Benefit Fraud and Tax Credit Fraud Lawyers

Hylton-Potts - The London Based Law Firm helping people across the UK

 

Hylton-Potts are experienced Benefit Fraud and Tax Credit Fraud Lawyers. If you’ve received a letter about an Interview, Awkward Documents or Overpayments, call or email us today!
We never allow our clients to be interviewed. We are registered with H.M.R.C as tax and tax credit advisors. We do NOT report benefit fraud.

We’re here to help you;

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We can help fight your case…

  • We are registered with H.M.R.C. as tax and tax credit advisors.
  • We are experts at avoiding criminal prosecutions, and we never allow our clients to be interviewed.   We repeat if you become a client of ours you will never be interviewed.
  • Experts at challenging the amount of an overpayment.
  • Replacing interviews under caution with a written mitigation package of a written statement, character references and medical reports.
  • We have a high success rate in avoiding prosecutions and custodial sentences.
  • We will work on your case for a low cost Fixed Fee of only £295 including VAT.
  • We can help you if you been accused of subletting your property/flat.
  • We can help if you have been accused of unlawful, or fraudulent subletting.
  • We are experts in helping with Student Loans Fraud Prevention issues, and obtaining successful outcomes with DSA Counter Fraud Services.
  • If prosecuted fixed fee £950 including VAT, including expert preparation and representation by top private barrister.
  • Negotiations with prosecutors HMRC,  AVP and DWP
  • Mandatory Reconsideration
  • Defence to Benefit Fraud charges and reduction of charges in nature and scope.
  • Expert at Universal Tax Credits, Job Seekers’ Allowance, Income Support, Disability Living Allowance, Child Benefit, Working Tax Credit, Child Tax Credit, Council Tax Benefit, Housing Benefit, Personal Independence Payment, Employment Support Allowance, Attendance Allowance and Carers Allowance Legislation.
  • When someone has mental or health difficulties an appointee can look after their affairs. We can advise on legal issues, including dishonesty by appointees.
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Received a letter about a Fraudulent Claim or receiving an Overpayment?

Every year, thousands of people receive letters just like these even though the majority never set out to intentionally de-fraud the system. Most often, they have innocently filled in a form incorrectly or not realised they needed to update their circumstances.

Regardless of your circumstances, we can work with you to understand your circumstances and understand your situation so we can find a solution that will work best to help you.

Don’t let them treat you like a criminal!

We never allow our clients to be interviewed.   We repeat if you become a client of ours you will never be interviewed.

They will now try and fix a date for a recorded interview in which they will try and ‘find out the facts’ and have you confess to knowingly falsifying the information you supplied in your Tax Credit forms.

In their eyes, you have committed an offence. This isn’t the like the criminal legal system, you are NOT innocent until proven guilty. It is for you to prove your innocence in these circumstances. It is like an interview under Police caution.

More information from the Governments – Benefit Claims: do the right thing website.

We will have your Interview replaced with a Written Statement

We never allow our clients to be interviewed.   We repeat if you become a client of ours you will never be interviewed.

Here at Hylton-Potts, we will ensure that you do not have to attend the interview. We will work with the authorities to have your interview under caution under the Police and Criminal Evidence Act 1984 replaced with a written mitigation package of a written statement, character references and medical reports.

Fixed Fees

Expert Legal Help doesn’t have to break the bank! With our Fixed Fees, you can be sure you know what you’re paying from start to finish with no unexpected surprises, just because we reached a successful conclusion to your case!

We charge a fixed fee of just £295 (including VAT) to advise, and a highly competitive fixed fee to replace your interview under caution with a mitigation package of a written statement, character references and medical reports.

If you have been prosecuted, we charge a fixed fee of just £950 (including VAT), which includes expert preparation and representation by a top private barrister.


Why choose Hylton-Potts?

The fixed, guaranteed fees include all required documents, advice from experienced, approachable Benefit Fraud and Tax Credit Fraud Lawyers. Access to your Lawyer by email, Skype and direct dial telephone, or at meetings as you prefer. A Lawyer who explains everything, and uses clear plain English.

We are no nonsense Street fighters good to have on your side. For us there is no such thing as ‘Just another case’ .We treat you like a close family member or lifelong friend. We provide a better and cheaper service than solicitors.

For Further Information

If you would like to read further information about our service, then please fill in one of the contact forms on this page, or alternatively email us at law@hylton-potts.com to find out more about how we can help you.

You may wish to read our Recent Case Studies. We also have information below about the Benefit Fraud and Tax Credit Fraud Prosecution process
You have nothing to lose, so why not get in touch by picking up the phone and giving us call today on – 020 7381 8111.


