My Experience of interview under caution for benefit fraud and the low tactics they will use to find you guilty

[drodgers]

 

YES!! I am going to bash!! I don't "bash" as a rule but nor am I immune to or ignorant of the fact that there are "bent" people in all walks of life. Be it bent DWP officials, bent Local Authority Officials, bent "coppers", or fraudulent benefit claimants they all exist. . . There are good and bad in all walks of life

 

It appears you have been the victim of such a "bent" person, and it is absolutely totally disgraceful and inexcusable. I really hope you get this sorted out properly. I hope the investigator(s) responsible are brought to book, if they haven't been already. But that doesn't make it ok by any stretch of the imagination, as they are employed to work "for and on behalf of" the secretary of state, who is ultimately accountable for all DWP goings on. I understand you can't say too much about it at the moment but please do come back and let us know when it is all over what the outcome is.

 

Not often I get all ragey but in this case, I am riled

I'd agree it is unfair to label all people the same, whether it be benefit claimants, DWP, Police etc. However it is naturally worse when somebody is in a position of authority and abuses that position. That's why people get angry when senior MPs were claiming to get tough on benefit fraudsters or other criminals whilst abusing their allowances.

[Ladychubbs]

I was claiming income support and housing benefit for myself and 4 children.I have 3 children with my ex husband.I then met someone else and fell pregnant with my youngest son.At one time me and the father of my youngest son did consider living together as a family.So he did get some of his documents sent to my house.But for reasons i cannot go into on a forum we decided not to live together at that time.

 

In january 07 i got a letter from the dwp telling me i needed to come for a interview under caution because i had failed to tell them about a work.At this stage i never thought about getting any advice about attending the interview because i had not been working at anytime so thought it was nothing to worry about.

 

When i went down for the interview it soon became clear that it was not about any work i was getting accused off living with a partner.The interview started by showing me a copy of my sons birth cert signed by me and his father.I would never have left father unknown or a blank space where the fathers name should be.I knew in years to come my son would see his birth cert and it was the right thing to do having his fathers name on it.They also had copies of my bank application,credit card application.etc They had copies of my sons fathers driving license car tax renewal etc.In 2004 they had received information that i was living with a partner.So they had 3 years to gather information and make there case against me..

 

I was shocked because i did not know they could get all this information about what i considered to be my private life.People should be made aware that when you make a claim for benefit your private life is not private anymore.I dont know how they expected me to defend myself at the interview when i was not told the truth in the first letter about what they where really going to interview me about.This is a tactic they use saying they want to interview you about one thing then when you get to interview it is about something totally different.

 

They know before you even attend the interview of how it is going to go because they are prepared for what way the questioning is going to be put to you.I was guilty in there eyes even before they spoke to me.The interviewer tried to bully and intimidate me to tell her what she wanted to hear.I was spoken to like i was the lowest sort of ****** she had ever seen.It does not matter that the interview is getting taped because if you admit to what they want to hear the tapes will never be heard be anyone again so they can say to you what they like.

 

Also the fraud investigators are on preformance related pay.The more people they get to admit there guilt the more money for them every month.It is in there intrests to get everyone that they interview to make a admission of guilt.

 

I was told at the end of the interview that a decision maker would look at the evidence and decide wheather a overpayment had been made to me.I said well how can this happen when you have got me down here under the pretense of interviewing me about a work.Then when i get here the interview is about living with a partner and i have not been able to give you evidence to show where my partner is living because i did not know i was going to need it.They then try to shift the blame to a decision maker and that its not up to them any more.But the decision maker will be making a decision on what the fraud investigators evidence.

 

A few months later i get a letter saying based on the balance of probabilities that i had received a overpayment of 40 thousand pounds income support and 24 thousand pounds housing benefit.On the balance of probability i could of been living with brad pitt but it was highly unlikely.I could not believe it i was sucidal.I had not been givan a chance to put my side of the story across and now i owed all this money.If had not been for my family i would have done something really stupid.

