DWP Interview Under Caution

[sadone]

Sorry to hear that things are still sounding so grim, and yes, what with all the funding cutbacks many people are finding it incredibly difficult to get any legal advice, which is sadly only to get worse in the next year or so under even harsher cutbacks. So you can't get any free legal aid at all then?

 

Please continue keep us informed of how things work out.

[SKJP]

Hi sinkinghelp,

 

LA in the CC is a little different than in Magistrates. It's possible to 'fail' the magistrates means test, but still be eligible for LA in the CC, or receive some LA, but have to make extra contributions.

 

It's complicated stuff, but there's an overview here: http://www.legalservices.gov.uk/criminal/criminal_legal_aid_eligibility.asp. (scroll down to the table at the bottom). You can also do a full calculation by using the xls spreadsheet calculator near the top right of this page: http://www.legalservices.gov.uk/criminal/getting_legal_aid/eligibility_calculator.asp

 

If you 'fail' LA on your income alone, a full means test can be undertaken for both court scenarios, that takes into account very basic outgoings like rent/mortgage and council tax. In extreme circumstances, an even fuller means test can be taken, when you still fail even after taking away rent & council tax, but are clearly in hardship.

 

PS: Who told you you'd be going to CC for that level of overpayment? Generally, O/Ps under £20k will stay in the magistrates court (and some magistrates courts have dealt with much higher than £20k). It's not necessarily cut and dried, based only on the amounts, though. Very complex or very serious frauds (regardless of the amounts) are often referred to CC in order to take advantage of their 'better' knowledge, as well as their more comprehensive sentencing powers.

 

Nevertheless, if you're charged with an 'either way' offence (which most benefit offences are), you can always choose CC, even if it was destined to be heard by magistrates.

[sinkinghelp]

Hello folks

 

Not been to well so not replied sooner. Thanks for the comments all very usefull and I will follow up. The Council have been sending me reams of demands which after refusing to answer my letters or give any information for some 5 months now is taking some dealing with. I have been in touch with Ombudsman who cant intervene as the council have a long period to put things right before the ombudsman can look into it. That is what they say anyway.

 

Nothing from DWP other than the demands for payment but I have appealed on their GL 24 I suppose if I could have got someone with welfare benefits experience it would have made a better appeal but I did my best so we shall have to wait and see

 

Thanks to all your comments do help

 

kind regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

Still battling with the local authority the mistakes they keep making then simply respond with very curt letters

 

Still no response from DWP what is happening or indeed any response to my GL 24 Appeals

 

Oh well just going from day to day

 

kind regards

 

sinkinghelp

[flumps1976]

The GL24dwp form will be passed to the appropriate processing department who will then refer for a reconsideration of the decision automatically, if te reconsideration is not changed it will be referred for an appeal. The appeal can take quite some time to be prepared and heard at a tribunal in fact in some cases you could be waiting 6 months approx.

[sinkinghelp]

flumps1976

 

Thanks for taking the time to read and respond. The biggest problem besides the thought of going to court is that the council insisted on demanding full rent and full council tax when in fact there was no need.

I fought for 5 months and they have now calculated the rent and council tax and re paid the overpayment we had paid

 

It was disgracefull what they did but I think it was part of the process in causing me additional distress

 

Not until I involved the Local Gov Ombudsman did the council start and re calculate what should have been done 5 months earlier

 

Right so a bit more waiting to see what DWP will eventually decide what to do.

 

thanks again

 

sinkinghelp

[sinkinghelp]

Hello folks

 

Just an update as the horrendeous experience still rolls on. The council have decided to include arrears which had been previously dealt with by a Bankruptcy stating that they could because a fraud had been committed and they want that money as well

 

I have written to the court and to the council and await a response from both

 

The council have without me going to court - have found me guilty and are demanding repayments without delay. They also state on every single sheet of printed paper that the money will be recovered and I may or may not be prosecuted in a criminal court

 

I assume that having received all this at the weekend it wont be too long before the DWP advise me of their intention and they seem to have got the figure to a huge figure of around £13,000

 

This has now been going on for some time with no end in sight. My local C A B are totally out of their depth and as I only get £33.00 per week Incapacity Benefit and no passport type benefit I cant get any help from a solicitor

 

So on we go on this merry go round

 

thanks to all who are responding it is helpful

 

kind regards

 

sinkinghelp

[sadone]

Oh I'm so sorry to hear that this is still dragging on and that the local council are being so unreasonable over it all.

 

I do hope things start to improve for you at some point.

[sinkinghelp]

Hello sadone

 

Thanks so much for the reply it does help. It is a big legal machine that justs gets consumed by its own power

 

If they had to deal with someone who is legaly trained I am sure they would not keep bombarding the person with stuff as they are doing. I am up to 18 different Benefit Change Decision letters from the council and each one is different.

 

Oh well - but thanks again

 

I dread the postman everyday. For five months I had no contact and I think they are making up for it now

 

kind regards

 

sinkinghelp

[sadone]

Did you ever try contacting your local MP over this? A long shot I know.

[sinkinghelp]

Hello folks

 

Despite not being prosecuted YET ! The local council have decided to collect the council tax for the period of two years before my bankruptcy. Is this legal ?????

 

Any stated cases would be helpfull

 

The DWP have still not decided on whether what action they are taking and its now some 7 months on !!

