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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Possible prosecution: CTAX+HB over payment, can i change my name to avoid public name + shame ?

losingmymind

By losingmymind
in Benefits and HMRC

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losingmymind

losingmymind

Posted
Posted

I've done something pretty stupid.

 

I claimed benefits (housing + CT) to which it would appear I wasn't entitled.

 

The overpayment exceeds the threshold for prosecution in court,

and I have been told that in all likelihood it will go to court.

 

I've already had one Interview Under Caution and I'm due a second this week.

 

I'm trying to limit the damage in the future to my good name, which won't be so good when this becomes public.

 

I was thinking of changing my name so that if this does come to court I will be prosecuted in my new name.

 

Is this a good idea?

 

Has anyone else done this successfully?

Or when you say your name in court

do you have to say your former name as well,

even though to all intents and purposes that name has been given up as a result of the deed poll?

Or is likely that my local authority will make my 'old' name public anyway?

 

I'm ready to face any punishment given to me.

I feel so awful and stupid.

 

One small ommission on the original claim has ballooned into something and I'm scared of the consequences.

 

Unfortunately I'm not prepared for the public shame and humiliation of a court appearance and subsequent reporting in the press.

 

Thanks in advance for your thoughts/experiences.

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Hobbie

Hobbie

Posted
Posted

You will be charged under the name you used when the "crime" was committed ie; whilst claiming the benefits. Sorry

 

You can ask your solicitor to apply to the court that your details are not made public if it will harm your family or children.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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lookinforinfo

lookinforinfo

Posted
Posted

You might be worrying overmuch.

you are unlikely to be reported in the press unless you are a celebrity or well known.

 

If you are able to repay some of the money or at least get it reduced to below the threshold for prosecution

that could relieve some of the pressure on you as far as Court goes.

 

Changing your name is a totally different problem.

 

That will require your bank, credit cards, salary, pension, insurance, council tax, driving licence and probably 101 other things

 

that you won't think about for a while as well as Facebook, twitter etc.

 

It is a drastic step and not even sure if it will work as if it goes to Court it will be either in your current name

or in both names.

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renegadeimp

renegadeimp

Posted
Posted
you are unlikely to be reported in the press unless you are a celebrity or well known.

 

 

Or if the amount claimed is very high.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hobbie

Hobbie

Posted
Posted

Not quite true. People have been reported in national press for £10,000 and local press for as little as £500. The DWP release the info to the press in order to make max impact so people think twice.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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renegadeimp

renegadeimp

Posted
Posted
. The DWP release the info to the press in order to make max impact so people think twice.

 

Actually the DWP dont release the info. Normally journalists get hold of the court list so they can see which cases they might be able to sit on and get some juicy gossip. Unless the court grants an order not to release the accused's information, then the reporter can Report the 'story'.

 

The journalist will only be able to get the info that is in the court. They cant go asking the DWP for personal details due to the DPA.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hobbie

Hobbie

Posted
Posted
I have a business, so is it possible for the solicitor to apply to the court if that is to be harmed in any way? Thanks

 

 

No, they'll most likely use this to the councils advantage too. Max Impact. The only the thing the courts generally accept is if it will impact the family (mainly Child(ren) and cause them issues). But running a business will not be enough. And I'd bet my bottom dollar on it the council (if they know about your business) they'll inform the media of this too.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Hobbie

Hobbie

Posted
Posted

Not want to cause any more distress. But my mate in Newcastle did something similar (Claimed LHA & CTB) whilst running a business from home. The Newcastle Chronicle hounded him, plastered his photo all over the website and printed press. He over claimed just over £840 too. But the council went after him as he had a business and wanted to ruin him. The council the got way. Sadly he isn't with us any more.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Hobbie

Hobbie

Posted
Posted

Unfortunately you committed a crime by your own admission. Accept what comes your way. I am not a one that condones or supports benefit fraud in any way. You claimed the benefit for what ever reason whilst running a business, maybe the business was not going to plan or what ever. But that you still continued to claim public funds. Live up to your actions.

 

Sorry for the harsh words. But I said exactly (well almost exact) to my friend who was found guilty in similar circumstances. I still do not regret having that conversation prior to him departing us. He claimed MY taxes to use as his safety net.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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renegadeimp

renegadeimp

Posted
Posted
Unfortunately you committed a crime by your own admission. Accept what comes your way. I am not a one that condones or supports benefit fraud in any way. You claimed the benefit for what ever reason whilst running a business, maybe the business was not going to plan or what ever. But that you still continued to claim public funds. Live up to your actions.

 

Sorry for the harsh words. But I said exactly (well almost exact) to my friend who was found guilty in similar circumstances. I still do not regret having that conversation prior to him departing us. He claimed MY taxes to use as his safety net.

 

Please read the OP's post in full

 

Specifically :

 

I've done something pretty stupid.

