Whether appearing as the defendant or the plaintiff, having your day in court can be a nerve-wracking prospect. Having to endure this ordeal without the services of a lawyer to assist you is somewhat akin to heading out to sea without an experienced captain and crew to guide you safely to your destination. Yet, as a result of government cuts to the legal aid system, this terrifying situation is exactly where many financially disadvantaged people can find themselves. The irony of these cuts is especially highlighted in negligence cases, where people face the prospect of being sent to prison. Unfortunately,…
Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Got these letters today think they think my partner was working all the time from the beginning, he wasn’t. When we filled in forms from March this year saying partner was working they still gave us Housing Benefit now they turned round saying we wasn’t even though they calculated saying we was. What should I do ? Thank you. Hylton- Potts can help with problems like this. We operate from London offices but help clients all over the country at highly…
A new law came into force in February 2015 namely Section 57 of the Criminal Justice and Courts Act 2015. This states that if an otherwise successful claimant is found, on the balance of probabilities to have been “fundamentally dishonest” in relation to their claim, the claim must be dismissed unless the Judge thinks there will be substantial injustice. If found guilty of “fundamental dishonesty” a claimant cannot recover damages, and will lose protection on costs, for example that granted by a Part 36 offer. In one case in 2012, the claimant put in for over £800,000…
Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Dear Sir, I believe you can help with us being accused of tax credits overpayment, in 2007 we were told we have an overpayment of £1,525. we contacted them and appealed because I phoned them and told them when my child left collage, and I phoned them when I had my annual rise at work as I have always told them about any change as soon as it happens. Then we had a £600 approx cheque from them, and…
Dear Rodney Thank you so much for taking the time to talk to me and making me feel a tiny bit better! Just to reiterate: I received a letter from Concentrix on Friday saying that they had evidence that someone could be living with me. The person they cite is my neighbour . I called them this morning to let them know this. They have asked me to send in documents (bank statements, bills, mortgage accounts etc) within a week. My boyfriend, lives in Berkshire and I intend to move in with him when my daughter finishes this academic year…
Austerity is a hot topic in politics these days. It is a collection of policies that have had a devastating effect on the poor and working classes of Britain. All the evidence seems to suggest that if the aim of austerity is to save the economy, then it has failed miserably. Since coming to power, the coalition government has created the largest increase in national debt of any UK government during the past 70 years. Amidst the suffering brought on by high levels of unemployment coupled with the longest sustained period of falling wages ever known in this country, those…
When balancing the various factors affecting a financial claim and the welfare checklist affecting children, a Judge has a wide discretion. This is very specific and deliberate decision by Parliament, because it is only he or she who hears the evidence, reads the documents and assesses the credibility and attitude of the parties. That does not however mean that he or she got it right, and if he has got something very obviously wrong you can appeal. You have got to show something serious. and that there is real injustice not just that the Judge reached one conclusion…
Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Further to my telephone call, I am seeking advice as I was arrested on suspicion of Housing Benefit Fraud yesterday. I had been arrested on suspicion of fraud, abuse of power in another matter. I had asked for a solicitor to be present and was interviewed. At the end of the interview I was told I was also being arrested for HB fraud. They disclosed to the solicitor that they believed I had committed fraud because of a claim form I…
There is an excellent article in The Law Society Gazette for 10 February page 6 “Family Law” reminds us that cohabitation is sharply increasing in the UK www.solicitors journal.com Figures suggest over 3,000,000 of the opposite sex and 85,000 of the same sex. The expression “Common Law Wife” does not exist but there are some rights if expert help has to be obtained. Have you physically contributed to improving the property? Have you paid directly towards a mortgage? Did your partner promise you something specific? Can you provide any of these points with evidence?…
Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Dear Hylton Potts I have been informed by Inland Revenue that I am no longer entitled to Tax Credits and I need to make a repayment of £xxxx for this year and £xxxxx for last year. They say I was not entitled to claim as a single person and they have evidence to say my partner lived with me at this time. This is not correct, I supplied them with evidence of this, however they claim my evidence was insufficient.…
