I'm being investigated for Benefit Fraud. Can I go to court?

[my2beautys]

Please help me I'm having constant panic attacks and I'm terrified I'm going to go to prison I have 2 little babies and if was taken from them I just couldn't go on, please help me I don't know what's going to happen I will try an pay the money back even though I didn't do anything wrong but I just can't cope with the thought of prison

[honeybee13]

Please help me I'm having constant panic attacks and I'm terrified I'm going to go to prison I have 2 little babies and if was taken from them I just couldn't go on, please help me I don't know what's going to happen I will try an pay the money back even though I didn't do anything wrong but I just can't cope with the thought of prison

 

Hello there.

 

If you want comments on your own problems, the best thing to do would be to start your own thread, tell us a bit more about what's happened and then hopefully you'll have some helpful comments. Let me know if you don't know how to start a thread .

 

My best, HB

[Messydesk]

Yes, please do tell us what is wrong. I might have some pretty big problems of my own but I have learnt a lot from it and would always want to help anyone else in trouble.

[my2beautys]

Hi I have no idea how to x

[Messydesk]

JUst go the home page follow the links to the Benefits pages and then click on the start new thread icon. Give it a title which will tell people what sort of area your problem is in and when you have written about your problems, I am sure the replies will come in. Good luck.

[Dav1eboy]

My New wife got a letter from Council to be interviewed under caution. I also received the same letterWe attended yesterday and basically they accused us of living together. Which by the way is not the case.During the interview they stated that I had changed my address on my employers E-HR system to my new wife's address in Dec 09. I freely admitted this happened but was only for Next of Kin ? Pension rights reasons as she was expecting a child with me.When she moved into the property in question I had (and technically still have a tenancy in my name) but it gets really complicated so please bear with me.I agreed to take a post with my employer to work in the Northern Region of Scotland and thus allowed my sister to move into my property and take on responsibility for the bills etc. It then transpired that I wouldn't have to be away as often as anticipated but my job would still involve daily commute and often week long stays away from home. It was agreed with my sister that I would stay with her on the 2/3 nights I was not away as I often spent 2 nights away in Newcastle visiting my other daughter.Obviously this left me in a position where no utility/council tax bills are in my name except for my tenancy. As my now new wife is self employed and on a week by week basis was never sure of the available money she would have I agreed to pay Direct Debits on her behalf (to gain the maximum rebate & avoid bank charges) for which she gave me back the money from her tax credit payments when I visited my child.Basically what the Council Investigators have stated is they can't understand why we didn't just live together. I explained that this was a decision we had jointly taken and as there was no law which stated that we had to I really didn't see why they were asking. They then asked how I felt that my wife could run a house based on her income to which I replied that running a business means that every pound is a prisoner and she is an expert at budgeting.I realise that I am rambling here so will summarise.We married on 14th SeptemberI attempted to advise Council via electronic change of circumstance form that we were now living together - the system crashedWe filled in claim form but did not submit as we were then told we would have to vacate the house we now lived in due to landlord ill healthWe successfully completed change of circumstance form on the day we got notification of IUCWe attended interview and answered question pretty truthfully (maybe I made a mistake but I told them I worked away most weeks). I did not lie about living with relatived.They told me that they had evidence I applied for car insurance at the address in question in May 2011 but nothing beforehand.The claim is in my new wife's name and I am unsure whether they can obtain any further info from my employer.We have done nothing wrong but are worried sickAny thoughts / advice would be greatly appreciated

[honeybee13]

Hello Dav1eboy and welcome to CAG.

 

I have the same reply for you as my2beautys. It would be good to start your own thread, and maybe give us a few paragraphs if you can, so your post is easier to read for people trying to help you. CAG don't encourage hijacking other people's threads, sorry.

 

My best, HB

[Dav1eboy]

Hello Dav1eboy and welcome to CAG.

 

I have the same reply for you as my2beautys. It would be good to start your own thread, and maybe give us a few paragraphs if you can, so your post is easier to read for people trying to help you. CAG don't encourage hijacking other people's threads, sorry.

 

My best, HB

 

Yeh sorry have done that now

[honeybee13]

Yeh sorry have done that now

 

No need to apologise . Good lucking with the editing, I see dx left you a message.

