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.
About 4 -5 years ago I was on benefits/incapacity, when I had a letter stating benefits fraud department wanted to see me.
To cut along story short they told me that I had been reported for having my fella living with me when he works. They even showed evidence of seeing him leaving for work several mornings over a period of a few weeks.
They even had documentation that we had a shared nank account & that he was at this address with the documentation for his car.
I know that they have to prove beyond a reasonable doubt that I am guilty but the reasonable arguments I gave for all the evidence put to me they knew they didn't really have a case.
I explained we intended to live together in the near future & as he had trouble due to debts getting is own bank account that is why we had got one together.
He stayed at my home due to my health problems at the time (I can get gp/hospital proof) on occasional days, on the days they say they watched 3 days on the trot, I told them it must've been a bad week. Anyway they new they didn't have enough proof to take me to court. They did request I pay all the money back but haven't contacted me for years now & I am now in ful, time employment. The benefits agency is not the real problem though.
They informed my local council about the dispute saying I wouldn't have truly been on benefits. So both the rent & council tax was worked out for the period as if I'd never had benefits putting me £1000's in debt with both.
I have struggled through paying a small amount off the arrears but am now at a stage where everything is getting the better of me. I am getting threatened with bailiffs by the council tax & now paying £30 a month off my arrears with rent.
I just feel it is unfair that the dispute was never with either of these departments but I am inserious debt due to the benefits agency yet they have taken no further steps to recover anything from me, which is probably because they know they wouldn't have a leg to stand on due to lack of evidence. Surely the benefits agency should either proof in a court of law that I was cheating before saying I am guilty to the council or just leave it be?
Any advice appreciated?
First point - if he wasn't living at your address then by having his car registered there and I guess the insurance he is commiting fraud. As to him staying there to help during a period of ill health, you should maybe have approached the benefits agency to clear this as they have strick rules about people living together.
Tbh as patdavies pointed out I think if you press this matter you may find yourself up for fraud, being asked to pay back the benefits and still owing for the council tax/rent. The fact that they have evidence of your boyfriend coming out of your home in the morning on several consecutive days is fairly damming let alone a joint account and the car thing does imply that your property is/was his full time address.
As to proving that you are guilty all they have said to the council is that on the evidence that they have before them, that if this was a fresh case with that evidence you wouldn't be in receipt of benefits - which is a valid statement. Pushing them even further could result in prosecution which would further hinder your career and cost you even more.
Should they prove me guilty first?
by the council tax & now paying £30 a month off my arrears with rent.
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Re: Should they prove me guilty first?
