Did benefit fraud, called in for court

Soapn

As an aside, what about the 1st landlord happy to take the housing benefit cheques when he knew that there was nobody living in the address? He is at fault as well though no doubt he will be feigning innocence.

Were you receiving benefits at the first and second place? Did you claim using a National Insurance number?

pandaspot

The landlord of previous address would be liable for this overpayment especially if he knew you weren't at the property

pmlindyloo

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.

It sounds as if the OP didn't end his tenancy so he would still have been liable for the rent.

OP, take all of your paperwork to CAB and ask them to help you with this.

boobies

skintandscared wrote: »

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.

Fair enough, but best to ascertain more information before stating "you clearly haven't done anything to try and defraud anyone".

In terms of the repayment, whilst the OP is on IS it will be a (low) deduction from his payments. The LA will determine the amount, and the OP will need to contact them if he feels it is too high. He will be asked to complete an income and expenditure form to determine what he can afford, but he will have to pay something. However, the more pertinent issue is that they are facing criminal prosecution, which could lead to far more serious consequences than losing a few pounds income a week.

boobies

pandaspot wrote: »

The landlord of previous address would be liable for this overpayment especially if he knew you weren't at the property

That is incorrect. Liability remains with the claimant.

boobies

pmlindyloo wrote: »

It sounds as if the OP didn't end his tenancy so he would still have been liable for the rent.

OP, take all of your paperwork to CAB and ask them to help you with this.

CAB will not be able to help now it has gone to court, although they may be able to recommend a solicitor. Alternatively the OP could contact their local Law Centre (if they have one), or the Community Legal Service (0845 3454345).