 

I'm ready to face any punishment given to me.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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antone

antone

Posted
Posted

One thing we need to bear in mind is that our justice system is public for a reason. That is, beyond very narrowly defined exceptions, the names of both the accused and the accuser are made public, and anyone who wishes to view court proceedings can do so.

 

It's public to protect us. Countries where people are hauled off to prison without anyone knowing about it and then tried in secret are not normally places I'd want to live. In our country, we have the right to see that justice is being done.

 

So while I have sympathy for the OP, public reporting of court proceedings is a fundamental part of our system, and judges would not normally override that. It's there to protect the defendant, primarily.

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Helen2264

Helen2264

Posted
Posted

The worst thing you can do is to change your name, you will still be prosecuted under the name you've given when you claimed HB/CT etc that's how the law work changing your name won't stop the court case. Also you may have trouble running your business under your new name, problem with companies house and Tax Office, it's not worth the hassle accept your mistake do your time and just make sure a lesson well learnt.

 

I've done something pretty stupid.

 

I claimed benefits (housing + CT) to which it would appear I wasn't entitled.

 

The overpayment exceeds the threshold for prosecution in court,

and I have been told that in all likelihood it will go to court.

 

I've already had one Interview Under Caution and I'm due a second this week.

 

I'm trying to limit the damage in the future to my good name, which won't be so good when this becomes public.

 

I was thinking of changing my name so that if this does come to court I will be prosecuted in my new name.

 

Is this a good idea?

 

Has anyone else done this successfully?

Or when you say your name in court

do you have to say your former name as well,

even though to all intents and purposes that name has been given up as a result of the deed poll?

Or is likely that my local authority will make my 'old' name public anyway?

 

I'm ready to face any punishment given to me.

I feel so awful and stupid.

 

One small ommission on the original claim has ballooned into something and I'm scared of the consequences.

 

Unfortunately I'm not prepared for the public shame and humiliation of a court appearance and subsequent reporting in the press.

 

Thanks in advance for your thoughts/experiences.

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losingmymind

losingmymind

Posted
  • Author
Posted

Thanks very much for your responses.

 

OK, so changing my name is a bad idea, and I've taken that on board.

 

What about if I was to move house? How would that be reported in the press? Would there be reference made to the address where the crime took place? It's just that my local press has a habit of putting the road where someone lives in their reports, and because where I live there's only a handful of houses it would be obvious who the report would be about.

 

Thanks in advance.

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id6052

id6052

Posted
Posted

It is possible (very likely) that the address that you claimed in respect of will be named during the court proceedings.

 

Even if it isn't, the council could publish that information in a press release.

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

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id6052

id6052

Posted
Posted

you could try going for an administrative penalty, this is where you pay an additional amount on top of the overpayment in exchange for the council not prosecuting you

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If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

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Hobbie

Hobbie

Posted
Posted

As some one else mentioned, the media may publish "losingmymind of NEWADDRESS formerly of OLDADDRESS was today found guilty of ....."

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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bio

bio

Posted
Posted (edited)

We currently have a big case going through court and have issued press releases to make local papers etc aware. We also notify local TV andradio stations as well, and you will often find that national media pick up on some cases.

[removed]

Edited by dx100uk
site removed - dx
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losingmymind

losingmymind

Posted
  • Author
Posted
you could try going for an administrative penalty, this is where you pay an additional amount on top of the overpayment in exchange for the council not prosecuting you

 

This was what I was hoping for. Is there any way I can influence this or ask for this instead of prosecution? Or is it entirely down to the Decision Maker making a judgement irrespective of what I'd like to happen?

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losingmymind

losingmymind

Posted
  • Author
Posted
As some one else mentioned, the media may publish "losingmymind of NEWADDRESS formerly of OLDADDRESS was today found guilty of ....."

 

I have seen this in my local press although if someone has moved they tend to express it as "losingmymind of NEWDISTRICT, TOWN formerly of OLDDISTRICT, TOWN" missing out the "formerly of OLDROAD, OLDDISTRICT", which might have the effect of distancing me from the exact location.

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losingmymind

losingmymind

Posted
  • Author
Posted
We currently have a big case going through court and have issued press releases to make local papers etc aware. We also notify local TV andradio stations as well, and you will often find that national media pick up on some cases.

[removed]

 

Hopefully I don't count as a big case. The overpayment would be over £2000 and my solicitor says it could go to court. I've seen big cases reported and I really don't think mine is in that league. Are you saying this only happens for big cases, or all cases that go to court?

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Derwent

Derwent

Posted
Posted
Hopefully I don't count as a big case. The overpayment would be over £2000 and my solicitor says it could go to court. I've seen big cases reported and I really don't think mine is in that league. Are you saying this only happens for big cases, or all cases that go to court?

 

The amount of money isn't always the deciding factor in what constitutes a noteworthy case. Sometimes the circumstances dictate matters - e.g. was it a deliberately fraudulent claim (i.e. fraudulent from the outset) etc

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