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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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I HAD A CONFISCATION ORDER TO PAY FOUR YEARS AGO FOR £16,500

Resolved Question:

I HAD A CONFISCATION ORDER TO PAY FOUR YEARS AGO FOR £16,500 BENEFIT FRAUD. THE JUDGE SAID I ONLY HAD ASSETS TOTALING £11,500 In a property that i half owned. I PAID THE £11,500 PLUS £2,500 FOR THE PROSECUTIONS COSTS. That left left £5,000 Off the original debt to the DSS.
£11,500 was the amount of assets the judge said i had. Its been 4years since i went to court. I paid all the monies in full but now the DSS say i still owe £5000. I was led to believe that if the judge said i could only afford to pay 11,500 of the £16,50 debt i owed the DSS, then why do i still owe the DSS money. Do i still owe this money to the DSS. I'M VERY CONFUSED.
MANY THANKS, LOUISE
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I'm happy to help with your question today.
It seems that the Judge decided that your benefit from criminal conduct (the fraud) was £16,500.
That is basically the sum that had to be paid.
At the time the Judge decided that you had £11,500 available to you.
But the £11,500 would not usually be a payment in full and final settlement. It is only the sum available to you at the time.
What this means is that you £11,500 but there is still £5,000 owed.
The DWP are seeking that balance which they are entitled to do. They can still chase you for the balance as a debt.
So it does appear to me that your still owe the £5,000.
I am happy to discuss this with you in more details if needed.
Customer: replied 2 years ago.

I am still confused, as neither the Judge or my barrister told me that i would still owe the money.

I was under the impression that once i paid the £11,500 and the court costs of £2,500 after selling my property then that was the end of it.

Four years have past and then out of the blue i receive the letter from the DSS asking for the £5000. I just can't understand why it was left so long before they contacted me.

I'm in the same financial position as before but this time i don't have any assets. Can they do another confiscation order?????

Expert:  Alice H replied 2 years ago.
If the confiscation order was made for £16,500 and the balance of £5,000 is outstanding then you should apply to vary or discharge the original order.
Under Proceeds of Crime Act 2002 an application to vary/discharge is made to the Crown Court that made the original Confiscation Order.
You can apply for legal aid to help you to do this.
The court will look at your circumstances and decide whether the confiscation order should be varied/discharged.
In the meantime you should contact the DWP to explain that you cannot pay them the outstanding sum. You will have to tell them about all your income/savings and assets. If you can demonstrate that you do not have any money they may not proceed with their collection activities.
But as a starting point you should go and see a solicitor in order to make an applicaiton to the court to discharge the original order.
Customer: replied 2 years ago.

Thank you for your help. I don't know what a discharge or vary means but I will certainly look into it.

Kind regards,

Louise

Expert:  Alice H replied 2 years ago.
Discharge means to get rid of the confiscation order and vary means to change it.
Alice H and other Law Specialists are ready to help you

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