Requisition for Income Support Fraud; Help?

[luckystar12]

I received a requisition to appear at court on Wednesday. I noticed at the time that my DOB is listed completely wrong, and made a mental note to find out who to contact.

 

This morning, I received another letter in the post, but hadn't noticed it had the wrong name on the front. (Was half asleep, and trying to deal with a four year old at the time) This time, it's been issued to my address to someone I've never heard of, for 8 days after my court date, in the next county. This time, it has my DOB on it. The address and DOB are mine, but the name and charges aren't.

 

What do I do about this? Where do I return the letter to, and do I phone the court or the CPS regarding the errors?

[Tolkny]

What do I do about this? Where do I return the letter to, and do I phone the court or the CPS regarding the errors?

 

Seems right NOT to ignore this, Ultimately I suggest the place to contact by phone or in person is the Office of the Clerk to the Justices of the Magistrates Court you have been told to attend ( I am presuming lucky star12 is in England or Wales). It might be best to get specialist advice before you contact the court so you know exactly what you face, as I am not clear from what has been said.

 

The best person is a criminal solicitor, who may well give free initial advice if you say that you have been told to attend court and are not sure if you need to be represented. It may seem worrying to speak to a solicitor, but by speaking to a solicitor on your behalf you should find out "exactly" what is the worse that can happen and what is legally your best course of action.

 

Different firms of solicitors are easier or more difficult to approach (it can be a sign whether they want your business) In my experience people who start a possible court process by getting accurate and precise legal advise get through the situation with the greatest of ease in the long run.

 

If a solicitor cannot be found, good advice can come from Citizens advice bureau or a Law Centre, if there is one near you (if there is and there probably is not - that would be the best place to start because they will refer you direct to a solicitor is that is definitely needed). Don't panic you are one of many thousands

 

If you do a search for "law centres" you will find a lot of information also you can do a search for "magistrates courts" and "citizens advice bureaux" where a lot of reliable information is available.

[MIKEY DABODEE]

Have you ever claimed Income Support and are there any reasons to why you would be getting such letters..

You say the Date of birth is wrong on one,

Is the name correct then?

[luckystar12]

Yes, Mikey. Had the interview under caution in October, after I'd failed to declare student finance. Stupid, I know.

 

Everything else on the one with the date of birth is correct; overpayment of £2509, period of time, etc. It's just the date of birth that's wrong - I don't want it causing more problems for either myself or prosecution.

 

Thank you, Tolkny. Will be seeing citizens advice first, and going from there. Yes, I'm in England. Do I report the requisition with the wrong name etc to them? Or do I report it to the court the person addressed should be attending?

[Tolkny]

I'm not sure what is meant by 'requisition' I would have expected a "Summons" to have been sent to the person who is alleged to have offended, which is an instruction to attend court, so I would direct any queries (after I have taken advice) to that court because it is the court who makes final decisions apart possibly from the Prosecutor, who would have issued the summons who has power to ask court for it to be withdrawn if it has been issued in error.

 

I suspect I am confusing things by thinking of several different possibilities which is the reason I suggest showing exactly what as been sent to someone who is used to seeing the forms, they can be muddled and not easy to understand (although they shouldn't be)!

[luckystar12]

I think it's the same thing, just worded differently. All throughout both letters it states "requisition", not "summons".

[kk3852]

Tolkny - for some reason they aren't called a summons anymore. Even though thats a word probably everyone understands they are now called a 'requisition'

 

Luckystar - I'm not sure if the phone number of the CPS who has issued it will be on the paperwork or not. If it is I would give them a ring. You could always ask the investigator who dealt with you whether or not they could help.

 

If you have someone else's requisition you would be doing them a great favour as ultimately if they fail to attend Court then a warrant might be issued for their arrest.

[luckystar12]

Tolkny - for some reason they aren't called a summons anymore. Even though thats a word probably everyone understands they are now called a 'requisition'

 

Luckystar - I'm not sure if the phone number of the CPS who has issued it will be on the paperwork or not. If it is I would give them a ring. You could always ask the investigator who dealt with you whether or not they could help.

 

If you have someone else's requisition you would be doing them a great favour as ultimately if they fail to attend Court then a warrant might be issued for their arrest.

 

I can't find the number on the paperwork. Have the address, though. In no doubt about phoning the relevant people, just a little unsure as to who the right person is.

[Tolkny]

I am out of touch, maybe the thought is that requisition is a more easily understood word, I think the point is that it is more than an invitation to attend but not an order to attend. If a person does not attend and the court is satisfied they should attend then an order from the court will be issued but if one responds to the requisition it demonstrates a willingness to co-operate and means you are there in person to tell the court if you have a difficulty about attending at a particular time on a particular date.

 

If you phone the court and say what you have received they should be able to put you on to the right person, if it is convenient you might go in to the court office in person. I would favour contacting the court rather than, or as well as, the Prosecutor.

[luckystar12]

I am out of touch, maybe the thought is that requisition is a more easily understood word, I think the point is that it is more than an invitation to attend but not an order to attend. If a person does not attend and the court is satisfied they should attend then an order from the court will be issued but if one responds to the requisition it demonstrates a willingness to co-operate and means you are there in person to tell the court if you have a difficulty about attending at a particular time on a particular date.

 

If you phone the court and say what you have received they should be able to put you on to the right person, if it is convenient you might go in to the court office in person. I would favour contacting the court rather than, or as well as, the Prosecutor.

 

Re attendance, it says at the bottom of each "If you do not attend, the court may hear the case in your absence and may issue a warrant for your arrest. If a warrant is issued for your arrest, you may be hel in custody until you are brought before the court"

[Tolkny]

Yes very strong invitation, best to show up!!

 

If you plead not guilty it is very unlikely the trial will take place on the first day, which is why it is also unlikely that if a person doesn't turn up at the first date that the trial would actually go ahead on that day.

Edited June 30, 2012 by Tolkny
extra thought

[luckystar12]

Don't worry, I will be. Not risking further trouble