Benifit fraud we want to go to court to prove our Innocence

richabbeycars

I moved out of my house, we both still own 2 years ago, when my partner lost her job, a little while after my ex signed on and received help with the mortgage payments, i still payed a percentage of this.
I have been living at different places in that time,
About a year and a half ago i phoned the local council to find out if i could stay at my old house, and sleep in a separate bedroom and just be friends with my ex so i could take my son out, who still lives with his mum. The council said yes i could stay a maximum of 2 nights per week and not have to tell anyone and i could share the amenities.
The DWP have now investigated our case and accused her of me still living there and are demanding 16K back from her for overpayment due to the fact that you misrepresented the fact that your partner joined the household.
We both know we have done nothing wrong and want to fight this.
In the letter it states that if we think the decision is wrong we have to have to ask them for a MANDATORY RECONSIDERATION before we can appeal their decision.
My ex as got a solicitor working for her, and the solicitor as told my ex that we do not do anything, because we want to go to court to prove our case.
Is this right should we not inform the DWP that we want to go to court or do we wait for them

NYM

Have I read your post right...you moved out 2 years ago but moved back in 6 months later ?

Someone at the Council said it would be OK but not to tell anyone ?

What address do you use for your post, where are you registered for insurances/car docs/employment/electoral role/bank statements... in fact, for just about everything ?

richabbeycars

Hi
Thanks for that i understand that part i may not have explained myself very well, what confuses me is do we have to go through the MANDATORY RECONSIDERATION then appeal, or as the soilictor as said we do nothing and just wait, as we only have one month from the date of the letter.

PHYTHIAN

Don't understand why you wouldn't want to go through the appeal process??? Surely the Courts aren't going to look very favourably on you if you haven't given the other side the chance to reconsider ?

I can understand why the solicitor wants to go to Court ; he gets paid.

[Deleted User]

it was incorrect to tell you that you could move back in 2 nights a week and not inform anyone,there is far more to it than that and tbh the fact that you had only moved out 6 months earlier having lived together would set alarm bells ringing,for one witha joint mortgage you still had financial ties

richabbeycars

Thanks for the reply NYM, it is a very confusing case we have. I could not explain all on here. all i need to find out is my last post do we have to appeal against there decision after a MANDATORY RECONSIDERATION, within the one month or just wait as the solicitor as said.
Thanks

spacey2012

From just what you have said so far, I would not chance your hand at court.
But your call.

NYM

richabbeycars wrote: »

Thanks for the reply NYM, it is a very confusing case we have. I could not explain all on here. all i need to find out is my last post do we have to appeal against there decision after a MANDATORY RECONSIDERATION, within the one month or just wait as the solicitor as said.
Thanks

I can appreciate that it's difficult to explain in any great detail and that it wasn't the answer to the question you asked.

Have a read of this link...it might give you a better understanding of your situation.

http://waverleycab.org.uk/11/campaigns/challenging-a-decision-about-benefits-unclear-what-mandatory-reconsideration-means/

richabbeycars

Thanks blondebubbles

That answers my question thank you for your help.

Like someone said "I can understand why the solicitor wants to go to Court ; he gets paid."

Housing_Benefit_Officer

So who 'at the Council' said this arrangement was OK? And why would they give this advice?

And did anyone at the DWP give any advice regarding these living arrangements?

rogerblack

To strictly answer the original question - there has to be more to this.

You can not practically take the DWP to court over this. *
There is no legal avenue to take them to court.

You can appeal the decision. This is a civil courts procedure that goes through the tribunals service, and is not a criminal court. The decision is made on the basis of which side is more likely correct, not beyond a reasonable doubt.

During, or after this procedure, the DWP may decide to take you to criminal court (both of you).
If this happens, and you are found guilty of benefit fraud, this raises the possibility of further court action (in addition to possible imprisonment) for sequestration of assets.

This means they can do things they would never usually be able to do to recover the money owed (and even more), including selling your only house or car.

Avoiding the tribunal, and not going through with this process means that you have no possibility to challenge the decision.
If it ends up in criminal court, the criminal courts have a _very_ poor understanding of benefits law.

If the solicitor has in fact advised not to go through with the appeal to the tribunal, I would complain to their regulatory body, if there was a real chance that the tribunal would overturn the decision.


http://forums.xkcd.com/viewtopic.php?p=1879299&sid=c22c09c10287d73fcbd0d52dab7ce7e1#p1879299
* (neglecting the possibility of judicial review).