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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10279
Experience:  30 years as a practising solicitor.
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I made a mistake, was taken to court without me knowing. Then

Customer Question

I made a mistake, was taken to court without me knowing. Then I asked for a Wright to speak so they organised a tribuniral. They decided at tribuniral that the court decision was to still be in there favour. So I complied. And pay back at a rate of my legal amounted benefit.money is taken from my pip. Benefit before I receive this.why are they doing this, are they aloud to keep punishing me 3years later the incident took place2012.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland.
-Could you explain your situation a little more? Your narrative isn't clear.
Are you being prosecuted for benefit fraud?
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10279
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
I will give you a quick sum up.i am once again being taken to court for this same offence. That was already dealt with , with the proc fiscal. Then on to a tribuniral. I lost my case and was told it stood as it was back in December 2014" I have been paying of my pip benefit the rate back monthly. Now this same case has appeared again at. My door yesterday threw the post not registered rand delivered or signed. To state I,m to go to court as this is a new case. No it's the same case just new evidence. That was accured in 2012/13. Yes it was dip and council. But I pay of my benefit. Back. This evidence was not produced at the time I went with all the paper work I had requested for court did not get to attends 2013 .they said it was because I couldn't be found. Lies. But I took my punishment. Please don't think bad of me. As I no I did wrong but they are lying threw and threw. they start with the truth and go completely off. They are trying to publish to the court I have been living a life of Riley..which is not the case my husband is also disabled. And not working. Threw Ill health. We don't have enough money to live on to pay our electric .All this paper work was dealt with..so 1st the council and benefits took me to court in Augsburg./sept.2013. The I was asked for tribuniral and recieved it in December 2014. And then sterling park arrived and I explained that I was told to pay council. They two and fro.d then I asked several times for d.d. And standing order they said this was not available so I was told to pay monthly threw post office. I have been.reciepts I haven. In full. Plus benefit pip. As all I receive to £315.00 per month. They already no this as they have been to look into my bank accounts and my husbands. So they no we have not money. Now November 28/11/2015ive been sent a citation to attend this court 150 miles away I think for this same case but different paper work but this bill has now went up. As they have incurred.another years charge..I,m in pieces.i haven't slept. I did inform the benefits section .i had got married but the marriage was in a mess and I came back home .i didn't want to leave my daughter who would have been homeless.
Expert:  JGM replied 1 year ago.
Are you now being prosecuted through the criminal court for benefit fraud and there is already a civil recovery process going on?
Is it the case that they have now raised a criminal case against you?
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Can I call you please may be I could explain better. They went to Glasgow.proc.fiscal in Aug/sept2013. Case was in there favour. People on my behalf asked for an appeal. I was given a tribuniral in December 2014. Again awarded in there favour. So I have complied with there orders since then . Now yesterday. I was sent a citation , for the same case in 2012. To appear again for this same case/offence in another sheriff court. I had never seen any of this evidence before when they took me to court as I requested all information. Now this has appeared ,with new information about the same case.
Customer: replied 1 year ago.
My home number is ***** or may I call you,.
Expert:  JGM replied 1 year ago.
So they prosecuted you before and now they are trying out do so again for the same thing?
Customer: replied 1 year ago.
Yes. They took me to a sheriff court in August approx 2013 in December 2014 I got a tribuniral for this same thing. Now I've been paying every month since January 2015 threw my benefit. Now they are taking me again for this same offence to a new court this time to a proc fiscal sheriff court. .im fiscally so I'll. With this. I said I would agree with the outcome I did so..I believe it looks like this evidence re bank accounts they are trying to make a picture of me living a high life I live in a council home now in a new area. I pay my bills. And I have in total £315.00 per month to live on from my pip.
Customer: replied 1 year ago.
The first proc fiscal court case was done. Without me being there. There answer was I couldn't be found. But they were always paying me pip. They also had my bank accounts drawn still think that this was part of the case they were building but for some reason either they lost it or it got misplayed now it's turned up and they have sent it to a new court this time so they are coming after me. Even thought pay. They even sent sterling parks. I pay by standing order to them monthly.
Customer: replied 1 year ago.
They sent sterling park to me and dwp. I pay them for my mistake .so now there aloud after another year to take me to court. There is no mention of me being to a tribuniral or what the outcome was. And this is evidence that was not produced to me or anyone else.that am aware..it looks like it was evidence they were going to use but lost
Expert:  JGM replied 1 year ago.
They are not allowed to take you to a criminal court twice except in very special circumstances. However, if they have taken civil or other recovery proceedings they can still raise a criminal case. Is that what has happened?
Customer: replied 1 year ago.
Am sorry I don't no it's a citation to go to proc fiscal in a sheriff court. It's for the same offence and the sane amount of money .it has nothing in the evidence to say I've been to court or they have sent sterling parks or they are already taking money from me..it's just looks like evidence that was meant to be in the first case it looks like it's just been found in a drawer or a file and someone somewhere has said without looking into it. Take this to the proc fiscal and start this case. It's not even the truth they start of with in there summon they start of on the word truth and moves straight to a lie. They are trying to proclaim I have been living the high life .by stating I was buying new cars. No is the answer it was a car I was aloud threw my pip.secondly it states I went and bought another new expensive car at the end of that year. .my daughter had an accident and the car was written off.threw my pip. And they were kind enough to tell me I was entitled to pick a replacement car..which I did but they are making it sound and look like I've been having a great old time. Next question saying I could afford a foreign exotic holiday. I wrote and told the 4months before I went and they have that in a piece of there information. That I was having to go and see my mum as she was dying..so I had informed them my mother bought the return ticket for me.. But they have omitted not to tell the whole truth. By stating I went on holiday my. Mother died. Then again I took I'll and told the benefit people I was to I'll to travel but I was within the law at the time to have 26weeks out.i was no way hiding I have medical statements to state I was so I'll. I I a foreign hospital I took t.b. Again the did not put this in...I don't no where to turn to.you say that they are looking to take me for criminal proceedings. So what should I expect from that now then..As my life is none existing as it is.i don't leave the house.unless I have a career who is prepared to take me out. To doctors.amd back .i have no money , and no goods no house nothing of any worth.i don't have any savings.am in my 50"s and in very poor health I,m on medical morphine. I have ms. And chronic pulmonary disease..I can't walk most days in the winter let alone run. Sorry
Expert:  JGM replied 1 year ago.
I suspect that they are prosecuting you for the first time but that they have taken earlier civil proceedings. I'm happy to look at the new and the old papers if you can arrange to scan and email them together to***@******.*** and ask the moderator to send them toCustomerI will have a look. If you can't do that I suggest you see another solicitor face to face.

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