Where do I begin - allegation of Housing Benefit fraud

[Up2MyEyes]

Re: Where do I begin

Did your partner buy the property outright or was there a loan or mortgage of some kind?

If the property was purchased outright there would have been questions under the Money Laundering Regualtions as to where the money has come from, certainly would have been asked by anyone reputable handling the conveyancing as it is standard practice now. If there was a mortgage secured on the property then if it was NOT specifically "Buy to Let" then the DWP will take the line that he was resident there and formally cohabiting with yourself.

He bought it via a mortgage, which is still being paid at the moment. He only bought it from me though to enable me to continue living in it with my son as I as about to lose it through debt. (Debts which I'm still fighting but that's a whole other issue).

His job and other family committements with being so far away prevented him from moving here. If he had been able to I would have signed off a long time ago and we could have been a normal family.

[Never-In-Doubt]

Re: Where do I begin

Ahh because this is going to trial then the defendant can get a copy of all evidence that way. I'm saying it will NOT be included in a SAR. sorry for confusion.

[Up2MyEyes]

Re: Where do I begin

I know I've not been here or kept anyone up to date with what has been happening, I've been on more medication to get me through the initial court appearances.

Had it thrown out of Magistrates due to the amount and had to attend Crown last week. I now have a Barrister (thankfully as unsurprisingly my solicitor didn't turn up when she had promised that she would) he seems pretty clued up and told me I had 3 options.

Plead guilty to everything they are accusing me off and take whatever they throw at me.

Plead not guilty, take it to trial, which wouldn't be very nice at all, unlikely I'd win and then wouldn't be looked at very favourably, incur lots of costs etc

Plead guilty but explain the circumstances behind the offence.

I took the third option with this being my

BASIS OF PLEA

1) I, XXXXX plead guilty to the charge of failing to inform the benefits agency of a change in my circumstances; and, as such, I accept that I was overpaid benefits.

2) I enter that plea on the following basis:
a) I made an application for Income Support in January 2000, at the time I was a single parent living at XXXXXXXXXXXX , with my seven year old son. The application was bone fide.

b) I accept that in 2002 I became involved in a relationship with XXXXX. XXXXX was living and working in Newcastle and at first the relationship was fairly casual. He did not contribute anything to my home and we did not live together.

c) In 2004, I was in fear of having my house repossessed and XXXXX agreed to buy the house off me but continue to let me and my son live there. This transaction was completed around May 2005. XXXXX continued to both work and live with his mother in Newcastle and apart from owning the property he was not contributing financially to my home.

d) After having had an acrimonious divorce in 1996 which left me struggling emotionally, mentally and financially, I have become independent and not relied on a man for support. As we were not engaged, married or living together on a day to day basis I did not class our relationship as a permanent one or our time together as constituting a common home nor did I expect XXXXX to support me.

e) As I had no financial means of my own and I was unable to work through continued ill health and could not financially support myself without benefits I continued to claim as a lone parent as I still perceived myself to be such.

f) I accept that, in hindsight I was wrong about that.

g) I stopped receiving the benefit when I inherited money from my mother in 2011 and was now able to support myself independently – I note that I voluntarily informed the DWP about this change.

h) I accept however that from November 2005 as I was in a relationship, as I was being paid benefits and am therefore guilty of the offence of receiving benefits, but assert that the true figure of the overpayment is not as high as is currently stated in the charges.

3) I also note that during this time, as I believed that XXXXX and myself were not living together we did not apply for working tax credit or any other benefits which I now believe we may have been entitled to as XXXXX was earning approx £19,000 pa.

Whilst I still know in my heart of hearts that I wasn't living with him, I can see what they are saying so in that respect I'd rather do all I can to assist and attempt to stay out of prison now.

I've got to have meetings with the Probation Officer and get as many character references as possible. They have requested a complete copy of my medical history and when I spoke to my Doctor yesterday (he's known me since I was seriously ill in 2005 and nearly died) he actually told me that after reading through my vast file that took him hours to read - and he only skimmed it, that I've had an awful life and he's surprised I've survived as well as I have. My parent's family solicitor is happy to do a reference for me also along with friends.

