HELP please for DSS prosecution appeal

[Furkin]

Hi Folks,
I have fallen foul of the DLA/DSS capital limit etc. The details of which don't matter at this point.
I had to attend two interviews under caution at the local council & chose a Legal Aid solicitor to attend them with me.

It now looks as if the dss/council are looking to prosecute me, which I am vehemently trying to fight.

I have quite a bit of mitigation that I have been trying to get the solicitor to put over to the dss/council, to try to stop the case going to court.

Despite my sending him several letters and faxes (along with letters and faxes from my carer team (medical matters) for the past 7 months, he has just decided to tell me that he cannot help me further – using Legal Aid – until I go to Court !

My first comment is that this man has had several months since the second interview to explain this to me – which he has omitted to do.
I am disabled (again the extent of this doesn’t matter here) but I have been pulling my hair out for the past few months – thinking that because he was receiving mitigation and medical stuff from me that he was still helping me !!!

More importantly at this moment - I need help to get certain things put over to the dss/council that only a legal person can do.
How do we get this done ?
Where should one look for help ?
There is an excellent chance that we can get the matter either dropped, or sorted out without a prosecution.

Surely it would be better for our legal system to help us to get matters sorted (if they can be) without the cost to the taxpayer of going to Court. In all probability the court wouldn’t impose much of a fine in my case even if I were found guilty.

Any ideas of who can help people like me please ?

thanks for reading

[old_andrew2007]

Hi Furkin,
Is there a local advice/legal centre near by they may be able to help, you might have a problem if solicitor is needed, as I'm not sure if they would be seen to be poaching you.
Andy

[Furkin]

Thanks Andy,

I don't know of an actual 'Legal Centre' near me. A Law Centre has been mentioned by someone as an 'up country' thing,,,,,, but I will try to seek one out locally.

As for 'poaching' this wouldn't be a problem. If I can find someone to take me on, I will sack the one that I am using.

The whole idea is to prevent a prosecution,,,,,,, which this chap seems oblivious to.

To be truthful - he is a 'duty' solicitor that I opted for at the last minute. If I had realised that I wanted to use legal representation, I would have spent time in looking for one more in tune with this sort of case.

My only income for the past 8 months, has been my DLA, so (apart from going further into debt) I can ill afford to pay much for the help that I think I require.

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I repeat here that in my opinion, it would be far better for our legal system to help to prevent some cases going to court and save the government coffers (Tax-payers) hundreds of thousands of pounds, if there is a possibility of dealing with it without doing so.

Thanks Andy for your reply, & other readers.

[old_andrew2007]

hi can you say where you live

[Furkin]

Hi again Andy,I'm in Cornwall.I have since come across a Law Centre in Devon (& dropped them a line) but I can't seem to find anything similar in Cornwall.Cheers

[emmaf01]

It might be an idea to get in touch with your local advocacy service for people with disabilities- I think your local council has a list. I know when I had problems with an ex-partner trying to stir up legal difficulties, they got me to see a local solicitor who wrote letters on my behalf- due to being on benefits I was not charged. They also might know someone who specialises in benefit fraud law. (not saying you are intentionally guilty of this!)

Try googling for "cornwall advocacy" and I think the third result down in the council list.

Worth a try, perhaps.

[Furkin]

Thanks EMMAF01,

It did indeed bring up some local centres,,,, and lots of food for thought.

I will contact one of them for advice.

Of course, any details will be outlined here for others.

cheers