Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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Thread: benefit fraud

  1. #1
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    Default benefit fraud

    Hi i am looking for a bit of advice.
    Last year my ex girlfrind was due to appear at crown court accused of benefit fraud (me living with her and not notifying them even though i have my own home) a week before the due date her solicitor phoned and said that the benefit agency was dropping the case due to lack of evidence.she still had to go to court for it to be properly closed.At court the judge was told that the benfit agency offered no evidence and the judge ruled that she was not guilty on all counts.Her barrister said that it was all over and to forget it and get on with the rest of her life. Now the benefit agencies (social,housing benefit and council tax)are telling my ex that she owes the money to them and she must back it back.The solicitor she used are now not interseted,does any one know if this is right does she still owe the money? the total ammount is £15,000.any help would be great.Thanks

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  2. #2
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    Default Re: benefit fraud

    On what grounds are they claiming she still owes the money?

    Have they contacted her in writing, or on the phone? If on the phone, she should get them to put everything in writing.

    RMW

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    Default Re: benefit fraud

    hi reallymadwoman they wrote to her a year after the court date and it was headed " about the overpaymenticon you owe us " she had seven days to pay it or they were sending it to a debt collectionicon agency when she phoned them about it they said that even though they dropped the court case and she has a letter from the courts saying not guilty they can still claim the money back.


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    Default Re: benefit fraud

    This doesn't sound at all right to me. Surely they have to prove that an overpaymenticon has been made?

    However, I am out of my depth on this one and the only thing I can think of to suggest is to speak to someone at Citizen's Advice or find out if your local council has a welfare officer or something similar who could help.

    I hope someone else will pop in with some suggestions, but if they don't post 'bump' as a reply to bring your thread back to my attention, and I'll ask the site team for help.

    RMW

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    I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.

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    Default Re: benefit fraud

    It may just be the left hand not knowing what the right hand is doing (it may... ). I suggest she writes to them and copies any documentation from the judgement last time and tells them that the court found her not guilty of benefit fraud and that must imply that she owes nothing.

    The problem is that eveidence in a criminal case has to prove the case beyond reasonable doubt whereas in a civil case (as this would be) it is only balance of probabilities. Having said that, I would have tought the judgement form last time would make a pretty good defence if they took her to court.

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