Magistrates Court

[Kjh85]

The last bank account he had got defaulted as when he lost his job, charges kept getting incurred. Overdraft or DDs I presume.

 

When he found employment again, he was using his mums account but then when we were going to try and sort ourselves out he asked to use mine and I stupidly agreed.

[renegadeimp]

He can still get his own account. Plenty of bansk give basic accounts to people, as long as they dont have a history of fraud.

 

The problem you are going to have is that you shared your bank account. While it might have been innocent enough in nature, you still have to convice them of it. And remember, theyve heard every excuse in the book.

[Kjh85]

And this where I'm at a loss. I agreed. Yes probably stupidly. I'd just found out I was pregnant and didnt want to be alone so agreed to everything he asked of me. A loan to get a car, using my bank account. I was stupid.

 

But I know they're not going to believe me.

[renegadeimp]

To be honest, all you can do is tell them the truth. The ball is then in their court. You may win, you may lose, but at least you know you told the truth and you definitley wont be so "gullible" ( is that the right word) again.

[Kjh85]

Gullible, naive, stupid, I feel all of them right now.

 

I told them in the iuc however like I said before I don't think I got it across as I was really nervous. Which is why I would like to send a statement in.

[renegadeimp]

Put everything down in writing. Read through it a good few times, clean it up so any "rambling" is removed, until you are left with straightforward, coherent facts. If you start rambling, they are more likely to think that you are trying to make up a story as you go. If you give facts, and stick to them, they have one of two options. They would either see you as an extremely good liar, or they will see that you are telling the complete truth.

[Kjh85]

Just a quick update in my situation.

 

I was due to start an evening job so my ex-partner agreed to look after our children whilst I worked evenings/nights. I told the investigator at the iuc that I was starting work, therefore all my benefits have now stopped.

 

However my job fell through (not my fault) I am soooooo stressed over this situation. Im recieving no money for myself now so My ex is now staying at mine during the week, and is paying rent etc as I was supposed to be working, and I'm in the process of changing my circumstances with child tax credit.

 

I'm aware this is another thing that's going to go against me

 

He's also been called for an interview but he says he won't go!

[Kjh85]

I should also explain that in order for him to look after our children, he found a job in my area, which is why he is now staying with me and not at his mums where he was before.

 

He'd accepted the job before my job fell through.

 

I haven't notified DWP that my job hasn't took off as I just don't see the point now. IS, HB and CT have all stopped so I don't need to notify them, is that right?

[flumps1976]

Personally I would advise that you do notify them that the job hasn't worked out but due to a change in your circumstances you do not need to reclaim IS, the reason being is that if you were going to receive the job grant and HB/CtB run on payments that would be classed as an overpayment.

They may still continue with the investigation too.

[Kjh85]

I recieved a form this morning to apply for the job grant which I'm obviously not going to fill in now. I also don't think I get the run on as the letter I had from the LA just said my benefit had been suspended/stopped.

 

I may still give them a ring though. I just don't want anymore questions.

[Kjh85]

Bit of background, I attended an IUC back in January regarding them thinking my children's father was living with me. His wages were being paid into my bank as a favour for him which I didn't even think would be a problem. Aswell as he was using my address without me knowing.

 

I received the outcome from the decision maker saying they had made the decision I had been over paid IS,HB and CTB. I appealed these decisions and am still awaiting an appeal hearing. I sent the appeal form off around 7 weeks ago.

 

This morning I have received a letter to appear before the magistrates court for requisition to answer the offences of section 112(1a) and (2) even though I have yet had my appeal? I understand that these are the lesser charges?

 

To be honest I just want this over now and I can see why they are saying I should of told them about his wages, I just thought as he wasn't living with me it didn't matter.

 

What could I expect from this? The overpayment is IS £5.450 HB £7,400 and CTB £1,200

 

Also I don't think I qualify for legal aid so will I not be able to have anyone represent me?

 

I suffer with anxiety and can not speak for myself very well so this scares me

 

Any help appreciated.

[Kjh85]

Also how likely is it that this will appear in the papers?

[honeybee13]

Hello again. I'm sorry to hear that.

 

I hope the guys will be along later with advice for you.

 

In the meantime, here's a link to your last thread in case it helps the people trying to advise.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?379958-IUC-yesterday-worried-sick!