 

I decided to appeal this decision.When you do this you then get all the paperwork involved i had not been given a chance at interview to see the evidence it was just threats of we have this and that on you.They did tell me that surveillance had been carried out on my home for ten weeks.At no time over those ten weeks was any so called partner seen coming or going form my house.Or living with me.When i started going through the surveillance obs they had said over a certain week that my car had been seen coming and going from my home.I then realised that it could not be true because i had been on holiday that week.My car was parked at the airport for that week not at my house.The obs also stated that they where observing my house from a certain number in my street.You could not see my house or car from this part off the street.

 

I could not believe it they had signed sworn statments telling lies about my car.This is how low they will go to get a conviction for benefit fraud.There where other lies told in there evidence but this one week period was the one time i could prove that my car was not there and they had told lies.

 

I was given a date for my appeal hearing and i thought i will now have my chance to give my side of the story and tell them where my so called partner was living.On the day off the hearing the dwp postponed the hearing because they where now trying to proscute me.I now know they have no legal right to stop a appeal going ahead it is yet more off there tactics.

 

I decided to write a letter of complaint.I got a response saying they could not consider my complaint while there was criminal proceedings pending.I was very fed up this had been hanging over my head for almost two years with no one wanting to listen to what i had to say.

 

In may off this year i got another letter saying they where not going to proscute me and the case was closed.I thought that would be the end off it.I got another letter saying my appeal was going ahead now because i still owed them the money.Before my appeal i sent a letter to the panel to highlight that there had been lies told in the obs carried out on my house and other flaws in the dwp investgation.On the day of the hearing i was a nervous wreck.I had tried to get the help of a solicitor from the first interview but was unable to get one because you will not be given legal aid to help you with your case.I feel this is very unfair because dwp have all the resorces to make a case against you but you have none to fight them back unless you can pay.If i could afford to pay i would not be on income support in the first place.

 

At the hearing there is a legally qualfied member on the panel someone from the dwp and yourself.This was the first time in almost two years i had got to explain myself.Also got to say about all the lies that had been used to make the case against me.When the dwp got ask questions they just where saying no comment no comment.I could not believe thay they had made my life hell and treated me like a ****** for two years and they had no comment to make on there allegations against me.

The panel upheld my appeal and i was found not guilty.

 

I decided to make my complaint again to dwp about the way there investagators had handled there investagation into my case.Its funny when this time i was the one making accusations against dwp how differnt i was treated.My complaint is getting treated seriously to the point they drove out to my address and proved for themselves that investagator was lying when she said where she was sitting taking obs from.I also have proof that my car was parked at the airport when it was stated on the obs it was seen driving in and out for a week.

 

If i had off been found guilty of owing this money to the dwp all the local papers in my area would off had a field day my life would not have been worth living anymore.Now the tables are turned i will have my day in court because i can get legal aid for this.Or i will have them named and shamed in my local rags.I dont know why they felt the need to tell lies in there case on me.But this seems to be the way they go about doing there job.Then off course the mps passing the laws and giving these people the powers that they have are the lowest of the low themselves.Dont let joe bloggs away with anything but meanwhile we will have nothing but the best and put it down for expences.If this isnst fraud i dont know what is .

 

So if you have the misfortune to be called into your local office for a interview under caution be aware they will bully lie intimidate you any low down tactic they can use to get a guilty out off you.How many more people has this person who interviewed me told lies on and got away with it.Some people will admit to anything just to try and make it all go away.They will take a penalty or a caution because they cannot cope with the worry off it all.

 

Never ever admit to anything.

 

I understand the dwp have a job to do and they must look into things when a allegation is made.But they should treat people with respect and do the job to the best of there ability.Not tell lies on people or bully them into saying what they want to hear.

 

I cannot say much more on a open forum about the dwp.You never know whos reading it.My case is now in the hands of my solicitors.

