Wrongly accused of Benefit Fraud TWICE! Please help!

[maitresse]

This is long winded, but I will try to keep it short. This has been a nightmare!

 

I married in 2001, and had my first child in 2002. Sadly, my turkish husband was not the man I thought he was(even longer story), and we seperated before my daughter had her first christmas. We briefly tried dating in 2004, then I found out he was living with a woman he was seeing. I then found out I was pregnant again (stupid). I barely saw my husband while pregnant, but he was there for the birth. While in hospital my car was torched outside my house. The newspaper came round to take a picture of myself with my two small children and put an article to try to help me find out who had done this. This terrified me, and because of this my husband decided to stay for a few days after the birth. Two days after, there was an early morning knock at the door. It was the benefits agency. I was questioned about my living arrangements with my husband. I was told that I was lying, that we had never seperated. I couldnt' answer their questions. My husband refused to give me his address. I was told that I must be lying because I had a child with him, and that it takes months to make a baby. I replied that it can take seconds, but they refused to listen. I had an appointment at the jobcentre a few days later for an appointment with a lone parent advisor. When I turned up the receptionist went to inform the woman that I was there for my appointment, and heard the woman exclaim loudly "you are joking! I am surprised she had the nerve to turn up!" It turned out that this woman was the one who had contacted the benefit fraud investigation team.

 

A few weeks later I received the report for me to read. I read it through carefully, and typed my response. The point that I could barely believe was one that said "Her two year old daughter has a strong pronouced turkish accent". This was laughable. I have never heard a strong accent on a two year old, and why would she have that accent anyway, when she lived in bristol? I was asked to attend court, but this was a long distance from me, which I could not afford to get to, and I had two small children for who I could find no babysitter. As their accusations were so unfounded I was able to work my way through the document, and put my point across for each and every point. I though no more of it and posted it, fully expecting this to be sorted out. I was then found guilty at my appeal. Apparently my document that I had sent to the court didnt arrive until two days after the trial. Amazing, considering I posted it several weeks before. I wanted to appeal against their appeal decision, but was told that if I did this, they would have to stop my benefits for the duration of the appeal. What could I do? I had two babies to support. I had to give in . They decided to take £10 per week from my benefits, and have done since 2005. I will be paying them until 2016. The amount they wanted to recover WRONGLY is around £7000.

 

Now, a few weeks ago I received a letter from my local council asking me to come in for an interview under caution about housing benefit. I went along, taking a legal representative with me. Apparently the was an overpayment of £1000 of my housing benefit when I moved. I was totally unaware of this. I went through the interview, recorded on CD. After the interview was over the interviewer told me that because I have previous problems with benefit fraud, that this could mean a criminal conviction for me! I was also told that if I accept responsibility, I only have to pay back the overpayment, but I would have a criminal caution on file. If I refuse to accept responsibility, then I have to pay it back but with an admin charge of 50% added on top. Fair? I really dont think so.

 

I really don't know what to do. I really feel this is all so unfair. My children have gone without for so many years because of their mistake the first time. £4000 that I should have been able to spend on them has never been received. This "black mark" has gone against me when I did nothing wrong.

 

I spoke to my legal representative after the interview, and he was disgusted by my story, and advised me to speak to a solicitor. I also plan to contact my local MP to see what he can do.

 

Can anyone give me any advice. I have done nothing wrong!

[maitresse]

Oh, one other quick thing.

 

When the gentleman interviewing me this week showed me the evidence, he showed me the housing benefit form I had filled in in 2007, with the declaration at the bottom saying that I would inform them of any change in my circumstances. The form was filled in in my handwriting, but there was NO signature on the declaration. I wonder how this stands legally against their arguement?

[unclebulgaria67]

I would not fancy your chances if this went to court. You will need a Solicitor and you will need any help your MP can provide. In a court they will just evidence the payments, evidence that you did not inform them of change of circumstances and even though there is no signature, the council will say you were informed. Most Magistrates will just take the word of the legal people representing the council, hence why you need a Solicitor to advise you, to hopefully avoid a conviction.

