Ive made a stupid mistake

[terriersaregreat]

Any chance of contacting CAB before the interview? They may have someone who can help. Just thought that you might qualify for legal aid. Check with CAB what they can do if you can.

 

I know that it is a very difficult time for you but try and stay positive get the interview out of the way and come back to us so that you can receive great help on organising your finances. It'll soon be over and what's done is done evidently you have accepted that the truth is the best answer to all the questions.

 

Just survivnig sometimes is hard. You're a survivor and you are going to be OK.

TAGx

[annie4567]

Well I could try terrier, but I think its too late to be honest, I dont want to go down the solicitor route, not until I know for definite if they will take me to court...then I will have no choice...hoping it wont come to that as that will put my job at risk. If I lose my job...I lose the house. Thanks Rebel...I will have to look into if I qualify for legal aid.

[terriersaregreat]

A solicitor will attend whether or not they take you to court. In the event that they do at least a solicitor would be able to record what you said and what they said, and legal aid is available if you qualify.

[jadeybags]

Unfortunately most solicitors wont attend IUC's through legal aid. But they dont usually mind giving advice about it over the phone, beforehand. Some people have been lucky enough to find one to go along, but it's rare, they're not being paid for it at the end of the day.

But it is a tricky one if you knew it was wrong to not declare daughter.

That one has to be down to you. Ultimately they are looking for an admission of guilt on that tape. But even people that have admitted it can go on to not be prosecuted & recieve a caution (they give those to people that admit guilt in the IUC) I am pretty sure they cant issue one otherwise. Dont hold me to that though, I could be wrong.

edit: just checked, they can definitely only offer a caution if you admit guilt, although you dont have to agree to recieve it. You dont have to admit guilt for a penalty (30% on top)

Edited June 11, 2011 by jadeybags

[terriersaregreat]

Several years ago found myself in a position of being wrongfully investigated. Well I must be ever so lucky because I found a solicitor straight away! Look on legal aid websites for solicitors who specialise in benefit fraud.

 

Also ask for a copy of the tape.

[annie4567]

Jadey so if I admit my guilt i can only receive a caution? Is that a formal caution? thanks again x

[annie4567]

I know it sounds like I am trying to get off with this, but I am not, I am trying to save my job....if I lose my job....I have lost everything....and I have fought for years for my kids to have a decent life!

[jadeybags]

Jadey so if I admit my guilt i can only receive a caution? Is that a formal caution? thanks again x

 

Ah, no, I didn't mean it to come across like that. Sorry. What I meant was, if they decide not to prosecute & offer a caution they can only do that if you have admitted guilt.

If you dont admit guilt & they still think you have commited fraud they wont automatically prosecute then either.

That's when they may offer a penalty.

The decision to prosecute is based on a few things, is it worth their while based on the amount. They have been known to prosecute someone for 500 quid, but that's rare. And possibly not their first fraud offense.

I'm not sure if I would go admitting guilt in an IUC, if they directly asked me to admit it, I would possibly say I would rather consult a solicitor if you don mind.

That's what a solicitor told me to say if I was worried about saying something I shouldn't. As he said, & the woman that actually interviewed me said, IUC's can have people saying things that they shouldn't because they are under pressure.

My interviewer actually said she had somone there that she knew hadn't intentionally done wrong, but she went & admitted to everything because she thought it would make it all go away.

She said she was gutted because it was on tape. Dont know how true that was, but I can well imagine it happening.

[Desperate Daniella]

Annie,

 

I've emptied my inbox.

 

DDxx

[annie4567]

Thanks Jadey for your reply.....well I have worked out the amount overpaid, by doing all the calculations on the calculation thing I found...its about 2900....so more than the £2000 that I keep reading about.

