The world of fraud is still a big one and at one time or another in your life, you may find yourself on the receiving end of a scam or you may be accused of fraud and will need legal help.

In the following list, key areas are highlighted where you would typically need to seek the advice of a fraud solicitor.

HMRC investigations

The most common reason why people are investigated by HMRC is related to simple errors on their tax returns; if you have a larger business, an accountant can be worth their weight in gold in this instance!

But if you find yourself accused of tax fraud, then it is important to seek the advice of a solicitor who is trained in this specific area of the law, to help clear your name and ensure that this error does not occur again.

Investment scams

More people than ever before are choosing to invest their money via apps and online services. Unfortunately, this has opened the door for investment scammers who may pressure people into investing money that they do not have, with no evidence that it has been placed into stocks or bonds.

If you think you have been scammed, seek legal help.

Money laundering

Money laundering is simply the cleaning of money or making it look as though it was obtained through legal activity when it was the result of criminal activity, such as drug dealing.

If you run a company and one of your clients is being investigated for money laundering, you will be investigated by default and should seek the advice of a solicitor who has an in-depth understanding of fraud law in the UK. Alternatively, you may suspect that one of your clients or partners in a company is engaging in this activity; if so, you should report it.

Immigration fraud

With students studying in the UK from overseas and many people working in the UK from other countries, immigration fraud has had more barriers put in to ensure that people are not living in the UK illegally.

However, having an out-of-date visa is not the only example of immigration fraud; if you suspect that your employer is hiring illegal immigrants, then you should report this to the police and a solicitor who is trained in this area. The same reporting system applies in relation to facilitating the illegal entry of migrant workers, failure to comply with conditions of entry and simply entering the country with no visa and without planning to leave.

Although, if you are legally living and working in the UK, it may also be worth staying in regular contact with such a solicitor, so they can update you on any changes that may occur revolving around your visa and UK law.

Identity theft

In 2021, identity theft showed no sign of vanishing, particularly among groups of elderly people or those who would be considered vulnerable. In fact, it costs the UK billions of pounds every year!

If you have a suspicion that your credit or debit card has been cloned, or that a credit or debit card has been taken out in your name you should contact a solicitor who specialises in fraud.

Alternatively, you may have had goods ordered from the internet or a catalogue in your name without your consent, or even mobile phone contracts. These are also examples of identity theft and should be reported to a solicitor and the police.

2021 has been a busy year for almost everyone; as government restrictions ease, people have been out and about more, going back to work and engaging with others online and by phone.

But this has created a spike in an issue that many people don’t think about or believe will never happen to them; scams.

According to the Federal Trade Commission (FTC), £2.3 billion has been lost to scams in the last year globally (2020-2021) and as a result, many people have lost savings, earnings and other important funds.

So what are the most common scams of 2021 and how can you spot, avoid and report them? A fraud solicitor answers below.

Phishing

By far, still the most common of all scam types globally are phishing scams.

These occur when false emails, texts and phone calls are placed, trying to get you to reveal private information, such as your credit card or debit card details.

Phishing schemes also include emails containing false invoices from well-known companies that you haven’t ordered from.

These have become such a problem for banks that a myriad of letters and emails have been released stating that a bank will never ask you for your bank card or account details. So, be aware and if you suspect such a scam, contact the police and a solicitor trained in fraud to try and get some of the lost funds returned.

Fake government agency

There was a common scam that used the guise of HMRC to alert people that they owed tax; this typically occurred via phone calls, pressuring people to pay money. Understandably, this is a very scary scam as not paying tax can result in prison time, so many people fell victim to it.

However, much like banks, HMRC has released statements saying that all of their communications on such matters are done via letter and they will never pressure people to pay money in such a way. Once again, if you suspect that you have paid into such a scam, contact the police.

Other phone scams

But with scammers, there is a lot of creativity used to get access to your money; many may pretend that they are calling from a company that will be able to fix your credit score, or even a charity looking for donations; this is more common around the Christmas period.

As before, charities typically ask for donations via letter and it is not likely that a company will fix your credit score for a fee.

So, stay alert and double-check all people who call you asking for money. If you are unsure, hang up the phone!

Tech support

This occurs more via email and using pop-ups; a virus has been detected on your computer and you need to pay money to have it removed.

This allows scammers access to your bank or credit card account details. To avoid this, never provide remote access for your computer and avoid using public WiFi.

Online store scams

Buying online is common, but some people have fallen foul of scams involving fake online stores that have stolen their credit card information and run up the bill.

Never transfer money via wire transfers and always check the legitimacy of a store before purchase.

We all love receiving gifts, whatever the reason or occasion! But what if you receive something that, despite the giver’s best intentions, you don’t like, or something which turns out to be faulty? Can you return the items and get a refund?

The answer is that without a receipt there’s not a lot you can do, although a local charity may well appreciate it! However, if you are not shy in asking for a receipt, or the giver of your present has offered you the opportunity to change the item if you don’t like it then that is a whole different ball game.

