Income support and fraud... please help.

outrageous_monkey

Hi guys

I just wondered if anyone give me some advice. I have a friend who was telling me today (story below) and she is really upset and worried. I've asked her to join MSE and post on here but at the moment she is really worried, confused, anxious ....... and has threatened suicide..... so I am posting on her behalf because I am very very worried for her. I have no idea about the benefit system and I cant find anything in the archives similar to her story.

.. here goes..

In Feb i was caught working 12.5hrs a week while claiming Income Support, i went for the fraud interview and was told to wait for a letter, in april the dwp started taking £4.66 a week out of my benefit which resulted in me not getting any income support at all due to other deductions from my benefit. I then get a letter on the 2.6.08 from the dwp saying that they are going to take £60.58 every 91day
which is going to start on the 23.7.08.
On sat 5.6.08 i recieve a summons from the court sayin that i have to attend in Aug, it mentions the DWP but dosnt actually state what they are taking me to court for. I called the DWP an was told that they arent taking me to court for non payment as i am paying it, but they couldnt tell me who and what i was going for. And I am baffled as to why they are taking me to court, what could it be for????



TIA

wrightstar

I really think she should get down to the citizens advice 1st thing tomorrow morning. She needs some proper advice asap.

Good luck. I was taken to court 6 years ago by the council for not paying my rent. as i wasnt entitled to benefits due to my ex employer not giving me a p45 for 4 months.
I couldnt prove i was unemployed, how riddiculous!! So couldnt get any financial help or housing benefit.
When it got to court the judge laughed and appologised for me having to be there.

Im sure she will be ok.

Hawthorn

Um, could it be for committing the offence in the first place perhaps?

dmg24

Do you know which court is was from (i.e. civil or criminal)?

outrageous_monkey

wrightstar wrote: »

I really think she should get down to the citizens advice 1st thing tomorrow morning. She needs some proper advice asap.

Good luck. I was taken to court 6 years ago by the council for not paying my rent. as i wasnt entitled to benefits due to my ex employer not giving me a p45 for 4 months.
I couldnt prove i was unemployed, how riddiculous!! So couldnt get any financial help or housing benefit.
When it got to court the judge laughed and appologised for me having to be there.

Im sure she will be ok.

Thanks!!

My friend says she has been onto CAB (believe it or not, she was a volunteer for them a year or 2 ago) and because of the short time frame there isnt any one able to take her case on. However, she is off to see a solictor first thing in the morning. Thanks again.

outrageous_monkey

dmg24 wrote: »

Do you know which court is was from (i.e. civil or criminal)?

Thanks!

Its a magistrates court, I have no idea what the differance is between a civil court or criminal court???? All I know is, we have one court in town we live in and its from there.

Hawthorn

Ok, tother half is a copper, and he said it would go to magistrates first, then if they can't deal with it it would go up to the crown court.

It doesn't seem likely to me, that they are doing it for non payment I'm afraid.

Edited to add......what your friend did was wrong, no doubt about that, but it's no reason for her to commit suicide. Keep an eye on her. There is very little in this life that can't be sorted out and gotten over

outrageous_monkey

Hawthorn wrote: »

Ok, tother half is a copper, and he said it would go to magistrates first, then if they can't deal with it it would go up to the crown court.

It doesn't seem likely to me, that they are doing it for non payment I'm afraid.

Edited to add......what your friend did was wrong, no doubt about that, but it's no reason for her to commit suicide. Keep an eye on her. There is very little in this life that can't be sorted out and gotten over

Thanks Hawthorn

So what is your OH gut feeling on why she is being taken to court? We cant understand why the DWP wouldnt tell her.

dmg24

outrageous_monkey wrote: »

Thanks!

Its a magistrates court, I have no idea what the differance is between a civil court or criminal court???? All I know is, we have one court in town we live in and its from there.

Magistrates deal with both, so that doesn't narrow it down unfortunately! (Very broadly speaking, criminal deals with things involving the police, and civil tends to be financial things.)

I could be wrong, but it sounds like they want to get a liability order against her for the monies owed. However, often the summons will be cancelled before the hearing. They may just have done it in case she doesn't make the payment later this month, and if she does, they will cancel it.

I know you are worried about her, but if it is any help, those that are truly going to commit suicide rarely tell anyone. Telling someone is usually a cry for help, and luckily she has a friend like you to help her out x

dmg24

Hawthorn wrote: »

Ok, tother half is a copper, and he said it would go to magistrates first, then if they can't deal with it it would go up to the crown court.

It doesn't seem likely to me, that they are doing it for non payment I'm afraid.

Edited to add......what your friend did was wrong, no doubt about that, but it's no reason for her to commit suicide. Keep an eye on her. There is very little in this life that can't be sorted out and gotten over

It will only go to the Crown Court if it is a criminal matter.

It is very rarely that the DWP decide to bring a criminal case. Could I ask how much the total overpayment was? It would need to many thousands, or a repeat offence, for them to take it to criminal court.

Hawthorn

We both think it's because she defrauded the DWP. The person on the phone may not know the reason - it may be higher up than that, if you know what I mean, but these days they do tend to prosecute for this kind of thing.

If you think about it, it can't be for not paying it back, because she has paid it back, and if they haven't chased her for the money, then they also know she's paying it back - does that make sense?