I have also read though that because the claim was made and was wrong from the onset, that this will go against me..as oppose to not notifying part way through a claim of a change of circumstances, this maybe more reason for them to prosecute, a few people have said about the legal thing, but as my interview is tomorrow then its too late...I know admitting my guilt does not stand me in good stead but if they ask me did you not put your daughter on the claim my only answer can be no I didnt, and explain that due to the circumstances I was facing having nowhere to live.

[terriersaregreat]

Not sure what time your interview is but would you have time to contact CAB before attending the inteview?

[annie4567]

My interview is in the afternoon.....I just dont know if I will have time to contact them, I am at work for a few hours in the morning, then straight to the interview, I was going to book the day off but I wasnt able to, due to others being on holiday. I cannot make personal calls in works time.

Edited June 13, 2011 by annie4567

[Desperate Daniella]

I think we should be very, very, very careful about what is posted on this thread. You have a watcher who is not sympathetic at all.

[annie4567]

Oh....I dont know what to say...? maybe I should ask for the post to be removed?

[terriersaregreat]

Don't quite know who DD is referring to. I know I am very sympathetic and just hate to think of you on your own. Best take someone with you for company. Just wish you had been able to contact someone experienced in this to advise you. I have no idea about what can be decided or not decided. At the end of the day you must do what you feel is the right thing to do.

[Desperate Daniella]

Hi tag,

 

It's no-one who has posted on the thread. We're all on annie's side.

 

for tomorrow, annie

 

DD

[terriersaregreat]

See what you mean. Oh I do hope Annie will be OK tomorrow. TAG x

[Desperate Daniella]

We're all going to be thinking about you until we hear from you tomorrow, annie.

[Life-Goes-On]

I know it sounds like I am trying to get off with this, but I am not, I am trying to save my job....if I lose my job....I have lost everything....and I have fought for years for my kids to have a decent life!

 

No one could blame you for wanting the best result.

 

I'm with Jady, I wouldn't admit guilt in your IUC. To my mind it's easier to decide to prosecute if you have already admitted to it.

If they do offer a caution for admitting guilt, that's another matter.

[Desperate Daniella]

Totally agree. You must not admit guilt. You were in a terrible state, for God's sake. If you get a caution it will show up on any CRB checks. Anyone would understand what happened, so don't get bullied into admitting to something you didn't do.

[Life-Goes-On]

The trouble is Annie did do it, but she doesn't have to admit it. What she needs is the best possible outcome.

 

She may have mitigating circumstances, but she did know she should have told them about her working daughter.

 

If you look at the what Annie has said, if it goes to court I would say she will be found guilty (I would have thought a solicitor will tell her to plead guilty with mitigating circumstances)

 

The best that can happen is just an overpayment (with/ without penalty)

The next best is a caution

The last is having to appear in court.

 

All the above is just my opinion not legal advice

[Desperate Daniella]

Hopefully they will just agree to annie repaying the overpayment. If they are reasonable they wouldn't expect more than that. Annie should not accept a caution without proper legal advice and should say that if they suggest it.

[Life-Goes-On]

I totally agree she should take legal advice if offered a caution, that's why I would go with a solicitor, as then they would know the everdence.

You're also right about it showing up on checks, but it isn't a criminal conviction as it would be if it went to court and was found (or admit) guilty (guilt).

[Desperate Daniella]

Hi LGO,

 

It's the time element which is stopping Annie from getting help from a solicitor before tomorrow.

 

I know it's not a criminal conviction, but as you say it would still show up on checks and annie needs to avoid that at all costs.

 

DD

[Life-Goes-On]

Personally I would delay it.

I can certainly understand Annie wanting to avoid a caution and it showing up. But what is even more important is it not going to court if at all possible.

 

How I see it if it goes to court Annie can plead guilty with mitigating circumstances or plead not guilty and lie. (can't see how she could plead non guilty and be totally honest)

 

EDIT and I'm certainly not advising that latter.

 

EDIT No 2. I was forgetting the other option of pleading not guilty and not taking the stand.

Edited June 12, 2011 by Life-Goes-On