Court Summons For Benefit Overpayment After I Have Been Paying It Back For A Year?

[Peepo]

A few years ago I was self employed but not earning much so I was receiving housing benefits top-up.

I decided to improve my prospects & enrolled in university for a degree. I applied for the full whack of student loans.

As I was finishing my final year at uni I was interviewed for benefit fraud. My view at the time was, I was self employed if I want to go to uni and get a degree in my spare time that is my business, as I was paying the student loan back it is no different to me getting any other type of loan - apparently the law doesnt agree and a payment arrangement was set-up for me to repay the overpayment.

I have been happily repaying the overpayment for well over a year now. So I was surprised when I received a court summons today about this very matter.

I think I need legal advice now,can anyone help?

[tomtom256]

The overpayment and court proceedings are two differetn things.

 

The overpayment is the cival side and would need repaying back regardless.

 

The fraud element is the criminal side.

 

Presumably as you have a summons the LA have decided that oy uhave committed fraud and have insitagted proceedings against you based on evidence and what was stated at the interview.

 

The charge will be on the summons and this will tell you what offence they believe you have committed.

 

Have you also received a file with the summons? If not request it or get a solicitor and they will obtain it for you as this will show what evidence they intend to use.

 

After your interview they should have given you a leaflet about what could happen next and it all would have been explained in that.

[Peepo]

Hi, oh I see. Why has it taken them so long to decide they are going to take me to court? I was interviewed well over a year ago.

They have sent some files they will be using as evidence. I dont remember receiving the leaflet after the interview but it was ages ago.

So is this court date an opportunity for me to give my side or am I already condemned and they just want to tell me in an official capacity.

I dont know whether I need a solicitor or not?

[tomtom256]

No excuse for time, some cases can take a few wqeeks to go to court some can take months.

 

Investigator would have to get statements etc for any evidence to ne admissable in court, this can take a while as some companies are loath to give them.

 

Could be a point to raise regarding proceedings, but 6 months to a year can be the norm with some.

 

Court date is for you to offer a plea of guilty or not guilty and for the court to decide either way. The court will also issue any penalty/punishment if found guilty.

 

Presumably the overpayment in question was over £2k?

[Peepo]

Hi, ah I see.

Yes the overpayment was above £2k. Do I need a solicitor?

[antone]

I would advise that you do seek the help of a solicitor, yes. The outcome of the case has not yet been decided (that is, it's not simply a case of the court "rubber stamping" a penalty or whatever) and a solicitor will be able to help you put your case in the best way possible.