by Aragorn
Assuming she is in England, have a look at the legal aid website - http://www.legalservices.gov.uk/
Or better still their sister site CLS Direct - loads of useful info plus guidance on whether she might qualify for legal aid & if so how to contact a specialist advisor

andygrif 12-08-2005 00:00
Re: Some help please? anyone with legal nous?
 
Quote:
Originally Posted by gooner4life
Thanks Timewarrior much obliged, same to you Ramrod.

She is very concerned obviously and is pregnant so she doesnt need the stress, the woman at the council was very arrogant and treated her like a criminal on the phone.
Definitely make a complaint to the Cheif Executive's office of the Council - a well worded letter naming the individual will suffice. I'd do this after the event, as it's immaterial to the more pressing problem.

Quote:
Originally Posted by Rob C
If she has done nothing wrong, why a need for representation. She's got nothing to hide. From the basic facts you have posted this is a case of mistaken identity or even identity theft where your sister in law is the victim. Simply producing her own bank and similar statements, including the birth certificate and any other idenitification stuff she has should be enough to clear up the confusion.
Sadly, it's the people who have done nothing wrong who are in most need to legal representation. From what the O/P said it sounds like the council will be cautioning her, therefore any information in that interview may be used in evidence. It's also very easy for the most level headed of us to get tongue tied, answer questions too fully, answer questions where we don't fully understand the questions, etc etc. As a general rule if you're speaking under caution (for all but the most minor of issues like parking) and whether you're guilty or not, it's always prudent to have a legal rep present.

This is why it is VITAL that she has representation. The local CAB is the best port of call. It is likely that a good lawyer will write a sternly worded letter to the council demanding that they provide evidence of their allegation (probably dwelling on the subject of emotional distress caused to a heavilly pregnant woman) and the whole thing will miraculously vanish.

Hope it all gets sorted soon.

scrotnig 12-08-2005 00:05
Re: Some help please? anyone with legal nous?
 
When she attends she MUST take some form of legal representation. This sort of tactic is often used by the police themselves, of you making statements voluntarily without being arrested. It means they can easily circumvent all the usual rights you have - you can still exercise them but thye don't have you tell you what they are beforehand like they do when you're arrested.

A trained interviewer will try to trip you up into confessing things you haven't actually done - whilst this can in theory be pulled apart in court it is far better to cover yourself from the outset and take legal representation in with you.

As for solicitors having conflicts of interest - that's fine, find one that hasn't! There are loads about. As has been said already, the CAB are a good place to start, I once did a little admin work for them on a voluntary basis, they are an excellent organisation.

Angua 12-08-2005 00:06
Re: Some help please? anyone with legal nous?
 
Also find out who your local councillor is? This is exactly the sort of thing they were elected to sort out! And, to be on the safe side find out who is the councillor in charge of the finance department.

scrotnig 12-08-2005 00:08
Re: Some help please? anyone with legal nous?
 
Quote:
Originally Posted by Rob C
If she has done nothing wrong, why a need for representation. She's got nothing to hide.
If there's one phrase that should be banned in this country, it's "if you have nothing to hide you have nothing to fear".

Anyone who says this has NO experience of the British legal system and establishment.

Graham 12-08-2005 01:39
Re: Some help please? anyone with legal nous?
 
Quote:
Originally Posted by scrotnig
Quote:
Originally Posted by Rob C
If she has done nothing wrong, why a need for representation. She's got nothing to hide.
If there's one phrase that should be banned in this country, it's "if you have nothing to hide you have nothing to fear".

Anyone who says this has NO experience of the British legal system and establishment.
Damn right.

Unfortunately :(

marky 12-08-2005 01:55
Re: Some help please? anyone with legal nous?
 
Quote:
Originally Posted by scrotnig
If there's one phrase that should be banned in this country, it's "if you have nothing to hide you have nothing to fear".

Anyone who says this has NO experience of the British legal system and establishment.
guilty until proven innocent :td: sounds about right

MovedGoalPosts 12-08-2005 09:37
Re: Some help please? anyone with legal nous?
 
Quote:
Originally Posted by scrotnig
Quote:
Originally Posted by Rob C
If she has done nothing wrong, why a need for representation. She's got nothing to hide.
If there's one phrase that should be banned in this country, it's "if you have nothing to hide you have nothing to fear".

Anyone who says this has NO experience of the British legal system and establishment.
Moving off topic here, but I should point out that I did serve for 15 years with the police, so I do have experience of the criminal system. As a Chartered Surveyor, I also give evidence as an expert witness in civil matters. Thus I do have experience. Particularly in criminal matters, the whole processes are so complex in terms of evidence requirements and procedural matters that conviction is only likely, and indeed a case possible to proceed even to court, where there is overwhelming evidence. Civivil matters offer more latitude as the balance of probabilities can be weighed up by the court and the severity of the matter dealt with by damages.

To return to the matter at hand, if she is cautioned, then yes she should have legal representation. If they do caution her, then she will have the right to stop the interview there and then. Let the council attend, find out what they are actually making acccusations about, and what they want to prove /disprove. It may in fact be something that is very easily cleared up as a misunderstanding.

Maggy 12-08-2005 09:48
Re: Some help please? anyone with legal nous?
 
Sher should go back to CAB tell them what happened about the suggested three solicitors and ask if they have any other solicitors who are NOT connected to the council to recommend.She needs someone to be with her..

Angua 12-08-2005 13:01
Re: Some help please? anyone with legal nous?
 
Quote:
Originally Posted by Incognitas
Sher should go back to CAB tell them what happened about the suggested three solicitors and ask if they have any other solicitors who are NOT connected to the council to recommend.She needs someone to be with her..
The silliest part of all this is the local councils often support their local CAB because they deal with exactly this sort of problem (saves the council employing several people to do this part of the job).:shrug:


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