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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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I had a confiscation order of £41.000 the dwp and the lawyers

Customer Question

I had a confiscation order of £41.000 the dwp and the lawyers in court agreed i only had 30% interest in my exhusband property in the transcript it says the benefit and criminal amount is £41,000 and we all agree,and they all agreed but the dwp are still coming after me after the court case has finished for £70,000 which would be the 100 per cent of the property can they do this even though it was agreed by all parties in court that i only had 30%
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you mean a confiscation order or a compensation order?
Customer: replied 10 months ago.
confiscation order
Expert:  Jo C. replied 10 months ago.
What was the offence that lead to this?
Customer: replied 10 months ago.
Benefit fraud i was on my husband property, the cps and both barristers were there and the dwp rep was at the crown court the judge and they had all agreed my barrister said it was all over...the transcript states this
Customer: replied 10 months ago.
the benefit and criminal amount it states £41,000 and the judge says we all agree
Customer: replied 10 months ago.
but the letters im gettin there saying is there is outstanding balance of £70,000 i wrote the judge the judge told me to write to the cps they told me it wasnt down to them
Customer: replied 10 months ago.
ive writen to the dwp they are threatening balifs i have nothing no money
Customer: replied 10 months ago.
I suffer mental illness which is making things worse im under mental health
Customer: replied 10 months ago.
they all agreed i only owed 30% i hadnt lived with my exhusband for years the crime went back to 2002
Expert:  Jo C. replied 10 months ago.
What was the benefit fraud?
Customer: replied 10 months ago.
Income support and housing benefit and job seekers dating from 2002-2011 the time i was on benefit it was because my name was taken off the property i was bringing up 3 children on my own
Customer: replied 10 months ago.
wasnt taken off the property but i hadnt paid a penny towards it...
Customer: replied 10 months ago.
the judge said i do not believe this lady wasnt intitled to benefit at any time but it was because of the property
Customer: replied 10 months ago.
I have to autistic sons that i never even claimed for
Expert:  Jo C. replied 10 months ago.
It is difficult to tell really on these facts.
They can clawback the full amount of the overpayment.
They cannot recover that under POCA though. They can only recover the available amount. The benefit amount may have been much higher.
The fact that the POCA proceedings only netted a confiscation order of X amount does not mean they cannot claim Y amount in terms of a benefit clawback although they can only do that if you are on benefits.
You can appeal internally if you think their calculations are wrong.
Can I clarify anything for you?
Jo
Customer: replied 10 months ago.
what do you mean available amount
Customer: replied 10 months ago.
as the transcript says the benefit amount and criminal amount is £41,000 surely thats the same
Customer: replied 10 months ago.
as there is only 30% in the property not a 100% like it was first thought shouldnt they have done a another culculation on the amount which states in the social secuity law
Expert:  Jo C. replied 10 months ago.
Amount that is available.
You are confusing POCA with the clawback powers.
Customer: replied 10 months ago.
If im taken to civil court do you feel i have a good case to fight
Customer: replied 10 months ago.
as i feel the dwp arnt listening to me and im scared the baliffs will come to my council house
Expert:  Jo C. replied 10 months ago.
It depends.
Not on the basis of what the Judge said in the POCA case as that is a non issue.
They will say the whole amount of the payment is due. You may have a challenge. It depends. It is difficult to tell what the nature of the benefit fraud was. If it is that you didn't declare he was living there then that would render it recoverable. If not then you would have a challenge.
Customer: replied 10 months ago.
they knew he lived there it was his home, i never lived there i lived on my own at crown court the judge said if you can not agree i will come to agreement..Mr greens solicitor was there and my barrister and dwp barrister Mr Green Barrister showed evidence that i didnt pay anything that it was his property i was only on it in name...Mr green and i were parted and i had another partner after mr green and parted ways when i came to the confiscation order the judge and the agreeded parties agreed on the amount
Expert:  Jo C. replied 10 months ago.
What happened at the Crown Court is a non issue from the point of view of any civil claim save for any payment already made.
Customer: replied 10 months ago.
so you think they will take me to court again as i feel it will be the next step as the dwp art listening to me as i have no money
Customer: replied 10 months ago.
as they said they cant get blood from a stone im nearly 60 and with health issues
Expert:  Jo C. replied 10 months ago.
It depends if you are still on benefits.
If so, I would imagine they would just try to clawback.
Customer: replied 10 months ago.
I get working tax credits but i dont get housing benefits
Expert:  Jo C. replied 10 months ago.
They could try to claw back from that but it is not likely.They may sue in the civil courts. If they do you can defend on the basis that at least some of the funds were due.
Customer: replied 10 months ago.
ok thank you for your help
Expert:  Jo C. replied 10 months ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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