With so many of us shopping online now, it’s not just a question of taking something back to the shop with a receipt. What are your consumer rights in relation to items that have been shop-bought or bought online whether by you, or by someone else buying you a gift?

A new statute was introduced known as the Consumer Rights Act 2015 which became law on 1^st October 2015. This statute was specifically introduced to simplify, strengthen and modernise the law, giving you clearer shopping rights. It replaces three previous statutes and includes rights in relation to items bought online and digital downloads.

Product Quality 

As with previous legislation, under the Consumer Rights Act all products must be of satisfactory quality, fit for purpose and as described.  

The rules also include digital content in this definition. So, all products – whether physical or digital – must meet the following standards:  

• Satisfactory quality.  Goods shouldn’t be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods. 
• Fit for purpose.  The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods. 
• As described.  The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

If what you’ve bought doesn’t satisfy any one of the three criteria outlined above, you have a claim under the Consumer Rights Act against the retailer (seller) as opposed to the manufacturer. So, any fobbing off such as ‘we have to send the item back to the manufacturer’ can be ignored.

What you can claim, depends on how much time has passed since you physically took ownership of the goods. You also need proof of purchase such as the receipt.

30-day right to reject

Under the Consumer Rights Act you have an absolute legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund – as long as you do this quickly within 30 days of taking ownership. You take ownership of the goods when you pay for them in a store and take them away, or when the goods are delivered to you if you’ve paid online.

Outside of the thirty days – Repair or replace

If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described. 

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund, or a price reduction if you wish to keep the product.

The first six months

If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it – unless the retailer can prove otherwise.

If you’d prefer to keep the goods in question, you can request an appropriate price reduction.

Six months or more

If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time you took ownership of it. In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range. 

You have six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland. 

Digital content

The Consumer Rights Act defines digital content as ‘data which are produced and supplied in digital form.’

Just like goods, digital content must be:

• of satisfactory quality
• fit for a particular purpose
• as described by the seller.

If digital content does not conform to these criteria, you have the right to a repair or replacement of the digital content you’ve bought. 

So effectively, the 2015 statute is a very useful piece of legislation to protect your consumer rights not only relating to purchased items but also in respect of the supply of services as well.

However, what happens if the item is not faulty, but you simply don’t like it? Can you get a refund or exchange it?

Most stores, online or otherwise, will give you a period of time to get a refund in such circumstances. Some offer such a high level of customer service that they will give a refund on returned goods after a ‘reasonable’ period of time provided the returned item is as new and a receipt is produced. But beware, they do not have to legally do so outside of their specified deadline.

If you are finding that a retailer is not being very co-operative, it’s useful to mention that you ‘know your rights under the Consumer Rights Act 2015’. This should nudge them into compliance with the law, but if they are being extremely stubborn and you feel you need additional help then engaging a suitably qualified and licenced Paralegal can be a much cheaper option than using a solicitor. Paralegals can do most of the same work as solicitors (with a few exceptions, known as reserved activities) and charge considerably less. Ensure your paralegal is licenced and registered with a membership body such as NALP (National Association of Licensed Paralegals).

ABOUT THE AUTHOR
Amanda Hamilton is Chief Executive of the National Association of Licensed Paralegals (NALP), a non-profit Membership Body and the only Paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England). Through its training arm, NALP Training, trading as National Paralegal College, accredited recognised professional paralegal qualifications are offered for a career as a paralegal professional. 

See: http://www.nationalparalegals.co.uk and https://www.nalptraining.co.uk/

Twitter: @NALP_UK

Facebook: https://www.facebook.com/NationalAssocationsofLicensedParalegals/

LinkedIn – https://www.linkedin.com/in/amanda-hamilton-llb-hons-840a6a16/

Ensuring your rights are upheld

Sexual offence allegations of any sort can have a potentially devastating effect on the accused as well as anyone around them, both within a social and professional sense. This is why anyone accused of a sexual offence must know when to contact their sexual offence solicitor for help and guidance through what is likely to be a traumatic and stressful ordeal.

Given the complexities of sexual offences, a good solicitor will work tirelessly to pull together all the testimonies and evidence needed to portray their client in a positive light and make sure all the legal processes, such as questioning, are carried out in a fair and legally responsible way that protects their client’s interests.

What is a sexual offence allegation?

Sexual offence allegations can cover a massive range of offences including rape, sexual exploitation, grooming, child abuse, indecent images, sexual assaults and historic sexual allegations.

Because it is such an expansive area of law, it is always advisable to make sure you hire a solicitor who specialises in cases that are similar to that which you have been accused of to get the best possible representation.

A large part of what a solicitor will do in a sexual offence allegation involves collecting evidence and extensively reviewing any evidence that is being called into question. They will also interview witnesses to try and find any discrepancies that would help counter the allegations that have been made against you.

Care in the station

Often, those who are accused of a sexual offence allegation have never come into contact with the police before; this can make the whole ordeal far more traumatic if they are visited or called suddenly and asked to come in for questioning.

