I Have a court date next week for an overpayment of £5500 - help please

[miracle 1978]

Please help. I Have a court date next week for an overpayment of 5 500 over 2 and a half years. the overpayment is as a result of failure to notify the council of my student status.

 

I was claiming housing benefit and council benefit prior to starting uni and due to ill advice to the fact that lone parents are entitled to hb and ctb I continued. I know the overpayment occurred because of my own ignorance and stupidity but I honestly thought I was entitled to it.

 

Now my worry is the courts will find me guilty of benefit fraud and will ruin all my career prospects. I have recently finished a degree in nursing and a conviction will mean crb will come with a criminal conviction and chances of registering with the nmc are like zero. Is there a way any way of avoiding a criminal conviction. I have never stolen or had a brush with the law. I am willing to repay all the overpayment. I am so scared and suicidal please heelp

[honeybee13]

Hello and welcome to CAG.

 

Do you have legal representation? And have you seen anyone like the CAB about this please?

 

My best, HB

[miracle 1978]

Hello and welcome to CAG.

 

Do you have legal representation? And have you seen anyone like the CAB about this please?

 

My best, HB

 

yes I have seen a solicitor. He has not said much because he has not had a chance to look at the case. I have not even had a chance to discuss anything with him. I know ignorance is not a defence but I assumed because I had declared I was on HB and CTB in my bursary and student loan application the information will be shared. I have not slept a wink since recieving the scary heap of letters from the council telling me I am facing imprisonment and a fine if found guilty.

 

I feel like I have let myself and all my family who were supporting me

[honeybee13]

Thank you for that.

 

Is the solicitor coming with you to the interview? I think I've seen other people here being told they can postpone the hearing while they get legal advice, but I might be thinking of an IUC. Hopefully someone who knows more than me will be along to tell you.

 

Have you already had a meeting with the council?

 

HB

[citizenkain]

they very rarely consider imprisonment,its usually a last resort for persistent offenders but they do look for the overpayment back so dont worry about going to prison,also they can add a penalty to the overpayment,usually 30 per cent and you will probably need to sort a repayment plan with them

[miracle 1978]

Thank you for that.

 

Is the solicitor coming with you to the interview? I think I've seen other people here being told they can postpone the hearing while they get legal advice, but I might be thinking of an IUC. Hopefully someone who knows more than me will be along to tell you.

 

Have you already had a meeting with the council?

 

HB

 

Yes I have had IUC and my benefit was recalculated after that. So naive me assumed that the IUC was to sort out my benefit. In the IUC i was very truthful and explained to them that my bursary went to childcare. They asked for statements of which I provided. The nightmare was when I realised they are actually taking me to court. I wish there was a way to settle this without me getting a criminal conviction because it will mean I cannot get a job within the nursing field and my crb will be ruined. I really want to pay it all back I seriously do. I only want a chance to work and pay back

[miracle 1978]

they very rarely consider imprisonment,its usually a last resort for persistent offenders but they do look for the overpayment back so dont worry about going to prison,also they can add a penalty to the overpayment,usually 30 per cent and you will probably need to sort a repayment plan with them

 

Thanks for your reply. That is very positive. I would want to pay everything I owe back. I am not bothered of any penalties because at the end of the day it was my own naivety that has brought me to this place. So is there a possibility that the prosecutor on the day can seek overpayment only and not a conviction. Will I have an opportunity to speak to prosecution before the actual trial starts ?

[abc123def]

I received full housing benefit and council tax benefit throughout my degree, with my LA knowing about my student status and student income. I wonder why I was eligible but it seems you are not?

[Stan Lee]

abc123def is right: if you are a parent at university with a child, and you don't have a partner earning a fortune, you my have been eligible for some support. what has been the cause of the overpayment? Did you ever get the overpayment checked via citizens advice or welfare rights?

 

Also, you say you were given bad advice. Who gave you this advice? Is there a paper trail or evidence?

 

Also speak to you nursing union rep about this. You're not the first allied healthcare student posting about this; he or she (the rep) may have experience of people getting into problems like this.

 

As the court date is soon you need to seek advice about pleading. I am not a lawyer, but with the stakes high, don't be railroaded into pleading guilty just to make the process quicker, if you ar not guilty of intentionally or dishonestly setting out to defraud. But seek legal advice ASAP.

[Stan Lee]

Also, it might be worth you while having a lawyer speak to the prosecution team and asking them to reconsider based on the implications for you future career, stating that it was not intentional, you have cooperated every step of the way, and you are willing to pay an additional penalty. I believe the odds of this working are slim, but it does not hurt to try.

[miracle 1978]

Also, it might be worth you while having a lawyer speak to the prosecution team and asking them to reconsider based on the implications for you future career, stating that it was not intentional, you have cooperated every step of the way, and you are willing to pay an additional penalty. I believe the odds of this working are slim, but it does not hurt to try.

That is the route I intend to take. I know how difficult it is to get registered with a criminal record so I have lived on the straight and narrow. I have discussed this with my solicitor. I think it would not benefit prosecution in any way to prosecute me. I did not intentionally defraud the system. I honestly thought I was entitled to HB