In 2013 my husband was accused of Rent and council tax fraud. He was named and shamed in our local and national papers. His case ended up being heard in our Local Criminal Court where my husband was found NOT GUILTY. He got no apology and no news was reported of his not guilty verdict. People still point him out in the street saying “that’s that scummy benefit cheat.” On top of all the above he received a demand letter from the Council saying he owed £17,000 for the error made. We wrote back saying we had been entitled to the rebates and we proved it in Court that’s why we were found not guilty. But the Council would not budge they got debt collectors to us. Nothing we said could stop this. The stress caused my husband to have a heart attack our son paid the £17,000 to get them off of our backs and we are paying our son back. What was the point of going to Court and being found not guilty. Then still having to pay anyway? We feel totally violated and made a full of.
Sorry to hear that this has happened to try and explain.
There are two Decisions here, not one.
The first was whether your husband had committed fraud. Fraud requires there to have been an intent to defraud as well as the "overpayment" itself. He may well have been found not guilty on the basis that there was no intent, you would have to check the Judges' ruling for the basis of the Decision.
The second Decision was in regard to his entitlement, it is more than possible that it was not shown that he was entitled and that is why recovery was made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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