Owe thousands to dwp but leaving uk

webtalk

Who is to blame for the debt?

If you, then no. If an official error ... I would speak to the CAB.

webtalk

I don't know how it works with bankruptcy.

wardende

They tried to say it was benefit fraud but I disputed it and I sought legal advice they said cos of the amount of overpayment I would be prosecuted. This was back in October 08 and it never happened so I'm just paying it back. If council could prove fraud I would've been prosecuted? I wasn't given any penalty either. Just had to pay it back

wardende

Yes I appealed overpayment decision and lost in tribunal.

benefitbaby

Ok, so it is not the subject of fraud proceedings and therefore would be written off in bankruptcy should you chose that approach.
I am a little frustrated that your legal adviser did not suggest appealing the decision though as this could have seen the debt reduced in part or whole.

wardende

To be honest it's a case of not wanting to rock the boat. It all went quiet and I just thought rather pay back more than I should rather than be dragged through crown court name in papers criminal record etc. They don't charge interest on the amount.

Ok so to be clear - they alleged benefit fraud and then nothing happened. No prosecution. The tribunal ruled that on the balance of probability an overpayment had occurred for the amount they asked for. But if they couldve proved fraud then they would've surely prosecuted given the amount? So if I haven't been convicted of fraud they can't say it's benefit fraud right?

benefitbaby

You are correct

wardende

Result. I will bankrupt myself first. I'll of course speak to a solicitor first and show him some of the paperwork. Cheers.

princessdon

What about your partner and disabled child as it was a joint liable debt? You leaving them or taking them?

Also the house you own for whom you have mortgage (yet this relates to HB), is there equity.

millie.molly.mandy

If you really think that there is no future for you in this country, then just go, and say nothing more about it to them.
This country doesn't seem to care two hoots about the foreigners who come here and get operations on the NHS, or the others who work and claim benefits. So why should you.
Good luck to you if you get away with it. I doubt that they can do much anyway, but you won't be able to come back without them hounding you.
If they do catch up with you, then just point out that you won't be claiming the old aged pension that you have paid in to, so they can call it quits.