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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I went to court last year, fraud,my solicitor

Resolved Question:

Hi, I went to court last year,for benefit fraud,my solicitor advised me to plead guilty for lots of reasons,I got 150 community hrs in which I've completed,the judge said
"Their were mitigating factors including my lack of any previous record and the overall circumstances.Against that was the fact the offences occurred over a relatively long period of time,totalling to over £6,000.00 with a starting point of custody on the sentencing guidelines but with the prospect of reducing that down to a community level in view of the mitigating factors."
I'm now having letters saying if I don't start paying the £6,000.00 bk I will be getting ppl to my door ect,I called the court to ask if I had to pay and they said no,that's what my community service was for,I've been told I need a letter to prove this but the court says they can't give me any such letter. I'm a little confused to what I'm to do could you plz advise me ty Wendy
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Just to be clear, your understanding is that the Community Sentence does not mean you have to pay back the overpayment?
Customer: replied 1 year ago.
So,do you mean I have to pay then?
Expert:  Ash replied 1 year ago.
Sadly yes. A Community Order is entirely separate to whether or not you have to pay the money back. The Council would not have asked for an order that you pay it back as in law if there has been an overpayment and that overpayment has not been challenged, ie you did not appeal, then you have to pay it back.
The overpayment is a civil matter and they could recover this money through the County Court if you refuse to pay, which is why they dont ask for a repayment in the Criminal Court (the fraud matter).
So yes you have to pay it back.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Ty for your help.

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