Fraudulent Overpayment of Council Tax and JSA - Court Date Set

[maureen123]

Can anyone help me, I'm worried to death.

At the end of 2007 I worked a month but didn;t declare it and continued to sign on for that month as it was with a temp agency and didn't know how long the job would last. Luckily I found a temp job over xmas and stopped claiming. After I signed on again.

Again at the end of Jan I found myself out of work again, so signed on. My temp agency contacted me again and said that I have a few hours work for you, but again I kept signing on as I didn't know when this would stop again. It started off a few hours a week and then went onto more hours. During this time I got mixed up with the wrong crowd and got myself into a drugs, so was working more hours and signing on to pay for my habit.

I did this for 4 months, working as many hours as I can, and also every fortnight was claiming housing, JSA and council tax.

I got to a point where I needed to sort my life out so went away for two weeks to clean up my act and sort my life out. Which I have now, and as soon as I got back, did the right thing and stopped claiming.

Six months later I got a letter frm DWP and I was invited to an interview and was under caution and being investigated for a fraudulent claim. I was completely honest in the interview also telling them about the drug habit I had at the time. In the interview I asked what was going to happen they said because I stopped claiming of my own accord and because it was a small amount, that it would not be taken to court and would have to pay the overpayment back.

I claimed just under £2k in total, and am currently repaying that back.

Until today I thought that was over, however, I recieved a summons with a court date. I've got no idea where to go for advice or where to get a solicitor to help me that would be free as I can't afford to pay for one.

Can you please help me? What is the most likely outcome of the court hearing?

Thanks

Maureen

Edited July 28, 2009 by maureen123

[kinkyklee]

hi maureen when you go to court dont worry...u will get a duty solicitor if ur not workin you will get legal aid i did the same thing,never got a solicitor till i went to court...you are paying it back so the courts should see that and there shouldnt be no further action as what more can they do,,u admitted they excepted and you are paying it back so thats all therer is...if you are that worried please phone cab(citizen advice or ring round your local solicitors)dont panic its not the end off the world everyone has had nearly same prob on ere i think..

good luck

[kk3852]

I'm surprised that you have been taken to court for an amount less than £2,000. It suggests that you might have been given a caution or an administrative penalty in the past - is that right?

[maureen123]

i did have a conviction but that was for shop theft for a small item and it was not alot of money so had a fine . but that was over 14 years ago and has now been stepped down . I have paid some of the money back now too by birect debt each month i was also told when they cautioned me that it will be unlikely that it would go to court as i did stop doing it of my own acount before they found out and it was not that much money im very worrid in case i get a crimial conviction as for the work i do now i have to have a cbr check every year

[maureen123]

Thanks for your help

[kk3852]

I know that you are going to court and the next bit might seem a bit strange----but everything is in your favour, you admitted it at the first opportunity and you are repaying the overpaid amount.

 

Unless you decide to ask for a trial - the likelyhood is that it will be dealt with in magistrates court and they have much less sentencing options than the higher court.

 

No-one can really say what they magistrates might do - they could give you a conditional discharge or a fine (but I have known them tag people for benefit offences)

 

You can ask for the duty solicitor when you get to the magistrates and they will represent you for free. But it might be worth going to a solicitor beforehand - even if you find one of those that do a free half hour (or thereabouts). If nothing else it might just put your mind at rest, even if its only a little bit

[maureen123]

thank you anyway

[snowi]

My case ids still ongoing nearly 2 years later every court date i go to gets put back , i was paying mine also and then 8 months later took to court procceds of crime against my home also so iv got 2 trials now , they say they will accept 17 thousand ? where my going to get that i dont care anymore i really dont i made my self ill well not any more if i was a killer a rapist a drug dealer id be scott free just now i dne wrong but because i was on my own with a sick child , i had to i got 35 pounds a week at one time to live on so i done it , and to be honest after what iv seen happen to this counrty the only thing i regret is getting stuck in for it

sorry folk but iv gave up now xxxxxxxxxx

[InformedSearcher]

The dreaded DWP - They are cunning you know!

Example (in my case) that in month 3 of Contribution based JSA I did for just over three weeks some part time training that I was paid for. I was paid I think £390 as I left just having ended the training. I was honest (under 15 hours per week) and gave my NI number. At the end of the 6 months of JSA I got the letter for an under caution interview. I in being honest was genuinely unaware I was supposed to tell the JC. Anyhow a few weeks later was the letter telling me I had to pay back £198.60 in overpaid JSA. Having been quite upset from the whole experience I thought that was that. As I'm still unemployed I had problems paying and they agreed some silly low monthly payment.

Two days later a letter telling me I owed the statutory 30% penalty as well and had to go to the JC to sign I agreed. You see not agreeing is heavily weighted in their favour and what they can do. I put the words 'Foced to sign under protest' to the smile of the officer there on each sheet.

Personally whilst I understand ignorance is not a reason for 'escaping' I find the whole business quite 'big brotherish'. In fact not once (and I still sign on) have I ever been sked if I have or intend to start any employment.

I did not even see a way of appealing anything. I believe you cannot win because the rules are without leniancy, discretion or the remotest bit of understanding!

Michael