What is the difference between a Benefit Fraud Solicitor and a Benefit Fraud Legal Consultant?

Benefit Fraud Solicitor

1. A Benefit Fraud Solicitor will advise you to attend an interview under caution and say “No comment” which intensely annoys the investigators, and makes them more likely to prosecute.

2. A Benefit Fraud Solicitor charges terrifying hourly rates.

3. Benefit Fraud Solicitors are stuffy, formal and governed by silly rules designed to protect them.

4. A Benefit Fraud Solicitor writes and speak unintelligible legal jargon.

5. A Benefit Fraud Solicitor usually cannot be your advocate in a higher Court and has to hand the case over to an expensive barrister.

6. A Benefit Fraud Solicitor’s service can be cumbersome and slow.

Benefit Fraud Legal Consultant

1. With a Legal Consultant, you do not even have to attend the interview.

2. Legal Consultants charge highly competitive fixed fees.

3. Legal Consultants are straightforward, approachable, and might even make you smile, even though you feel very down.

4. Legal Consultants write and speak plain understandable English.

5. Legal Consultants can see the case right, through with the help of a public access barrister, selected and briefed by us.

6. With Legal Consultants, you will get a fast efficient service with every phone call, email and letter being replied to the same working day, often at a fraction of the cost.


Recent Benefit Fraud and Tax Credit Fraud Cases


Miss T.

Miss T Benefit Fraud

Miss T was being investigated by the DWP

Miss T was being investigated by the DWP, because they believed that the father of her children had been staying over, which she had not disclosed to them. We spoke to them, cancelled the scheduled interview under caution, which can be an intimidating and harrowing experience, and instead submitted a mitigation package of a written statement medical report and character references.

Miss T was not prosecuted, and was allowed to make a repayment by instalments with a modest civil administrative financial penalty on top.


Mr M.

Mr M Benefit Fraud

Mr M had “earmarked” money for his children

Mr M had earmarked his redundancy money and forgot all about it when he later applied for benefit. He never considered the money his, but the DWP did and he had broken the rules.

We cancelled the scheduled interview under caution and submitted a mitigation package consisting of a written statement, medical report and character references.

The DWP accepted that he had slipped up but had not been dishonest and took no action against him. No, arrest, prosecution, criminal record or publicity.


Mr T.

Mr T Benefit Fraud

Mr T was being investigated by the local authority over Housing Benefit

Mr T rented a house from a family member and to claim the Housing Benefit they “knocked up” a tenancy agreement. The local authority discovered that it was not an arm’s length transaction and got the police to arrest him and search his house and found incriminating documents.

On our advice, he did not answer questions at the interview under caution, (nor did he give ‘no comment’ responses) but with our help submitted a written explanation with a medical report and character references.

The decision maker decided not to prosecute and he paid back the overpayment with a 30% administrative civil penalty on top. No publicity conviction criminal record or risk of prison.


Mr A.

Mr A Tax Credits Fraud

Mr A was being investigated by HMRC over Tax Credits

Mr A was being investigated by HMRC over Tax Credits. He had slipped up inadvertently interpreting the horrendously complicated rules, but HMRC took a stern line.

We were able to convince them that he had not acted dishonestly but just carelessly, and when we had submitted a mitigation package consisting of a written statement, a medical report and character references, they took no further action.


Miss E.

Miss E Tax Credits Fraud

Miss E was being investigated by HMRC over Tax Credits.

Miss E was being investigated by HMRC over Child Tax Credits. She had not disclosed her partner’s earnings and the overpayment was in excess of £5,000 and HMRC indicated they were considering a prosecution.

We were able to change this by submitting a mitigation package consisting of a written statement, a medical report and character references, and they took no further action.


Mrs T.

Mrs T Tax Credits Fraud

Mrs T was being investigated by HMRC for Tax Credits.

Mrs T was being investigated by HMRC for Tax Credits. They investigated her because they believed she was really living with another adult. In fact she used her sister’s address and the other adult was a sister’s boyfriend. In fact Mrs T was abroad and claimed Tax Credits, which is against the regulations.

By negotiation with them and the submission of a mitigation package consisting of a written statement, medical report and character references, we were able to persuade HMRC to take no further action.


Mr P.

Mr P Benefit Fraud

Mr P was being investigated for Benefit Fraud.

Mr P was being investigated for benefit fraud. The suggestion by DWP being that he exceeded the capital limits.

We were able to persuade the benefit fraud office that it was a mixture of their failings and grey areas and no further action was taken.


Miss Z.

Miss Z Benefit Fraud

Miss Z was being investigated for Student Fraud

Miss Z was being investigated for student fraud. Under huge financial pressure and with an abusive partner, she applied for benefit whilst receiving a student grant thinking that a loan did not count and had not got to be disclosed.

We cancelled the interview under caution, and by submitting a mitigation package involving a written statement, medical report and character references, we were able to persuade the decision maker not to prosecute.


Mrs F.

Mrs F Benefit Fraud

Mrs F was being prosecuted for Benefit Fraud

Mrs F was being prosecuted for benefit fraud, having unwisely attended an interview under caution with a legal aid solicitor and repeatedly said the words ‘no comment ‘which just irritated the fraud investigators and put their costs up.

We were able to get the case adjourned and make representations of the prosecution comprising a statement setting out her side of the story, a medical report and character references. The CPS dropped the criminal case in exchange for a civil administrative penalty, thus avoiding a criminal record.


Mr G.

Mr G Tax Credits Fraud

Mr G was being prosecuted for Tax Credit Fraud

Mr G was being prosecuted for benefit fraud, having unwisely attended an interview under caution with a legal aid solicitor and repeatedly said the words ‘no comment ‘which just irritated the fraud investigators and put their costs up.

We were able to get the case adjourned and make representations of the prosecution comprising a statement setting out her side of the story, a medical report and character references. The CPS dropped the criminal case in exchange for a civil penalty, thus avoiding a criminal record.


Mr N.

Mr N Benefit Fraud

Mr N received a summons for Benefit Fraud

Mr N, having unwisely attended an interview under caution believing there was no alternative, panicked and lied in that interview. As a matter of policy DWP then prosecuted not so much for the original fraud but for misleading them at interview.

We were able to explain that the client was basically a truthful and honourable man who had panicked and behaved out of character and wanted to put his affairs in order. Even after the prosecution started DWP agreed to withdraw the prosecution and dispose of the matter by way of a civil administrative penalty.


Call us today on – 020 7381 8111

Contact Hylton-Potts

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Hylton-Potts are experienced Benefit Fraud and Tax Credit Fraud Lawyers. If you’ve received a letter about an Interview, Awkward Documents or Overpayments, call or email us today!
We never allow our clients to be interviewed.

We’re here to help you;

  • 24 hour Free Email service.
  • Office hours Free Telephone Helpline.
  • Never attend an interview, which terrify people.
  • Everything strictly confidential.
  • Dedicated expert and experienced lawyer.
  • Available by telephone, Skype, meeting and email.
  • Fixed fee £295 including VAT.

Hylton-Potts – The UK Benefit Fraud and Tax Credit Fraud Specialists

Hylton-Potts are highly experienced and professional lawyers in the benefit fraud and tax credit fraud field. We understand how this complex and ever-changing area of law can be confusing for many people, which is why we want to make sure you are aware of your rights, and are not coerced into situations which may be distressing for you. You may have received a demand to produce documents which you know will create a problem for you.

If they are demanding to see documents that you realise will cause you a problem, we handle that for you, and stand between you and the fraud investigators

Interviews Under Caution in particular can be upsetting and stressful. When you are first informed that you are being investigated, it is likely that you will be instructed to attend an interview to “discuss” your case.

What is an Interview Under Caution?

In most cases, you will receive a letter signed by a Fraud Investigator. Although it should tell you that the interview will be tape recorded and that you may wish to seek legal advice, it will not tell you the current status of your case and how much evidence they have against you.

These interviews are designed to gather evidence against you, so while you should not ignore this letter, it is vital that you consult a specialist lawyer or solicitor. The mere thought itself can be intimidating, and this frame of mind can affect the things you say and how easily your conversation with the authorities can be led.

Do I need to attend one?

You have every right to decline the interview, and at Hylton-Potts, we make sure that all our clients do this. We never allow our clients to attend interviews under caution or otherwise.

The other frequent action that a lot of people take is to call the benefit authorities when they receive their letter and try to argue their case, but this is dangerous. You must always keep in mind that they are trying to gather evidence against you, so they are likely to be forceful over the telephone with you and try to lead the conversation.

Even when you believe the conversation to be an informal discussion, they may use what you say against you and incorrect phrasing, however innocently meant, can appear to be a self-confession of guilt. They can and do tape the calls.

What happens at an Interview Under Caution?

It is taped, like a police interview, under the Police and Civil Evidence Act and you are given the caution. You may have seen this on TV police programmes, but it is horrific when you are in the hot seat. You may have heard of a ‘No comment interview’ . This is a very bad strategy which hugely annoys investigators and put their costs up, making a prosecution more likely.

During the course of the Interview, the interviewers will ask a series of questions to help them obtain evidence against you. They will likely ask questions around what you know about benefits, and even state why they think you misinformed them and ask you to confirm whether you believe what you did was wrong.

These are leading questions designed to catch you out, even if you are completely innocent. The behaviour of investigators has also often been noted as brutal and offensive by many, which is again why we at Hylton-Potts do not follow this process.

We repeat; If you become a client of ours you will not be attending any interview, whether compliance interview, under caution or otherwise.

If they are demanding to see documents that you realise will cause you a problem, we handle that for you, and stand between you and the fraud investigators. If you have realise that you have slipped up and broken the rules, we can handle the ‘confession’ process for you effectively.

What happens after the Interview?

Afterwards, a decision will be made on your case and whether you will be prosecuted. If they decide you are guilty, you may receive a letter stating that your benefits have been stopped due to an overpayment.

Again, you should go  to your specialist lawyer or solicitor with the letter so that you can understand where you go from there. You have the right to appeal an overpayment decision or if the Authorities have stopped your benefits, to an independent Tribunal. If you wish to do this, your lawyer or solicitor can submit an appeal . Even where your case may appear weak, you should try to challenge it, as the many of benefit overpayments notices are wrong due to human error. An appeal to the Tribunal for your case would ensure that you only repay what you are legally liable for.

You have a one month window open for this, but you can still appeal after if it is within 13 months of decision, and you are able to demonstrate good reasons for your late response, which your specialist lawyer or solicitor will be able to help you with.

Can I still be prosecuted?

Even if you do not appeal and agree to repay the money, where fraud investigators believe they have enough evidence against you, you can still be prosecuted. In such cases as these, they will refer your case to a DWP decision maker or the Crown Prosecution Service (CPS). Most reasons for doing so are where:

  • The overpayment is over £2,000
  • They believe you misled them during an interview
  • They have evidence of organised fraud
  • The overpayment is less than £2,000, but you have refused to accept a civil penalty
  • You used false identities or documents to commit fraud
  • You assisted others committing an offence

If this is the case, you will receive notification of a criminal prosecution.

However, the Authorities may decide against a heavy punishment. For example, they may apply a Civil Administrative Penalty or issue a Formal Caution. On the other hand, where they do not feel that it’s in the public interest, they may decide to take no action at all. Depending on the severity of your case, your lawyer may be able to argue for a lighter sentence.

What happens if I am prosecuted?

The likeliest scenario is that your case will go to magistrates’ court, but if more serious, it can go higher to Crown Court. A specialist lawyer or solicitor in benefit fraud here is essential. Only an expert will be able to look at all the evidence, consider whether what is being put forward could have been a result of inadvertence, not deliberate dishonesty , and ultimately decide upon the best strategy for you.

If guilty of fraud, you will  be given a criminal record and an appropriate sentence. Again, this depends on the severity of your crime, and can range from a fine, community service right through to immediate imprisonment. We fight very hard to avoid any criminal prosecution for our clients, and asked extremely successful at what we do

What should I do when I receive my first fraud investigation letter?

Understandably, you will be shocked and upset that you have been accused of benefit or tax credit fraud. Even though you may believe yourself to be completely innocent, you should consult an expert lawyer or solicitor immediately. Only they will be able to analyse your case and guide you through the next steps of the process.

If you choose to try and defend yourself, you can end up incriminating yourself even further simply by being ignorant of the defences you are able to put forward or the terminology being used. If you hire an expert, they will have such an in-depth knowledge that they will be able to drastically cut down on the amount of stress, emotional pain that you would otherwise face.

Plus, although you might believe in your innocence, it could be that you made a mistake on your benefit or tax credit application, or did not declare something . Such small errors on your part may not seem like you are breaking the law, but they can escalate quickly in the hands of authorities if you do not have a specialist lawyer or solicitor to help you work out where you went wrong.

We will never allow our clients to be interviewed, instead providing the authorities a written mitigation package and evidence to support your case instead. This can include character references and a medical report. So get in touch with us today.


Call us today on – 020 7381 8111

Contact Hylton-Potts

Required fields are marked (*)

Your Name (*)

Your Email (*)

Your Telephone No. (*)

Your Message (*)

Copy The Following In To The Box Below To Send
captcha

Hylton-Potts are experienced Benefit Fraud and Tax Credit Fraud Lawyers. If you’ve received a letter about an Interview, Awkward Documents or Overpayments, call or email us today!
We never allow our clients to be interviewed.

We’re here to help you;

  • 24 hour Free Email service.
  • Office hours Free Telephone Helpline.
  • Never attend an interview, which terrify people.
  • Everything strictly confidential.
  • Dedicated expert and experienced lawyer.
  • Available by telephone, Skype, meeting and email.
  • Fixed fee £295 including VAT.