Did benefit fraud, called in for court

depressiveguy

The situation isnt as clear cut though but I expect to get a lot of negative responses.

Essentially I had a serious mental health problem due to a few years of building up depression so what I did was move house but as i didnt leave the house for around 2 weeks at a time I was too depressed to go back to my old place to get belongings, this continued for over a year until they caught me out as I claimed at new address.

Now they want money back which is fair enough but I have not been receiving letters due to neighbours stealing them constantly and had a break in that makes me more depressed so recieved court summon documents asking for the full amount and since I get income support right now and can't even afford my current rent(not in arrears yet its just gone down due to age) I cant even give a few quid a week at moment.

The court summons says if I dont turn up they will get a warrant for my arrest but the place is 400 miles away and theres no way I can afford to go there unless I dont pay my rent!

What confuses me though is they are chasing me for the money despite ll being paid direct.

Soapn

You had 2 places on the go? Was housing benefit being paid for both places?

skintandscared_2

Sorry, I'm confused. Who wants "money back"? What money?

depressiveguy

Yes, what happened was I originally planned to move and take my stuff but to to increasing depression just never went back to original property but never informed them of my move and had the money paid direct to LL(who was fully aware I wasn't there)

They are wanting payment back for the entire period I wasn't there which is understandable but as they claim I have been not replying to letters they have issues a court summons.

skintandscared_2

How have you been paying for rent at the place you moved to? Did you claim housing benefit there to?

I'm sure someone will know what the situation is, but surely even if you do go to court, you can't pay more than you actually have? What income DO you have coming in? I'm not saying that this is right, but you clearly haven't done anything to try and defraud anyone (i.e. make any money by sub-letting the place you left). Can't you explain that you can't phyiscally get to the court and have the case moved? If they are going to arrest you, they'll have to come a flippin long way!

Do you see a GP and/or therapist about your depression? If you are on medication and get professional help they may be able to support your claim that you were just too depressed to go back to the previous house. I have seen how depression can have a devastating effect and I know that material possessions don't really mean very much when you feel that way.

Soapn

depressiveguy wrote: »

Yes, what happened was I originally planned to move and take my stuff but to to increasing depression just never went back to original property but never informed them of my move and had the money paid direct to LL(who was fully aware I wasn't there)

They are wanting payment back for the entire period I wasn't there which is understandable but as they claim I have been not replying to letters they have issues a court summons.

Oh dear. Perhaps a phonecall would have sufficed.

boobies

skintandscared wrote: »

How have you been paying for rent at the place you moved to? Did you claim housing benefit there to?

I'm sure someone will know what the situation is, but surely even if you do go to court, you can't pay more than you actually have? What income DO you have coming in? I'm not saying that this is right, but you clearly haven't done anything to try and defraud anyone (i.e. make any money by sub-letting the place you left). Can't you explain that you can't phyiscally get to the court and have the case moved? If they are going to arrest you, they'll have to come a flippin long way!

Do you see a GP and/or therapist about your depression? If you are on medication and get professional help they may be able to support your claim that you were just too depressed to go back to the previous house. I have seen how depression can have a devastating effect and I know that material possessions don't really mean very much when you feel that way.

The OP has knowingly claimed HB for two addresses at the same time, he failed to declare a change in circumstances, and as he knew what he was doing this was fraudulent. They have mitigating circumstances, but that still does not take away from the fact than an offence may have been committed.

OP, it is not clear whether the summons you have received is for a civil or criminal action. Is the hearing for a County Court or a Magistrates Court? The advice given really does depend on this.

depressiveguy

Yes I claimed benefits at both which is how they found out and what the court case is about as it states I changed circumstances without telling them.

I have no income bar the £65 a week income support and currently I have to pay own utilities, council tax, and top up current rent as well and my LHA has gone down £20 a week so cant break even.

depressiveguy

boobies wrote: »

The OP has knowingly claimed HB for two addresses at the same time, he failed to declare a change in circumstances, and as he knew what he was doing this was fraudulent. They have mitigating circumstances, but that still does not take away from the fact than an offence may have been committed.

OP, it is not clear whether the summons you have received is for a civil or criminal action. Is the hearing for a County Court or a Magistrates Court? The advice given really does depend on this.

Magistrates.

boobies

depressiveguy wrote: »

Magistrates.

OK, so whilst you will need to make an arrangement to repay, this hearing is about what penalty you will face for the criminal act. You really do need to get a solicitor, who can explain the mitigating circumstances on your behalf.

Please do not ask the court about getting the hearing moved, it will not happen.

skintandscared_2

boobies wrote: »

The OP has knowingly claimed HB for two addresses at the same time, he failed to declare a change in circumstances, and as he knew what he was doing this was fraudulent. They have mitigating circumstances, but that still does not take away from the fact than an offence may have been committed.

OP, it is not clear whether the summons you have received is for a civil or criminal action. Is the hearing for a County Court or a Magistrates Court? The advice given really does depend on this.

It wasn't clear until the post AFTER mine whether or not HB had actually be claimed at both properties, which was why I was asking. I didn't say an offence hadn't been committed. I said that the person can't be made to pay more than they actually receive.