court summons for benefit fraud. please help.

[mollymae]

hi i am new here so please bare with me, i had an iuc for hb and ctb fraud i had done some work for a friend for a few months but didnt inform anyone as it wasnt a regular thing just now and then, i fully take responsibility for that but i also didnt tell them about me hubby having a pay rise but due to circomstances have twins, depression it was overlooked, the pay rise was a couple of pounds not really enough to notice. i admitted to allthis at my interview and have come to an agreement with the council to pay it back but today i received a summons for court, can someone pleas tell me what to expect, i,m so scared i admit i,ve done wrong but dont wanna go to jail. since my interveiw i,ve started work and told them evevry little change in circumstances i lernt my lesson. someone please help. i only got the letter today and due in court on tuesday.

[MRSWESTHAM]

Hi ya , nobodys here to judge you There are quite a few other threads regarding this kind of thing, have you read them? I cant offer you anything helpful other than moral support but someone will come along soon that is good with this kind of problem. I know I always say it but im gonna say it again anyway the not knowing is the worse and even mokeys fall of trees

[mollymae]

thank you just dont know what to expect, i thought it was sorted as i,m paying it bck. i,m just really scared. thanks for replying though. xx

[Conniff]

How much are we talking Molly?

[mollymae]

erm i,m not sure about 1800 ctb and the same hb and i think 4000 discrionary.

[Conniff]

I think this will be failure to declare. The court will decide how much your repayments are to be, so take a comprensive list of all your income and outgoings with you to show the judge.

[mollymae]

but i,m already paying the council back now, i,m really worried what do u think the worst thing will be, will it be in the papers. i know i done wrong but dont wanna go jail or do community service i have three young children. i,m sorry to keep on.

[Conniff]

If you already have an arrangement to pay it back and haven't missed any payments, that should go in your favour. I don't want to understate the seriousness of it and the papers do get access to report if they so wish.

[mollymae]

no ive never missed a payment i still get hb and they take it straight out of it before i get it. i,m just unsure why its gone to court when i goy a caution at my interveiw and repaying it back, so do u think it,ll be a case of failing to tell them. sorry just wanna get it right in my head.

[kk3852]

An amount of around £4,000 will stay in the magistrates court.

There will be anything up to 3 magistrates sat at court. If there is only one person this is a district judge but he will have no greater powers than the magistrates.

 

The details of the charges against you will be read out by the clerk of the court and you will asked to say guilty or not guilty.

 

The details of the case will then be read out by the council solicitor and then your solicitor (you can get the duty solicitor on the day if you want) will tell the court of any mitigating circumstances, ie your depression, that you admitted it all at the interview, that you are paying it back etc.

 

If you plead guilty any sentence will be reduced by up to a third.

 

It can only go in your favour that you are repaying the overpayment.

 

Good luck

[mollymae]

thank you for your response i,m just so scared.

[drodgers]

It seems a bit odd that you told you would need to pay it back at the interview, and then you are summoned to court. I'd ask for the tapes.

[kk3852]

For D Rogers - its not odd at all, any overpayment of benefit would need to be paid back. The investigators are right to explain that this would happen.

The criminal offence then has to be dealt with by means of a caution, administrative penalty or a summons to court.

[drodgers]

I thought the poster said she was given a caution, but was then issued with a summons.

[mollymae]

hi i had an iuc and told them i was guilty, i then agreed to pay back which i have been for past 5 months but now i have a summons too not sure why as ,m already paying it back. please help

[drodgers]

Did they tell you would be going to court at the time, and if they didn't, did you admit guilt on that basis?

[mollymae]

hi yes i admitted guilt there and then, had to bring in proof.thought as i was paying it back that would be it, no they didnt say i would be going to court. just so scared for my kids what type of things can they do i.e prison, fine plese help.

[FitzWilliam]

There are quite a few other threads regarding this kind of thing, have you read them?

 

You can search for these similar threads by clicking on 'Search' on the blue bar, then 'Advanced Search'. Then in 'Search by Key Word' type 'fraud' and under 'Search in Forums' highlight 'Benefits, Tax Credits [etc]'.

 

Finally, click 'Search Now'. This narrows you to 9 pages of threads and you can pick the most promising ones from there.

 

There is bound to be useful information for you in some of the threads.

 

Magistrates' Courts

 

I've recently visited our local magistrates' court a few times to help a friend. I know that the magistrates respond well to honest testimony and are reasonable and sympathetic people.

 

Make sure that your solicitor knows about your admission of guilt, children, depression and any other mitigating factors.

 

It is highly unlikely that you will be given a custodial sentence.

 

Newspapers

 

Local papers don't often cover the magistrates' courts. To them, a case such as your of admitted benefit fraud would be of little interest and the odds they would report it are very slim.

 

* * *

 

I know you are thinking the worst, but I'm sure things will go well for you in court and the magistrates be lenient. Good luck for Tuesday.

[mollymae]

thank you so much for your replys, i didnt sleep a wink last night , i,ve gotta ring the solicitors for council today to tell them what i plead dont know why. so do u think i,ll def get hel from a solicitor there as i dont have one.

[tigga_1961]

hi molly, as been said before no one is here to apportion blame just help, first question do you have a solicitor? sorry ive just seen your thread but this should of been first thing you done, doin a bad thing doesnt make you a bad person and magistrates will understand that, and will also be lenient as you admitted guilt at the first interview and been repaying since. its not too late if you dont have a sol but its always easier to use one, and let them know the facts before court so they can defend you, i cant see this being a custodial sentance but the amount is quite high that you claimed so must of beenover a period of time, i would think your looking at a fine and suspened sentance, good luck let us know how you get on .

[mollymae]

hi thank you tigga, the amount is high because i didnt tell them about a pay rise my hubby had just after my twins were born they are now two and half but the amount of increase wasnt even enough to notice. i,m just so scared. i rang there solicitors today told them i,m pleading guilty. my hubby says that i will be asked tomorrow if i want the duty solicitor which i guess i should say yes.

[kk3852]

Yes you should ask for the duty solicitor. You probably wont get a lot of time with them but whoever they are they are experienced in talking to the magistrates and putting your point of view forward.

If you dont have the duty solicitor you might be asked to speak to the court yourself and if your anything like me you might not be able to get the words out properly.

[mollymae]

no i,m not very good at putiing my point across, so i,ll say yes please. i cant beleive i was so stupid in the first place. has anyone else actually been in front of magistrate? what happened what was your result. x

[FitzWilliam]

Quick question, Molly.

 

Do your court papers say 'Trial' or 'Trial Readiness Hearing'?

[FitzWilliam]

The important thing will be what your solicitor tells the court. From what you have written, the main points he might cover are:

 

1. You did some occasional work for a friend and made the mistake of not declaring it. Likewise, with your husband's modest pay rise.

2. You admitted your fault at the IUC and apologised.

3. You have already made an agreement with the council to pay the money back.

4. You have been paying it back for the last 5 months.

5. The solicitor might then question why it has been necessary to summons you to court, since you have already made an agreement to repay the money, and have honoured that agreement.

6. You are very sorry for what you have done.

7. You are the mother of three young children, including twins.

8. You have suffered depression and worry over what has happened.

 

If you think these points are helpful then jot them down for the solicitor. He will have his own ideas, of course, and represent your case as he thinks best.

 

Anyhow, good luck in court.