My main concerning is not going to prison and leaving my young daughter especially as I really didn't believe I was doing anything wrong as I was living alone. He wasn't even here 3 nights a week, quite often wouldn't see him for weeks and weeks on end.

I go back for sentencing at the end of this month - gulp

[diddlydee]

Re: Where do I begin

I wish you the very best of luck, U2ME.

There are so many people out there deliberately fraudulently claiming what they know they are not entitled to, that it seems so unfair (based on what you have said) that you are going through this hell.

I'll keep everything crossed for an acceptable outcome. Please do keep the thread updated....

diddly x

[IF]

Re: Where do I begin

Wishing you all the best too U2ME

IF...x

[mrsinvisible]

Re: Where do I begin

And best of luck and my good wishes too. Be proud of how you have done the best you could for the best of reasons, and that you believed you had done no wrong.

[Up2MyEyes]

Re: Where do I begin

Got a meeting with the Probation Officer later this week. Absolutely bricking it. Just doesn't feel real. So scared of leaving my daughter without her mummy

[SXGuy]

Re: Where do I begin

Just read your thread, feel for you, really do.

What i want to say is, i am 99% certain they will have no choice but to consider your daughter and the impact it would have should you face time in prison.

So although its easy to say, please try not to worry, because i honestly believe it wont come to that.

[PlanB]

Re: Where do I begin

Got a meeting with the Probation Officer later this week. Absolutely bricking it. Just doesn't feel real. So scared of leaving my daughter without her mummy

This all seems so unfair and unreal. Could happen to any of us. It seems like a complete misunderstanding of your honest situation.

Please don't give up hope just yet Maybe your probation officer can sort this for you so that you won't get a custodial sentance which is what you are dreading. Don't probation officers provide a PSR (pre-sentance report) to the court so that they get a proper picture of the real you and your good clean history. I think that courts rely completely on this report when deciding the next move, so your probation officer could just turn out to be your friend at this moment in time

You're obviously a wonderful Mum because you're putting your daughter's interests ahead of your own personal feelings. I'm a Mum too and my heart goes out to you. Her age may be relevant (is she about 15 yrs old?) since no minor should be left without her parent except in extreme circumstances such as the 'offender' (such a horrid word) being a risk to the public which is clearly not the case here. Also remember you have (reluctantly) pleaded 'guilty' and this will certainly go in your favour

Please post up every inch of the way so we can help you through this nightmare

[Never-In-Doubt]

Re: Where do I begin

jeysurs h christ!

I cannot believe they're trying that old chestnut again.

Sorry to hear it's gone this far, best of luck, best person to deal with this is a barrister so lets see what the judge is like. Fingers and everything else crossed for you.

[CleverClogs (RIP)]

Re: Where do I begin

Fingers and everything else crossed for you.

Ditto.

[Flossy]

Re: Where do I begin

Hi,

Been following your case and I totally agree with PlanB. I am just sorry that this is happening when there are so many dishonest people out there who purposely go out of their way to commit fraud. I feel from what you have said that you have been more than honest with them, you have informed them every step of the way! Even reading your defence it shows you were honest and in fact could have claimed further benefits! Crazy!

My heart goes out to you and I really wish you all the luck in the world. Thinking of you and fingers crossed.

Flossy x

[SXGuy]

Re: Where do I begin

Question, would there be a case for offsettings benifits unclaimed against amount owed?

[Flossy]

Re: Where do I begin

Question, would there be a case for offsettings benifits unclaimed against amount owed?

That is what I was thinking when the mention of the fact they could have each claimed working tax credits and child support? Or similar?

But surely there barrister would have suggested these things?

[SXGuy]

Re: Where do I begin

Wouldnt assume anything at this point, it might be worth mentioning if it hasnt already come up.