 

regards

 

sinkinghelp

[sinkinghelp]

Hello everyone

 

Well a letter from the DWP today and the DWP have decided to go back two years before my bankruptcy saying they can

 

So even more money they are demanding

 

I have submitted a GL24 against these new figures and I have also written to the Official Receiver in Bankruptcy to ask if this is lawfull what the Council and the DWP are attempting to do.

 

It makes a mockery of the Bankruptcy Procedure

 

kind regards

 

sinkinghelp

[RaeUK]

I can't add much, sinking, but there are some debts that cannot be made to disappear via bankruptcy. And, it would appear, there are some that are down to the whim of those involved. I haven't read the entire thread, so I don't know if Council Tax debt was one of them. However, outstanding Council Tax can be written off in bankruptcy but, it seems, it is down to each individual Council to follow it's own policy on this. In my case, bankruptcy did remove outstanding Council Tax, but for others in different Council areas it hasn't! ...

[sinkinghelp]

Hello RaeUK

 

Thanks for the reply. Initiatly they did write off the outstanding council tax eventualy but it took a lot of pressure. Now four years on from the bankruptcy they have brought the outstanding amount back up as they say they can.

 

They have been the most vile of organisations to deal with the local council. They ignored me for five months until I went to the Ombudsman then bombarded me with letters benefit claim decision notices

 

They have made some glaring errors for which they have apologised but are still intent on a civil liability order and also a joint criminal prosecution sometime soon

 

I have nothing left to give. My house anything else valuable has gone with the bankruptcy

 

My health is such I wake up everyday saying OK thats good I am still here - heart disease - kidney failure - diabetes the list goes

 

Anyway thanks for the reply

 

regards

 

sinkinghelp

[Nystagmite]

Despite not being prosecuted YET ! The local council have decided to collect the council tax for the period of two years before my bankruptcy. Is this legal ?????

 

I don't the ins and outs, (I'm sure someone does?) but I'm sure I read that you can be overpaid without you actually being prosecuted. I think one's civil and the other is criminal law.

[sinkinghelp]

Hello

 

Thanks for the reply. I have as you can imagine deeply questioned the council over their action and indeed I am awaiting a reply from the Official receiver.

 

The Council have decided I am guilty of various offences and want the over payment back now. The criminal prosecution they intend to apply along side the DWP is the cream on the cake for them

 

Despite this whole mess was caused by a DWP employee because it is down to my word or theirs I loose !

 

regards

 

sinking help

[Nystagmite]

Can you prove that it's someone elses mistake?

[sinkinghelp]

Hello

 

I have the fact that the original questionaire is full of errors made by the DWP operative on the telephone interview. They were corrected by me before I sent it back. I declared when asked about the ill health pension by the court. HMRC were aware but I would have more chance of platting fog than making the council and DWP believe me.

 

I have not been made aware that it needed to be disclosed until investigated last November 2011.

 

The question had not arisen prior

 

regards

 

sinkinghelp

[sinkinghelp]

Forgot to say this was 6 years ago

 

regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

Still waiting for the DWP and Council to make their minds up which way they intend to jump regards further action

 

I strongly believe the council wont make and decision until the DWP do

 

regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

The local council have decided I am guilty and have advised me that they will be applying for a liability order at the local magistrates court for the amount they allege I owe but they also warn me that this is addition to the criminal prosecution they may take in my case

 

Again more pressure and threat and quite clearly waiting for DWP to move first

 

regards

 

sinkinghelp

[sunny jim]

The council obtains a Liability Order from Magistrates Court to secure their debt & allow them to pass it to the bailiff if you don't make a payment arrangement. It is entirely seperate to the Criminal Case against you [ie:making a false statement to obtain benefits] Repayment of the fraudulently obtained benefit can be used only as mitigation in the criminal case.If the Council & DWP decide they have enough evidence to secure a prosecution then you will receive a joint summons so that the entire alleged fraud can be put before the Magistrates.

[sinkinghelp]

Hello sunny jim

 

Thank you for taking the time to respond and for the information that is very helpfull. The council can send the bailiffs in as much as they want everything of value was taken during the bankruptcy of which the council and DWP have decided to ignore but I am still awaiting a response from the official receiver over that

 

thanks again all replies are interesting

 

I shall if taken to court be pleading not guilty and we will see what a jury make of it considering the amount of errors made by DWP and Council

 

kind regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

I have just heard today that the Local Government Ombudsman has agreed to investigate my local council and they way they have behaved so a chink of light in these dark days

 

However the local council are so arrogant they are most likely to ignore the Ombudsman as they have done so far. The Council had until the 6th of June to comply but have failed to satisfy the initial enquiries so the complaint has gone to another office and area for more investigation.

 

See how that goes

 

kind regards

 

sinkinghelp

[sinkinghelp]

Hello Folks

 

I have had a letter today from the Official Receiver that the local council and DWP can claim back overpayment of benefit.

They are suprised however that as I told the court and hmrc and others that this was not picked up by the sharing of information that goes on.

I have explained to receiver that I was told by the DWP on the telephone interview that as it was an old ill health pension from the 1980's it would be disregarded for benefit.

 

So back to waiting for the decision to prosecute or not and when

 

regards

 

sinkinghelp