Interview under caution - advice please - it's a witchunt

[Rosie1000]

Approximately 3 months ago I received a visit from a Housing Benefit officer. This visit was out of the blue, I had received no prior warning from them that there was a problem with my claim, the HBO just turned up.

 

I live with a housemate, (he used to be my partner but we split up and the neighbours can certainly vouch for our rows I'm sure!).

 

We hold a very old tenancy agreement (10 years) and pay £400 less per month than a similar property should cost in rental these days. For this financial reason we have had to stay living together, neither of us can afford to rent separately, it's a stalemate situation and I explained all of this to her.

 

I have asked him to move out on numerous occasions so i can get another housemate but he can't afford to. My housemate sleeps on the sofa, all of his clothes are in the spare room and not my bedroom. The spareroom is full of junk which we need to clear out.

 

The housing officer came around to specifically question this arrangement, she makes out we are still together. She asked to look around the house, so I obliged as I have nothing to hide. She saw his quilt and bedding on the sofa, she also noted that none of his clothes were in my bedroom and that I have my own tv in my room.

 

She wrote this down, I read it and had to sign it - she also took a photo of my passport which afterwards struck me as odd.

 

I asked her if I would be able to get a Council flat to help me out of this predicament and she replied 'no chance - you will be waiting 15 years' Where exactly would she like me to live, on the street?

 

Recently she put a letter through the door which invites me to an "interview under caution" - the interview is concerning 'undeclared bank accounts'. I am wondering why her investigation has shifted? I feel that this is just a witchhunt now, as she failed to satisfy her false belief that we are a couple, i believe she went back to the office and tried to dig some new dirt on me so that she can get her monthly bonus - it is disgusting and pathetic.

 

On searching my credit report I found my name connected to one of my housemate's accounts - this is an error. Surely if she thinks we have a joint account she would have got solid statements from the bank concerned which would show that I am not an account holder? I would expect her to have this as evidence if she is going to interview me?

 

I do have one bank account which wasn't declared (Debt consolidation group told me to keep it private until i had sorted myself out - i have email correspondance showing that the very reason the account was set up was to clear debt), however this bank account is in constant overdraft and incurrs regular bank charges.

 

On top of this I have unsecured debts of over £12,000 and spend most of my time writing letters to stop court action engulfing me completely.

 

I have no savings, just debt, debt, debt. The Housing Benefit took 3 months to pay my rent and even then underpaid me for two months, I had to sell some of my clothes to pay bills and rent, a private landlord will not wait 2 months for his money. I even told them I had to sell my clothes to survive! I am now thinking that they will say this is undeclared income when infact it wasn't, it was my very own used clothes!

 

I am very angry at being called into this interview, the sum of benefits I have recieved totals around £3,500 - it's hardly a Garrards jewellery bust is it.

 

I have paid private rent for ten years from my earnings and worked all of my life, i left my job 2 years ago but did not want to claim benefits and only began claiming 10 months ago when things hit rock bottom. I worked 2 jobs to put myself through university.

 

I have a history of clinical depression which only my doctor and close friends know about, this saw me signed off work for 4 wks in 2007. I never disclosed the depression to the Jobcentre for fear it would jeopardise future job applications - I kept this info private despite the fact that if I had disclosed it to the jobcentre then I could have been able to claim sickness benefit - which is substantially more money than JSA.

 

The depression is noted on my medical record going back 5 years. The interview is in 2 weeks - any help or advice much appreciated.

 

Finally, she did not believe that my housemate is infact my housemate because weeks later she rang him with further questions. Further to this I have proof that we are not together.

 

Thanks in advance for any help.

Edited September 10, 2009 by Rosie1000
input paragraphs to make for easy reading

[MONX]

Hi Rosie1000, you might find it easier to get advice if you structure your post so that it is easier to read. Try putting in a few spaces after paragraphs.

 

If you have proof that you are not living together as a couple and the bank accounts are in his name then that should be enough for the officer.

[Rosie1000]

Hi Monx, Ok thanks, yes it looks like a bit of bulk read - I'm new to this!

 

Thanks for your input - most of the accounts are in his name, one is in mine.

[Rosie1000]

Any advice appreciated please - seems to be lots of viewers but no advice! What is the worst that can happen to me here?

[Bookworm]

Well, they can ask you all the questions they want to try to make you trip yourself in case you have something to hide... But the fact they're not asking your housemate in at the same time seems to indicate they do accept you are in fact not a couple, I should think, or they'd get you both in there to try and accept your liability as a couple.

 

Re bank accounts, if you have an undeclared bank account which has no money in it and only debt, then it shouldn't be a major problem, unless you have unexplained monies going in.

 

Listen: Years ago, when I was still in council accomodation, they got me to justify every one of the monies going in my account. Some of it was help from my sister, I had to get a letter from here confirming that. Same with my mother-in-law's loan. They still were quibbling about small amounts I couldn't remember precisely, so eventually, I just sent them a snooty letter telling them I couldn't account for every penny in or out of my account, and that some of it came from my penny jar from stopping smoking and stuff like that and no, I couldn't prove that. They got the hint that they were asking too much and backed off.

 

If you have nothing to hide, then make sure you answer their questions, not let them rile you and don't volunteer anything they don't ask for.

[Rosie1000]

Thanks Bookworm,

 

I really appreciate that, feel better already. The only money I've had going into the account is from selling some of my old clothes and I have receipts to prove these transactions. Some of my clothes did sell for around £80 from time to time - clothes from a former life though when I worked in London and stupidly ran up a big credit card bill. I'm certainly reaping the debts now but I've made my bed so I'll lie in it and am trying to pay everything back. The undeclared account was only opened on the advice of the Debt Consolidation company to start afresh and I never had enough money to get the plan off the ground in any case, i wish I'd never bothered with it now. Thanks for your advice it's a help.

[Bustard]

Rosie - it sounds if a neighbour has shopped you to the Council ? , to make trouble for you . It's sad but there's a lot of it about .

 

The Council Woman sounds if she's absolutely determined to nail you for supposedly living as " man & wife / BF/GF " , she's just trying a different tact .

 

Kindest thing I can say about her - is that she must be under a lot of pressure from on high .

 

There has been a clamp down with Councils - they've Central Government breathing down their necks , there's the National Audit Pressure and bonuses from the DWP too .

 

They like " scalps " that fit with Liberal Sensibilities , i.e. Private Landlords / Suburbia " fraud " not the likes of a Chatsworth type Sink Estate where it's arguably a way of life .

 

Re: please help - interview under caution

http://webcache.googleusercontent.com/search?q=cache:OoqOM7bIMRYJ:www.gardencourtchambers.co.uk/imageUpload/File/Benefit%2520of%2520the%2520doubt%2520Article%2520by%2520N%2520Bateman.doc+silence+and+advance+disclosure+dwp+interviews+under+caution&cd=1&hl=en&ct=clnk&gl=uk&client=safari

 

http://www.incomemax.co.uk/guest-blo...t-fraud-cases/

 

http://webcache.googleusercontent.co...&client=safari

 

http://www.mjpsolicitors.co.uk/faq.php

 

 

I've the greatest of sympathy it's something I wouldn't wish on anyone .

Edited May 3, 2010 by Bustard
add links for reference