[estellyn]

Yes, with this being a second offence, you need an experienced solicitor to advise you.

 

On the benefit front, processing a claim form that hasn't been signed is an official error on their part - but you would need a solicitor to tell ou whether this will have any impact on the the current situation.

[maitresse]

It just seems so wrong that the fact that they wrongly accused me before has gone against me this time. wrong wrong wrong!

[jadeybags]

We briefly tried dating in 2004, then I found out he was living with a woman he was seeing. I then found out I was pregnant again (stupid). I barely saw my husband while pregnant, but he was there for the birth. While in hospital my car was torched outside my house. The newspaper came round to take a picture of myself with my two small children and put an article to try to help me find out who had done this. This terrified me, and because of this my husband decided to stay for a few days after the birth.

 

They hear this all the time tbh

[maitresse]

Surely they should have had to prove that he was living with me, which he wasn't! They shouldn't be able to make an decision based on such silly things as their idea that my two year old daughter had a turkish accent?

[Bazooka Boo]

They hear this all the time tbh

 

I'm sure they do, but that does not detract from the fact that the OP wants constructive help.

[jadeybags]

I'm sure they do, but that does not detract from the fact that the OP wants constructive help.

 

Where's yours then?

Yes you're right though, we should say it'll be fine if you didn't do anything wrong, because that always ends up happening. Oh...wait

They would likely have to have more evidence than has been mentioned in this thread to reach a successful prosecution in court, but they don't work on beyond reasonable doubt with over payments, that's based on probability, you need to prove to them someone isn't living with you, & if the guy won't provide proof of where he's been living, apart from being a nasty piece of work, he has left the OP up the creek without a paddle.

I know, that's not really constructive advice but I am a terrible realist, having been on the receiving end of official mistakes & having to attend IUC & pay back money.

[Bazooka Boo]

If you want to berate me please PM me.

[jadeybags]

Surely they should have had to prove that he was living with me, which he wasn't! They should, but they don't. For over payment purposes, they go on the probability, not beyond reasonable doubt. They shouldn't be able to make an decision based on such silly things as their idea that my two year old daughter had a turkish accent?

I agree, as do most people I expect, but they have made decisions based on less before. I wouldn't have believed it until I came on here either.

[Bazooka Boo]

Get in touch with your local MP and councilors, if you feel that you have wrongly been accuse of ben fraud, then don't just lie down and accept it, fight it!

 

https://www.gov.uk/contact-jobcentre-plus

[maitresse]

Get in touch with your local MP and councilors, if you feel that you have wrongly been accuse of ben fraud, then don't just lie down and accept it, fight it!

 

 

 

 

 

Thanks Boo. I am not taking it lying down, I can tell you! Solicitor and MP getting involved now!

[maitresse]

Well, I have received my letter telling me what course of action they are taking. How lovely of them. It seems the overpayment was around £900, but I am to pay back an extra 50% on top of that in administrative charges! How is this even legal?? I am more than willing to pay back the overpayment, but that extra charge of £450 is extortion! Any advice on this would be very gratefully received.

[jabba jones]

It's an administrative penalty which has recently increased to 50%.

 

If you do not accept it then they will look at the possibility of prosecuting you instead.

 

You can still appeal against the original decision & overpayment if you disagree with it.

[Stan Lee]

Well, I have received my letter telling me what course of action they are taking. How lovely of them. It seems the overpayment was around £900, but I am to pay back an extra 50% on top of that in administrative charges! How is this even legal?? I am more than willing to pay back the overpayment, but that extra charge of £450 is extortion! Any advice on this would be very gratefully received.

 

My advice would be: pay every penny and thank your lucky stars that they aren't pushing this further. This is basically money paid to make this go away, and while you may chafe at the injustice of it all, the other option is to defend your innocence in court. Paying this money isn't an admission of guilt (there used to be cautions for people who admitted guilt but had not committed grievous offences, which are now discontinued for recent offences).

 

If you truly believe that an injustice is being done here, go back to your legal counsel and see what they say, but I almost certain that they will advise you to pay this.

[Bazooka Boo]

What has your MP and Councillors advised?