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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have just had a formal interview under caution of ESA.

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We have just had a formal interview under caution for overpayment of ESA. Basically late mother in law passed away March 2013 when estate was resolved a payment of £20k was banked, £10k to my wife and £5k for grand kids by family (2 families total £10k) This was a verbal instruction not a written one. This money was placed in building soc, and another£2k was added later, we believed it was £10k for grand kids and now £12k ours and below the £16k level. No money was removed At any stage. We are not aware of judgement yet as meeting was yesterday. We believe that judgement will go against us and therefore accept liability and pay money in full. Would you suggest that it is ok for us to contact fraud dept and ask for settlement fee to clear overpayment or await further correspondence, thought that if we paid up fully the repercussions would be les and look better for us. Children's money would have to be paid by taking out a loan
Customer: replied 1 year ago.
The money was placed in an account in June 2013 and shows that no transactions, bar the additional £2k have taken place. We had in fact forgotten about it due to other factors

Hello my name is ***** ***** I will help you.

Is this a civil claim please?

Customer: replied 1 year ago.
I would believe that it is civil, it's the DWP against us!
Customer: replied 1 year ago.
I'm not honestly sure, as it would be a case of benefit fraud,is that civil or not?

It could be civil if they are just reclaiming the sum back.

Have they issued proceedings?

Customer: replied 1 year ago.
At present all we have done is have a formal meeting under caution, we have attempted to put our case over and have been warned that it could take up some time for it to be resolved. According to various steps, it indicates that money would be needed to be repaid with some form of action also necessary, we wish to minimise that to basic action die to Wifes health and if we repay money in full that is overpaid

Ok - then you should admit if, because based on what you have said, it is an overpayment.

If you do, maybe you can come to a deal and agree to repay it over a period of time

The earlier you do this, the lessor of a penalty there will be.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
That is what I asked n the first instance, sorry but it's not really helped or given support.

Well if its less than £5000 overpayment then it wont go to Court if you admit it.

If its over £5000 and you admit it it may go to Court, if you dont admit it.

That is why you should admit.

Does that clarify?

Customer: replied 1 year ago.
As indicated we have admitted it, but as mitigation, the question remains, is it worth contacting them before final decision to offer full repayment or wait until their decision and then offer to repay in full? Or otherwise

Yes I would. You want to avoid it going to Court or criminal Court.

Contact them and try and arrange a repayment.

Does that clarify? Alex

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