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Benefit fraud - do i need a lawyer?

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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The judge said you are entitled to housing benifit from 2007-2011 but i was silly to sign the forms and fined me 400.00 no im trying to get the council to recalculate all my benefits form thoise dates and they say they do not have to do this.My solicitor has wrote them a letter detailing the courts descision but there saying i have to pay it back.Im stuck as i do not know which way to turn could any1 help please.

    The court have no say on entitlement (other than personal opinion) , they were ruling only on whether you had committed fraud.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    gamby111 wrote: »
    wondering if some one can help me answer this question.
    i had to go to court for housing benifit fraud £9000 for forging letters.

    When was the decision made by the DWP that you were not entitled for this period?
    If it was under 13 months ago, then you can in principle request permission for a late appeal against this decision.

    You really however need professional benefits device.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My solicitor has wrote them a letter detailing the courts descision but there saying i have to pay it back.Im stuck as i do not know which way to turn could any1 help please.

    I've been involved in cases a bit like this where even barristers have (incorrectly ) advised clients that monies cant be recovered after they were prosecuted for fraud of CTB - the charge was for falsely claiming - and the CTB was recovered via Council Tax for which a Liability Order was later granted by a magistrates court.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • gamby111
    gamby111 Posts: 20 Forumite
    rogerblack wrote: »
    When was the decision made by the DWP that you were not entitled for this period?
    If it was under 13 months ago, then you can in principle request permission for a late appeal against this decision.

    You really however need professional benefits device.


    hi they invesigated in in june 2011 but my court date was on 2nd may 2012
  • gamby111
    gamby111 Posts: 20 Forumite
    CIS wrote: »
    I've been involved in cases a bit like this where even barristers have (incorrectly ) advised clients that monies cant be recovered after they were prosecuted for fraud of CTB - the charge was for falsely claiming - and the CTB was recovered via Council Tax for which a Liability Order was later granted by a magistrates court.

    hi im going to put in a late appeal as they investegated me in june 2011 but my court date was may 2012 im not sure who i send this too im completly lost about this
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hi im going to put in a late appeal as they investegated me in june 2011 but my court date was may 2012 im not sure who i send this too im completly lost about this

    Have you been through an appeals tribunal already or was your appeal just with the council ?
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • gamby111
    gamby111 Posts: 20 Forumite
    CIS wrote: »
    Have you been through an appeals tribunal already or was your appeal just with the council ?[/QUOTe
    hi ive just wrote a letter to them now im hoping im in the time scale as its been ongoing from jume 2011 but only just went to court do you think they will recalculate the overpoayment as thats all im asking them to do
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