 

Remember never admit to anything because if you do you dont know what lies have been used to make there case.You will not see all the facts of the case until you appeal and get all the papers.So beware.

 

Omg this is happening to me now.

[tomtom256]

When you are first interviewed even though it is under caution it is not a criminal investigation at that stage.The decisions made on your entitlement to benefit at this stage are made on The Balance of probability.(Wheather you were living with a partner or a single parent).It is not beyond all reasonable doubt.

 

Swift Eater to be fair i think i know more about this than you.It happened to me.You are not entitled to legal aid for a interview under caution at your local dwp office.It is not until it becomes a criminal matter that you will receive legal aid.

 

I think if you read my post correctly i have nothing to hide.That is why i have made the posting on this site so there will be no consciences for me to suffer.Also i think in your own words you are coming across as aggressive i was willing to let it go in your first post but not a second time.If you have nothing constructive to add sometimes its better to say nothing at all.Just to make it clear to you I have been wrongly accused of benefit fraud.

 

K3852 is right that you are not entitled to legal aid for a solicitor unless a interview is held at a police station.

 

I have just found my interview letter it clearly states.

 

The social security agency will not help with the cost of legal advice or for the solicitor or legal advisor to attend the interview.

 

That does not mean you cannot get legal aid, it just means the DWP will not fund it.

 

You are free to go and enquire about legal aid.

 

I would raise a complaint regarding the IUC letter as it would appear they have gievn the wrong reason for the IUC if it was a living together offence and not a working whilst claiming. They have to tell you by law what the IUC is for and failure to do so or give an incorrect reason is a breach of PACE and is gross misconduct.

 

As for performance related pay for fraud investigators we wish. But that appears to be one of the urban myths on these boards.

 

You can appeal the decision at court, CAB will attend for this and often do as you generally don't get legal aid for appeals as it's not a criminal offence it's a civil one.

[Nystagmite]

This thread is from 2009.

[LifeIsAMess]

That does not mean you cannot get legal aid, it just means the DWP will not fund it.

 

You are free to go and enquire about legal aid.

 

I would raise a complaint regarding the IUC letter as it would appear they have gievn the wrong reason for the IUC if it was a living together offence and not a working whilst claiming. They have to tell you by law what the IUC is for and failure to do so or give an incorrect reason is a breach of PACE and is gross misconduct.

 

As for performance related pay for fraud investigators we wish. But that appears to be one of the urban myths on these boards.

 

You can appeal the decision at court, CAB will attend for this and often do as you generally don't get legal aid for appeals as it's not a criminal offence it's a civil one.

 

Sorry Nystagmite just want to ask tomtom256 a question....

 

tomtom...regarding the reasoning on the letter for the IUC, are they required to mention what the actual offence they think has taken place is? As in do they have to go beyond "benefit fraud"?

 

Thanks

[tomtom256]

Check this link, basic guidance that all FIS officers should follow http://www.dwp.gov.uk/docs/fraud-guide-interview-under-caution.pdf

 

Arranging appointments section.

[snailz]

wow this scares the hell out of me, iv just wrote a thread today regarding a non-formal interview with a compliance officer... reading all this, i think im doomed and in for a really long journey

[jabba jones]

wow this scares the hell out of me, iv just wrote a thread today regarding a non-formal interview with a compliance officer... reading all this, i think im doomed and in for a really long journey

 

Rather than reading a very old thread about a fraud investigation that allegedly went VERY wrong, you might be better off searching for one of the many threads about Compliance invites.

 

Compliance are not the Fraud section. One of the many things they do, is deal with cases that have been downgraded by the Fraud team. They do not investigate you & do not have the powers to prosecute anyone.

[LifeIsAMess]

Check this link, basic guidance that all FIS officers should follow http://www.dwp.gov.uk/docs/fraud-guide-interview-under-caution.pdf

 

Arranging appointments section.

 

Thank You