 

threads merged here - dx

 

My best, HB

[estellyn]

How far along are you with the appeal? Has the appeal been sent to the Tribunal service?

[Kjh85]

The appeal has been sent and I received a letter from them about 7 weeks ago (July 24th) stating that they were processing it and it could take between 6-10 weeks for them to write to me with a date. Haven't heard anything since.

[estellyn]

If the letter was from the Tribunal service, you could write to them and ask for an expedited appeal date, based on the fact that a criminal conviction rests on the outcome of the appeal.

 

You could also ask your solicitor to request that the magistrates hearing be postponed until the appeal has been heard - though I have no experience of whether that sort of request is likely to be successful.

[estellyn]

Also, at appeal, you need to show proof that your children's father was living elsewhere and that you were paying him the wages that went into your account. You will also need to explain why the wages were being paid into your account (the Tribunal judge will argue that opening a basic bank account is easy), and why your address was being used by him.

 

If you can't prove these things then the appeal will be difficult to win.

[Kjh85]

I have no proof that he was living elsewhere. He was at his mums 30 miles away but all bills were in her name, he has horrendous debts and bad credit and therefore has always implied he is of no fixed abode, he was using my address without my knowledge for his work applications and his car which I knew nothing about.

 

I agree, the appeal would be hard for me to win based on this which is why I'm thinking I just want it over with.

[45002]

Bit of background, I attended an IUC back in January regarding them thinking my children's father was living with me. His wages were being paid into my bank as a favour for him which I didn't even think would be a problem. Aswell as he was using my address without me knowing.

 

I received the outcome from the decision maker saying they had made the decision I had been over paid IS,HB and CTB. I appealed these decisions and am still awaiting an appeal hearing. I sent the appeal form off around 7 weeks ago.

 

This morning I have received a letter to appear before the magistrates court for requisition to answer the offences of section 112(1a) and (2) even though I have yet had my appeal? I understand that these are the lesser charges?

 

To be honest I just want this over now and I can see why they are saying I should of told them about his wages, I just thought as he wasn't living with me it didn't matter.

 

What could I expect from this? The overpayment is IS £5.450 HB £7,400 and CTB £1,200

 

Also I don't think I qualify for legal aid so will I not be able to have anyone represent me?

 

I suffer with anxiety and can not speak for myself very well so this scares me

 

Any help appreciated.

 

 

Have you had any sort of legal advice at all !

[Kjh85]

I had a solicitor attend the IUC with me but to be honest she was rubbish, she just let me say what I want and has had next to no contact with me since. At the time I was on ID so got legal aid but since this has happened my benefits have been stopped so my children's dad had to move in to support his children, we are not in a relationship but I've obviously had to make joint tax credits claims and now I won't qualify for legal aid so can't afford a solicitor now.

[abc123def]

Given that there are basic bank accounts for people with poor debt, either Co-operative Cashminder, or once bankrupt Barclays basic, I think your case is difficult to prove. Was your partner down as living with his mother wrt council tax?

 

A jail sentence is unlikely for a first offence, especially if you have children who need you. A solicitor would be very useful however as they can sum up mitigating circumstances and a defence really well and this does influence the magistrates decision on punishment.

[Kjh85]

He wasn't down as living anywhere, due to his debts he didn't want his name in the electoral roll.

 

I thought a jail sentence was unlikely anyway as it is a summary only offence? I can't afford a solicitor as I don't qualify for legal aid? So I'm not sure what to do for solicitor now

[abc123def]

Technically, if they feel that your partner was living with you and you should have informed them then you would be commiting fraud which is possible to mean a jail sentence given my magistrates of up to one year (they need to refer it to crown court if they want the sentencing to he higher) but as said, that is unlikely. It's a shame it has got this far and the overpayment agreed out of court as it will now show up on dbs checks etc. Unfortunately the press may hear of it as they usually have a reporter in court deciding which cases to talk about. Whate date are you in court? I would try very hard to get yourself a solicitor somehow.

[Kjh85]

I am in court November. I have no chance of being able to afford a solicitor unfortunately

[Kjh85]

Also is it still a fraud charge? The papers say for the section I have been charged with it doesn't mean I have been dishonest and they don't have to provee dishonesty in my case just that I should have changed my circumstances? Is this correct?