If you are contacted by the police and told you are a person of interest or that you need to answer some questions, you should always call up your solicitor as quickly as possible so that they can be by your side throughout everything and help you both understand the process. Furthermore, by doing so, you can avoid making matters worse for yourself unknowingly.

What should you do if you have been wrongly accused of a sexual offence?

The short answer to this is to simply call your solicitor at the earliest possible convenience.

Even if you are 100% sure of your innocence, you must get a legal support network in place so that matters can be resolved quickly and without causing any disruptions to your professional or social life.

Under no circumstances should you ever attempt to make contact with the person who is accusing you of a sexual offence since this has the potential to only make matters worse. You should, however, make sure that any communication between yourself and the accuser is saved and logged so that your solicitor can provide clear evidence of any communication.

Given the sensitive nature of sexual offence allegations, the sooner you get in touch with a reputable solicitor, the better your chances are of having fair and proper legal representation.

There are many things in life that you can either do yourself or hire a professional for, and although their services are usually sought at a time of grief, the services of a probate legal representative is not that different from hiring any other professional. You have to consider three factors; your skills, the complexity of the job and the cost of the professional.

Assessing your skills

Getting legal support is very much dependent on you and your skills. If you are a registered member of the Law Society and currently have some spare time, then, of course, you have all of the skills and expertise to carry out even a challenging probate case.

But, assuming you’re not, the skills that will be useful are strong organisational skills, particularly with paperwork, attention to detail and communicating with banks and the probate office. Before committing to navigating probate yourself, it is important to be honest and aware that, if you are experiencing grief, it is easy to become overwhelmed.

The complexity of the estate

Not all journeys through probate are the same, and some are so trivial that they do not involve having to engage with the probate office at all. The first step is to estimate the total value of the estate; if it is below £5000, probate is unlikely to be required. Even if there is no will, the next of kin and rules of inheritance will come into effect, and you would have to distribute the assets accordingly. Any form of legal dispute would probably be more expensive than the inheritance itself, and as long as the principles of next of kin have been followed, any legal dispute would be frivolous if there is no will.

Estates above £5,000 in value but below the inheritance tax threshold can be highly variable; they can be simple in the presence of a well-written will or if there is a living spouse. But they can also be highly challenging with assets having been spread out in multiple bank accounts in various nations or if there are in-laws, stepchildren or adopted children involved.

If the estate exceeds the inheritance tax thresholds, it is highly recommended that you gain legal guidance; failing to pay inheritance tax has legal ramifications. It is also likely that not all assets will be tax optimised. Additionally, if there is any dispute related to inheritance or the size of the estate, this would justify actions in court.

Possible cost

Some will-writing services, such as life insurance policies or savings accounts, will include legal advice as a perk of their product, so you should check these first when it comes to managing an estate of someone who has passed.

There are many ways that probate solicitors Portsmouth charge for services that can make comparison tricky. Many will charge a percentage fee of 1% to 5% of the total estate, whereas others will charge an hourly rate based on the quantity of work. Some charge both, but that does not necessarily mean they are more or less expensive. Furthermore, you should be aware that most solicitors will quote you a price not including VAT, so when hiring someone to manage probate, it is best to be cautious and hire those who are upfront about fees.

Asking for financial assistance is hard, especially if you have no idea how to do it. If you want to avoid embarrassment, you must be able to tell people that you need help. However, asking people to help you when you really need it can be difficult. Asking for financial assistance can be a scary proposition. Here are some helpful suggestions for making the call to ask for financial aid, as comfortable as possible:

Make your intentions known. This is perhaps the most important thing to do when asking for financial support. Asking friends or family members for a little help can be embarrassing, but try your best to keep your situation from getting worse. Explain the stakes, and be humble.

So what should you do to make the conversation more comfortable? Here are some quick and effective tips: Prepare your questions and statements ahead of time. Practice asking your question(s) in front of a trusted friend. Come up with an answer for each question you plan to ask during the conversation. These are just 5 tips that will make your conversation a lot more comfortable.

If you are afraid of coming across as needy, you should remember that asking friends and family members is just fine. You do not have to talk about your financial situation during the entire conversation. In fact, you can just give them brief information about it. Just make sure that the information you are sharing is no more than the bare minimum. If they think you have a genuine need for help, you would feel comfortable enough to share more information about your situation.

When asking friends or family members for monetary help, make sure that you always address them by their first name. Asking them “how’s the kids” or “where’s the next party?” is too much information for a simple hello. Asking them about your situation should be done in a light, friendly manner. Asking someone for financial help if you are already at your wits end can be quite uncomfortable for everyone involved.

Remember that asking family members or friends for monetary help should be done delicately. Be as forthcoming as possible, and make sure that you are able to express your true needs without feeling any pressure. This will greatly reduce your discomfort while you engage in the conversation. Being awkward during a conversation about how much money you need can be a huge turn off for both parties involved!