 

My best, HB

[hopefilly]

Just to update this post that I started at the end of last year.

 

After I appealed against the decision made by the DWP. I went before the appeals tribunal on 13th March. It was heard by one judge and I had made the decision that I did not want legal representation with me on that occasion. The whole process took about 4 hours and although the DWP had provided the tribunal with all the relevant paper work they did not sent anyone on the the day of the tribunal. A decision was not reached on the day. But about 8 day later I received written confirmation that the Judge had ruled in my favour and concluded that there was no over-payments due. As He saw no evidence as to why my benefits had been revoked and that it should still stand.

 

The DWP had 30 day to appeal this decision. The time has now lapsed and no appeal has been brought.

 

I then received a court date for 29th April 2012. Which was for 4 counts of obtaining monies dishonestly and 4 counts of failing to notify changes to my circumstances.

 

I contacted a solicitor and informed him of the decision that the appeals court. He informed me that they are both 2 different cases but it still held in good light that I had already won 1 case.

I also stated that I intended to plead not guilty to all charges and wish for the case to be heard in Crown Court.

 

I arrived at magistrates court on 29th April 2012, to be told that the case had been dis-missed through lack of evidence.

 

I received a letter of the solicitor working for HB and the DWP this morning informing me that no further action will be taken.

 

While being totally relieved that this is eventually all over. I can't help but feel a bloody angry at it all.

 

Before the tribunal hearing date was set I was on the verge of declaring myself bankrupt due to the fact that there were thousands of pound worth of bills coming through my door.

I must admit that Council Tax is one of the worse. They refuse to accept that you are waiting for appeals and court. The obtained 3 liability orders for the said overpayments and where in the process of sending the balliffs to my property.. If both the tribunal date and court date hadn't come through when they did, I would have had no other option. Surely the law should be change to allow the tribunal and court to hear these cases before all this action is taken.

 

What is the bailiffs had removed good and what if I had gone bankrupt. I would have been for nothing.

 

Anyway I am still receiving bill from the DWP. They say it is because they are issued by a different department and it take a while for all department to be informed. Strange that. It doesn't seem to take so long when they stop you benefit and issue overpayment bills. Oh and although the tribunal Judge stated in his decision that I should now be paid any benefit that was on going to date.

They have informed me that they stopped my benefit in September 2011 and I my sick certificate ran out in Nov 2011. I did not provide any further certificates after that date, so no payment would be made. Ha Ha. Why am I not surprised. Sorry providing certificates for a benefit they said I wasn't entitled too slipped my mind.

 

I am only mentioning it because if anyone is on ESA and they have had there benefit stopped due to allegations of fraud that are unfounded please remember to still provide them with sick certificated until the case is over because when you win both cases you may then have you money back-dated. That is unless another loop hole is found.

 

I am relieved this is finished with, but feel it will take a little while longer to tie up all the lose ends and completely stop bills arriving at my door.

 

I wouldn't wish the last year on anyone and wish everyone going through this process luck. If you haven't done anything wrong, it has to go you way in the end.

 

xxxxxx

[scotsbabe]

Hi,

Thank you for posting this i am going through exact same have tribunal next week, dont have a clue what to expect, was wondering if you could private message me, maybe can give me some advice about what to expect at tribunal, i dont want to be hear anymore anxiety severe, have myself going to prison, mine is for I.S. overpayment and housing and council tax have followed suit, i have done nothing wrong, apart from having someone stay the odd night, maybe one or two nights a week, sometiomes never, who looks after me, as i am disabled, and have let him use my home for mail purposes

[jadeybags]

Hi,

Thank you for posting this i am going through exact same have tribunal next week, dont have a clue what to expect, was wondering if you could private message me, maybe can give me some advice about what to expect at tribunal, i dont want to be hear anymore anxiety severe, have myself going to prison, mine is for I.S. overpayment and housing and council tax have followed suit, i have done nothing wrong, apart from having someone stay the odd night, maybe one or two nights a week, sometiomes never, who looks after me, as i am disabled, and have let him use my home for mail purposes

 

Unfortunately anyone could say this who's boyfriend uses their home more often than anywhere else, I guess you have to cut them some slack there, because how would they know what's genuine & what isn't?