Court Summons Income Support despite outstanding Tribunal - legal?

[Ilovetherockies]

Hi,

I have received a Court Summons to appear in court to 'answer questions' regarding 'alleged offences', in my case 'extra income' (Income Support) that was not extra income but payments in kind. I have 100% proof and evidence and have a Tribunal Hearing on 29.04. The hearing in court is on 27.03. They are not aware that I have a Tribunal Hearing at the end of April.

Here are my questions:

1. Is the DWP allowed to take me to court if there is a Tribunal outstanding?
2. Is the court allowed to ignore an outstanding Tribunal Hearing?
3. I was going to write to the court to let them know about the Tribunal Hearing. Do they have to take it into consideration? Is there any point in a court hearing prior to the Tribunal Hearing?
4. What will happen if I don't attend said court hearing - do I have to attend it?

Any input is much appreciated.

[righty]

Re: Court Summons Income Support despite outstanding Tribunal - legal?

Yes its an abuse of process Write to the Court asking for an adjournment THEN phone them or if possible visit them. Remember to make detailed notes of ALL communications spoken or written

Its also important to check what benefits your entitled too as some are prosecuted simply for claiming the WRONG benefit even if it has the same or lesser value. If there is no loss to the Exchequer their is no crime yet they still try and prosecute

[Ilovetherockies]

Re: Court Summons Income Support despite outstanding Tribunal - legal?

Yes its an abuse of process Write to the Court asking for an adjournment THEN phone them or if possible visit them. Remember to make detailed notes of ALL communications spoken or written

Its also important to check what benefits your entitled too as some are prosecuted simply for claiming the WRONG benefit even if it has the same or lesser value. If there is no loss to the Exchequer their is no crime yet they still try and prosecute

Thank you.When you say call them, do you mean to ask if they have received the letter asking dir adjournment?

[righty]

Re: Court Summons Income Support despite outstanding Tribunal - legal?

Yes also ask if they'll delay your case in view of the fact the the DWP are abusing the courts

[Ilovetherockies]

Re: Court Summons Income Support despite outstanding Tribunal - legal?

I'm not sure what you mean - value of benefit? Could you kindly explain?

[MissFM]

Re: Court Summons Income Support despite outstanding Tribunal - legal?

I'm not sure what you mean - value of benefit? Could you kindly explain?

I think he means the same amount of money in benefits - ie you could have claimed the wrong benefit (one to which you're not entitled), and even if it's the same or less money than you would have received if you claimed the right benefit ie the type of benefit to which you were entitled, they might prosecute.

[Ilovetherockies]

Re: Court Summons Income Support despite outstanding Tribunal - legal?

[QUOTE=righty;416688]Yes its an abuse of process Write to the Court asking for an adjournment THEN phone them or if possible visit them. Remember to make detailed notes of ALL communications spoken or written



Now I know what you meant! I sent the letter Recorded on Monday and it was delivered and signed for on Tuesday...I called them today to double check and guess what, I was told that they don't have it on file! I then sent it via email. What fo they normally do, reply by post and how long does it take? What if I don't hear from them? Thanks.

[Ilovetherockies]

Re: Court Summons Income Support despite outstanding Tribunal - legal?

Yes also ask if they'll delay your case in view of the fact the the DWP are abusing the courts

I received a letter from the court today telling me that my application to adjourn has been refused and that I "must attend" next week's hearing. They are completely ignoring the tribunal ....is there anything I can do??? Any input is appreciated. Thank you everybody.

[Mr $quandaŁot]

Re: Court Summons Income Support despite outstanding Tribunal - legal?

I think you should contact CAB if you haven't already and get some legal advice.

Unfortunately, 'the Social' likes to prosecute whenever they can nowadays.

Did you have an interview under caution. If so, what happened in it?

[Ilovetherockies]

Re: Court Summons Income Support despite outstanding Tribunal - legal?

I think you should contact CAB is you haven't already and get some legal advice.

Unfortunately, 'the Social' likes to prosecute whenever they can nowadays.

Did you have an interview under caution. If so, what happened in it?

.................................................. .................................................. ........

Yes, I did have an interview BUT the subject of the hearing next week (extra income, leading to overpayment of Income Support and thus non-entitlement of HB) was not discussed in the interview. Afterwards they sent me another letter regarding alleged extra income but I didn't go to the interview. It all amounts to the fact that I have to proof that the alleged extra income wasn't extra income...which it wasn't. I have proof and have thus applies to the Tribunal. The Council are now completely ignoring the tribunal hearing on 27.04.14 and still want to go ahead with the hearing. If the tribunal decides in my favour, there won't have been any alleged overpayment at all as I would have been entitled to IS and thus HB too.. I obviously have to go to the hearing next week but I still don't understand how they can want to deal with "Overpayment of Income Support" there and then...it makes zero sense what with the tribunal. The Council has taken me to court (not the DWP) and are dealing with IS and HB....yet the DWP has put everything on hold until the tribunal has been. What can I do? Why is the council dealing with both?