£5500 housing benefit overpayment. Please help! So scared.

[jjbe]

Hi again shoelover,

So would a £5500 overpayment not usually be classed as a high overpayment for the local papers? Our overpayment occurred in a different county and from a different council to where we are living now so do you think this could also make it less likely to appear in the local paper where we live now? Are you sure that as the overpayment was in a different area that the court case won't be held there?

Our local paper always has a double spread of 'around the courts' action and it usually includes drink driving offences/speeding which I would not class as really interesting. I do not condone drink driving though!

Also, what are the other circumstances that would make our case unsuitable for prosecution?

Thanks x

[Shoelover]

In the grand scheme of things £5,500 is not that huge. The papers prefer more salacious stories. X

[jjbe]

Thanks shoelover, with regards to the overpayment being from a different council in a different county, do you think it might be likely that they will have the hearing where we used to live as the council may be involved?

Can I post another thread to see if anyone else has been in my situation?

Thanks again x

[honeybee13]

Thanks shoelover, with regards to the overpayment being from a different council in a different county, do you think it might be likely that they will have the hearing where we used to live as the council may be involved?

Can I post another thread to see if anyone else has been in my situation?

Thanks again x

 

Hello there.

 

It's not usually a good idea to post a new thread about a current problem, what is your thinking please? We prefer to stick to one thread per problem unless there's a particular reason.

 

HB

[jjbe]

Ok don't worry I won't post another thread x

[honeybee13]

I could change the thread title if it would help, but I don't know how many people here will have had a similar problem.

 

Hb

[Shoelover]

Thanks shoelover, with regards to the overpayment being from a different council in a different county, do you think it might be likely that they will have the hearing where we used to live as the council may be involved?

Can I post another thread to see if anyone else has been in my situation?

Thanks again x

 

 

The file would normally be dealt with I your new area & any court hearing (if it comes to that) locally. X

[jjbe]

Thanks. Another few questions, sorry..

Have you known any cases of just a penalty/caution being given in our situation?

Have you dealt with any similar cases to ours and what was the outcome of them?

Thanks again x

[jjbe]

Also realistic how long do you think we will need to wait for the Iuc letter to come through? Baring in mind that the overpayment has already been calculated? Thanks x

[jjbe]

*realistically

[Shoelover]

Also realistic how long do you think we will need to wait for the Iuc letter to come through? Baring in mind that the overpayment has already been calculated? Thanks x

 

That I can't answer.. It depends on workload & how quickly your council send it. They may decide not to.

[jjbe]

That I can't answer.. It depends on workload & how quickly your council send it. They may decide not to.

 

Thank you

 

My mind is still going ten to the dozen, I can't sleep, eat or function very well. With 3 young children I'm finding that very hard. My OH is telling me to snap out of. He thinks they won't prosecute him as it was a genuine mistake and they won't want him to lose his job as we would then be on lots of benefits as we have three children.

 

I can't believe he's not worried, his name is on the claim!

 

I don't think they will care about him losing his job and us going back onto benefits??

 

Also someone else mentioned a change of name... If it came to court could OH change his name by deed poll and update everyone (court, council, hmrc , banks etc) but keep using his normal name with other people (just so work don't find out) also could he use a different address for the court things, so our address won't appear in the local paper?

 

We would lose our rented house if that was the case.

 

Thanks again x

Edited November 7, 2015 by honeybee13
Paras.

[honeybee13]

Hello there.

 

I know it's easy for me to say, but I think you have to stop letting this rule your life. Uncertainty is a tough thing to deal with and we're all inclined to think that things will be worse than they actually turn out.

 

I've had anxiety problems and been to groups to help me manage that. One of the things they taught us was to worry about the things we can control and to let go of things we can't control.

 

If you're helpful to the council and are as contrite as you are here, I think they will see that and make some allowances for you.

 

HB

[Shoelover]

HB is right...

 

You have done everything you can and you are overthinking it & torturing yourself. You know that if it happens that you have people here who are happy to help. I doubt anything will happen this side of Christmas.

 

Whilst the uncertainty must be horrid don't let it rule you, or ruin stuff for you. You have made your mistake & are dealing with it. It's very obvious you are sincerely sorry.

