How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am paying back monthly ESA overpayment now I have

Resolved Question:

Hi I am paying back monthly for an ESA overpayment now I have received a letter over a year from when this came about that I must appear at magistrates court the amount was £8,000. will I go to prison I am so scared and seeing a bereavement therapist due to losing my father 6 months ago I am so stressed out . Please can you tell me what you think the outcome will be .
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Do you have any previous convictions?
Customer: replied 1 year ago.
No previous convictions
Expert:  Ash replied 1 year ago.
Ok. Well you wont go to prison. You are being prosecuted for failure to declare a change in circumstances I imagine, which lead to the overpayment.
You are likely to get a fine or Community Order - but wont face custody for £8,000.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
If I am paying this back from over a year ago why would I need to go to magistrates court they want me to answer the following charges why I failed to declare full and accurate details of my capital . Section, 111A (a) and (3)
I have never had any convictions previously and as a result of losing my father suffering from depression and cannot cope with all of this.
Expert:  Ash replied 1 year ago.
Because regardless of whether or not it was paid back, you still have committed an offence. Sadly they are entitled to take you to Court, but there is no risk of custody.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Under my circumstances mum with cancer looking after her trying to get a job and losing my father will they be more understanding you think. I know many people who had overpayment more than me for benefits and not gone to court why me? Always had a career I'm very worried
Expert:  Ash replied 1 year ago.
I can't say why others are not in Court, only the position you face.
But you wont get custody.
Can I clarify anything else for you today please?
Alex
Customer: replied 1 year ago.
The reason for not getting custody is it because of the amount and I am paying it back ?
Expert:  Ash replied 1 year ago.
Yes correct. It would need to be circa £20,000.
Does that help?
Alex
Customer: replied 1 year ago.
Even if it comes under benefit fraud ?
Customer: replied 1 year ago.
On line they say they have scrapped the £20k amount and you can still go to prison for 10 years
Expert:  Ash replied 1 year ago.
No, you won't go to prison for £8000
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi can I ask regarding my requisition from the cps regarding my ESA what does 111A(a) and (3) mean from the cps what will be my sentencing on the day of magistrates court. Thanks
Expert:  Ash replied 1 year ago.
I don't understand the question?
Customer: replied 1 year ago.
I had an overpayment for ESA from last October from 2014 total £8,000 I have been paying it back monthly now I have to go to magistrates court next month as the department Of work and pensions have taken this matter further it says on the requisition contrary to section 111A 1(a) and (3) what does this mean will sentencing be harsh .
Customer: replied 1 year ago.
Hi did you look at my previous question ? Thanks
Expert:  Ash replied 1 year ago.
Yes I have seen that. I have answered it for you, you won't get custody. You would get a fine or community order.
Does that clarify?
Alex
Customer: replied 1 year ago.
Hi I'm due to go magistrates court for over payment due to benefit overpayment I have fully payed it in full now and the cps are writing to the dwp to take this into consideration what is the chance they will settle out of court .
Thanks

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice