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Hi all I'm new to this forum and need advice urgently.
I received a letter from DWP requesting that I attend an interview under caution because I didn't inform them of changes which affects my claim for income support.
Here's my story:
Separated from my husband in Feb 2007 because of domestic violence. In July 2008 he got back in touch, and things had improved dramatically with him. He started seeing our 3 kids again, stayed for dinner, stayed the night, then eventually we decided to give it another go, and started staying over more 3-4 times (or more) a week.
At the end of November 2007 I phoned the DWP and informed them he had moved back in. I was told that this had to be confirmed by letter. Unfortunately I didn't do this, as there was lots going on. I found a lump in my breast and was awaiting a hospital appoinment to get it checked out. My mum was very ill, and was admitted to hospital, and our youngest child was very ill, our GP sent him to be checked out at hospital with suspected meningites. Fortunately, a mamogram showed nothing but lumpy tissue (my appointment was 28/12), my son had a severe ear infection, and everything looks ok with my mum although she has still to go for further tests.
Anyway, once the kids were back at school my plan was to go to jobcentreplus with the letter, and to register as looking for work.
The whole time that we were separated my husbands mail was still coming to my address, and I know he had applied for numerous credit cards, car insurance renewals and stuff. I took the mail to his sister every couple of weeks, as he was moving from place to place he didn't have a permanent address.
I haven't been able to eat or sleep, and keep crying all the time.
I need answers to the following questions:
Should I refrain from answering any of their questions until I know what I'm suspected of, or should I tell them everything, or should I just stay quiet?
What if they have evidence that my husband was staying over before I informed them that he had moved back?
Will they have access to both our bank statement etc?
I take it that the information I gave when I phoned wasn't logged, and it now looks as though I haven't informed them of the changes at all.
I know from past experience that this can happen, even when you get direct phone/fax numbers and names the information which has been sent never gets to the person it's meant for.
I suggest honesty as they must have damning evidence to be interested.
You could offer to repay at £0.50 a week.
Get your story straight in your mind by drafting it all out on a letter.
If you have a problem with them get your MP involved ASAP and send him the letter.
If you are being economical with the truth it will help you to be consistent at least ;¬), life is complex that would be my angle, ~"I had so many balls to juggle...".
they have access to lots of things these days, can have copies of any credit card applications he may have taken out at your address, mobile contracts, where he registers and taxes the car from utility bills and of course if he is working he must be registered for tax and insurance so this will be registered at an address,
,
You did ring and inform them and what you have been through I cant tell you what to say but you have immitagating circumstances to say the least.
If you can remember anything about the call it will help,
The claim should have been suspended as soon as you made the call and closed down when they had the letter from you. It shouldnt have been paid after, dont know if that will help
Thanks to those who answered my problem, which I posted a few days ago.
As this interview draws nearer I feel like I want to disappear. I'm absolutely terrified. I've suffered from depression in the past, and with the help of medication had beaten it. I now feel worse than ever.
PLEASE HELP
Go and see your doctor if you feel that bad.
Life is a continuous series of poorly managed conflicts for us all, you are facing up to the conflict and can now move to resolve it
Hi goldiesgirl. I merged your threads so I could see what's already been said.
Having suffered depression in the past you know the signs I'm sure. Get to your doctor to see if you need medication again. It would be no wonder if you are depressed with all you've been through, and it will be something else you can say at the interview.
As has been said there seem to be mitigating circumstances and my advice is to just be straight with them. As you say, you don't know what information they may have, so just stick to the truth and they can't catch you out.
Most important though - see your doctor. Make an appointment in the morning.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Separated from my husband in Feb 2007 because of domestic violence. In July 2008 he got back in touch, and things had improved dramatically with him. He started seeing our 3 kids again, stayed for dinner, stayed the night, then eventually we decided to give it another go, and started staying over more 3-4 times (or more) a week.
At the end of November 2007 I phoned the DWP and informed them he had moved back in. I was told that this had to be confirmed by letter. Unfortunately I didn't do this, as
Theres a couple of conflicting dates above - is it Nov 2008 he moved back in?
If she could be under the care of the Dr (temporarily) or at least with a Dr's note stating she was under stress and is/has suffered from depression then personally i would copy that letter from the Dr and send it into the DWP with a letter, stating honestly the facts of the matter as in the first post, and asking that it be taken as a Statement of Truth and that she not physically or mentally (after the stressful time she has had of late) to be able to sit through an interview.
I would also state in the letter that should they require a personal interview she would be quite happy, by appointment, to be visited at some stage (perhaps with a confident friend or even with someone from the CAB present if that could be arranged).
Either way, i would ring the CAB and ask their advice to see if they have any suggestions and yes, as said, i agree.. be truthful at all times with them.
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1
Hi,
Thanks for all the words of wisdom.
Davey77 have already spoken to CAB, and they advise I get a solicitor, however the interview is imminent, and don't have time to organise that.
Won't even be able to get a docs appoinment before then.
Gizmo it was November 2008 I phoned them, that was a typing error.
My sister-in-law is coming along to support me.
Well, then i would say your sister-in-law is allowed, with your permission, to be in the interview room with you and if they ask she 'wait outside' or something then you can refuse. All you have to say is that although you have nothing to hide your health isn't good at the moment (details of which they are not entitled to know about at that point in time) and suggest in response to an rubbish from them do they have something to hide?
Most of the time with these people they generally act like they are all confident and on top of their game but underneath the surface they are just going through the motions.
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1
I was asked to attend as my wife had started part time work. I had been on IB for a year with depression and had nothing to do with the accounts. When I attended a Interview after being signed off by their doctors for a year, I told the woman there and then about my wife, she noted it and said I had to write in.
I never did
I then had the interview and I phoned a solicior the day before and I received free representation. I told the truth and the investigator was understanding. Rather than prosecute, he agreed to me repaying the money back at £3 per week and I was "Penalised" 25% of what I had been overpaid.
Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth
Hi all,
Had my interview today and it wasn't as bad as I expected.
The two people interviewing were very nice, switched the tape on cautioned me, asked a few questions about my situation, and then asked if there had been a change in circumstances that I had not informed them about - I said no.
They then proceeded to tell me that they had receved information leading them to believe that my husband was back living with us. I told them that he was - he had got back in touch last summer, and things had progressed and we had reconciled. I told them that I had informed them by telephone in November. They had information about credit applications that my husband had at my address prior to August last year and that bank statement were still going to my address after he left. I explained that his mail had always been sent to my address, when he left I had written 'no longer at this address' but they just kept coming - so I then passed them on to his sister to give to him.
I asked if they could tell me when the info was received, but they wouldn't tell me.
They asked why I hadn't followed up the phonecall when I knew the benefit was still being paid into my bank account, and I explained about all the things that had happened with my mum, kids & me, and that it was the last thing on my mind.
They then stopped the tape. Told me that it would now be sent to a manager to assess, and that 1 of 3 things would happen.
1 - I could go to court & be prosecuted - I was assured that this would not happen.
2 - I would have to pay the money back plus a penalty - told this would also be very unlikley, because of the circumstances related to why I didn't follow the phonecall up.
3 - I would have to pay the money back I was overpaid.
3 was the option she told me would probably happen, I would be contacted in a few weeks, and could arrange to pay the overpaid balance, by a small balance every week. I was also told that I could be given a DWP caution - basically all this is is 'a slap on the wrist'.
I asked again if they could tell me when the information was received, she checked my file and told me it was August last year (weeks after my husband was back in touch). she also slipped up and said 'she informed us'.
I told them that I assumed this information had been passed on by a neighbour who I had a dispute with last summer. It wasmore or less confirmed that it was a neighbour, and I was told not to seek revenge, as I would be the one who would get into trouble.
I told the truth from the start, and as my dates seemed to coincide with the date of the information this helped.
Many thanks to all who answered my thread.
That's great. Pleased it went well for you. Often these things turn out to be easier than expected and in this case that's happened. Any payments they ask for should be in proportion to your income so if you are asked to repay a certain amount don't let them insist on too large an amount. Apart from that i'd say it's all behind you now and "she" can get knotted.
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1
Hold up just a second. Fair enough you kept money that you knew didn't belong to you and didn't follow the phone call up, BUT - after you made that call, it was up to THEM to chase it up, not you. You had done your bit and informed them of a change of circumstances, If they failed to act then they are at fault, and if they are at fault, I'd be looking into whether you should be paying anything back. There is a clause that when the DWP make payments and it is their error, they can ask for it back, but not demand it. Obviously there are certain criterias but I'd be inclined to look into this.
Its a fair comment and might be worth getting advise from NationalDebtline or CAB sooner about this.
I do recall over a year ago i had a letter out of the blue from the DPW to say i had been overpaid by mistake to the tune of £60 odd. I wrote back and said ok, if i was then by how much a week, when, for what reason and asked for details. I never heard another thing from them..
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1
I'm glad it wasn't too bad. The directgov website says this about overpayments:-
Do you have to pay the money back?If the overpayment was your fault - perhaps you didn't report a change in your circumstances or gave wrong information - you'll have to pay it all back. If it was caused by administrative error you may be asked to pay it back, particularly if you could reasonably be expected to realise you were being overpaid.
Maybe given all that was going on you may have missed it. Is there a lot of money involved? It's up to you to do what you think is best and if this applies to you.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.