 

Make a clean breast of it & tell the council about that other job. Keep the proof that you have to show that as soon as you became aware you did everything you could to put it right. Then take a deep breath & stick the kettle on. Put all this to the back of your mind.

 

Hugs xx

[Shoelover]

Thank you

 

My mind is still going ten to the dozen, I can't sleep, eat or function very well. With 3 young children I'm finding that very hard. My OH is telling me to snap out of. He thinks they won't prosecute him as it was a genuine mistake and they won't want him to lose his job as we would then be on lots of benefits as we have three children.

 

I can't believe he's not worried, his name is on the claim!

 

I don't think they will care about him losing his job and us going back onto benefits??

 

Also someone else mentioned a change of name... If it came to court could OH change his name by deed poll and update everyone (court, council, hmrc , banks etc) but keep using his normal name with other people (just so work don't find out) also could he use a different address for the court things, so our address won't appear in the local paper?

 

We would lose our rented house if that was the case.

 

Thanks again x

 

Court have to have a correct bail address.., don't do that!!

 

Honestly the decision as to prosecution or not takes into account a great many factors, if you are really worried go on the DWP website & read the policy.

 

Stop worrying though!!

[jjbe]

Hi everyone,

 

Thanks for the advice, it greatly appreciated.

We haven't heard anything yet, and I must admit I'm not doing to well at putting it to the back of my mind.

Every time the post drops on the floor I think 'is this it?'

I'm googling galore and terrified of it being in the papers!! Our relationship has been put under so much stress too.

This has all be compounded by the fact that I have just found out I am pregnant with our 4th child (totally unplanned!) this pregnancy is going to be very stressful!

I keep hoping the council will not pass the case to the DWP and accept our explanation but I don't think that's likely x

[jjbe]

Hi again,

Does anybody know how much roughly it will cost for a solicitor to attend an IUC? Then the magistrates court if it goes that far?

Just a rough estimate as I can't find any answers online x

[id6052]

Hi again,

Does anybody know how much roughly it will cost for a solicitor to attend an IUC? Then the magistrates court if it goes that far?

Just a rough estimate as I can't find any answers online x

 

Unfortunately, that is a "how long is a piece of string" question

[jason2723637]

for me for benefit fraud (error not fraud by intent) it cost total of 700 quid for a solicitor who attended with me at magistrates court

[jjbe]

for me for benefit fraud (error not fraud by intent) it cost total of 700 quid for a solicitor who attended with me at magistrates court

 

Thanks Jason, did they also attend the IUC with you?

If you don't mind me asking what was your overpayment and sentence?

Thank you

[jason2723637]

This was over HB overpayment and no I had an interview but I wasn't told as far as I remember that it was IUC hence no solicitor there then as far as I understood that was all this was initial and not what subsequently happened 2 yrs later cos they couldn't find me (changed address plus I didn't know I was being charged with benefit fraud) until all of a sudden 2 yrs later I got a letter at new address that I was and on the letter it said I would have to attend magistrates court over this matter.

 

so I did with my solicitor my housing benefit overpayment was just under or around 2k but with court costs the judge made it like 2800 pounds (gotta only pay back 10 pounds per fortnight as on benefits that was the ruling) and it was just a conditional discharge.

 

BTW it only went to court I think cos I went off radar for 2 yrs but I remember they initially just wanted to claw back the money not take me to court as the first letter I got about this said such but then due to unforeseen circumstances and chg of address I went off radar, forgot about the overpayment, did not make any further contact with them on this matter and only after these occurrences and after 2 yrs of trying to find me was it escalated to court.

 

hope this helps

[Molliemoomoo666]

Hi stop panicking my brother was in the same situation as yourself he was overpayed by nearly 7,0000 he set up an agreement and payed them £30 a mth back . Every so often they sent him an form to see if hes income has changed he went down to working 16hrs per week so now pays them 10 per mth . They just try to scare you with the threat of court ect they sent brother same letters ect but he held hands up said look ill pay u back what i can afford and they were fine . Too be honest if it went to court the judge would say look hes made an offer to repay this is what he can afford end of story! There are thousands out there that owe more than you so stop worrying dont even bother seeking a solicitor you would be throwing money away just stick to the agreement you make with the council and do NOT miss a payment x