I’m being taken to court because I had savings beyond the legal limit

Question: I technically knew that my savings of £23’000 would impact my ability to claim benefits, but since these are my life savings. I knew they’d soon be exhausted and I’d be left with nothing for my retirement which is only a few years away now.

I was interviewed already and told that because I had savings over the £16’000 threshold, this would mean I would have to go to court. I’m now awaiting a trial date and I’m worried I could lose all of my savings now and be left with nothing. I really don’t know what to do now.

Answer: You will have attended an interview under caution. That was a mistake. We never allow our clients to be interviewed. There is no compunction to say anything, even if they arrest you.

We handle things quite differently by sending in written statements, which are much better way of getting your story across. I’m afraid that keeping your savings is not the only problem.

What you have to establish is the amount of benefit you have that you should not have had. This is important because the Court of Appeal set a tariff and an immediate custodial sentence is the tariff if you have received an overpayment of more than £5000.

But all is not lost. It is possible even after a case started to have it dropped and for the benefit office to accept an administrative civil penalty, which avoids publicity criminal record and possibly even prison.

Consult Hylton-Potts, the experts who offer fixed fees, and give excellent value.

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