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    • Only one letter was there but as usual they have gone overboard and asked for way too much money. The most they can claim is  £100 but time after time these cases get thrown out of Court as an abuse of process. It is pretty close to fraudulent so that is good for you if they try it in Court.  BUT DO NOT CONTACT THEM OR ANY OTHER DEBT COLLECTOR EVER. Were both letters from DRP. If not you can photograph the other letter and upload it on to your computer.
    • So he has .....ignore..I was referring to post #36 .....manual application for default
    • Did I misunderstand? I thought he had applied for the judgement
    • You request judgment on line..not on a form if they have not acknowledged service within the 19 days..the court wont inform you..you have to keep checking ..today is day 22.   Requesting Judgment using Money Claim Online (MCOL) If the defendant has not responded to your claim within the allowed time, or they have sent you an admission form and you are willing to accept their offer of payment, you can request judgment via the MCOL website.Please note that the defendant can still reply to your claim until the court has processed your request.   If the defendant’s reply is late but arrives before or even on the same day as your request, it will have priority. It is your responsibility as a claimant to make sure you enter the right type of judgment. If you do not do so this may lead to the judgment being set aside. Step 1 & 2 – Guidance and Type of Judgment Log in to your MCOL account and select the relevant claim from the claim menu. In the Claim Overview, select ‘Request Judgment’ from the available options. From the first screen (Step 1 of 8), read the guidance carefully and then select continue. In Step 2 you will need to choose whether you are requesting ‘judgment by default’ (the defendant has not filed a defence or admission to the claim)
    • S.O are a good lot used them several; times and in threads here   dx  
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accused of benefit fraud please help..


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hey im new to this, and not even sure if im doing this right or what il get out of doing this, but here goes. i moved to a little village with my husband and my daughter a few years ago, to be close to my mum in a bid to get better-i suffered with a mental illness, and have done for a long time. my husband and i seperated, and he stayed with my mum as there was nowhere else to go. (we've been on and off since school, so i guess my mum thought we'd patch things up) anyway almost a year went by and we officially got back together, i found out i was pregnant again and things went from there. during the year when we were seperated though, my mental health worsened. i was greiving the loss of my brother, and trying to accept the fact that my daughter wasnt actually fathered by my husband, but by the man who raped me. (thats the main reason we seperated, it was too much for him to take in) i lived in a world of my own, pretending everything was hunkydory, although it wasnt. i have this thing, sounds crazy but i wanted to be like everyone else, i lived in a fairytale, pretending everything was normal.. my way of coping i guess. i never left the house alone, was so scared, id sit with the curtains drawn unless my mum came to take me to the shops or my husband would take me out for a walk with my daughter. i wouldnt have gone out if it wasnt for them. when i was pregnant with my 2nd though, things were great between me and hubby, it felt like we were like any normal couple.. until the last 4 weeks of my pregnancy where we split up again. and again he went to my mums so he could be there through my pregnancy and be there when she was born. the reason for us parting this time was my hormones and depression. i was very nasty, even throwing it back in his face that my daughter wasnt his. horrible i know, but i wasnt in the right frame of mind. like something had taken over me. i struggled through the last few weeks of my pregnancy as a single mum, although he still came over, stayed with me alot, but i returned to my old way of coping.. pretence.. anyway the next few months went by in a blur, and i showed that i was trying to get better, i was seeing a counsellor, and generally made an effort. we decided to giv it another go providing we moved away from the village we lived in. after id informed benefits of us getting back together, i received a letter inviting me for an intervew under caution for suspecting i was living with a partner. i was so shocked, i thought my life was getting back on track - i had my perfect family and we were gonna start a fresh.

i went for the intervew alone, as i had no friends at that tym and my mum wasnt allowed to attend, they twisted everything i said. the evidence they had was a friends reuntied page sayin i was happily married, wrote at the time i was single.. i was ashamed of this, as my hubby didnt know i wrote it.. it was my fairytale brain, i didnt want old school ppl to know the truth... stupid i know but like i said i wasnt myself. they had a story which was published while we were together and not claiming, stating a phobia i had.. of course the magazine exajerated everything, it said that " we moved to a little village with our daughter" the fraud squad insisted that this is what happend... the magazine is hardly gonna say we moved then split up afta findin out the baby wasnt his then got back together again" but they didnt see it as that. my hubby had not changed his address with the doctors the 2nd time we split.. he said he forgot as hed not changed docs, and rarely went anyway. i told them my story, told them yeah he did stay over when we werent together, he never gave me money, was just there as a friend, which they said was fine if it was true.. they said theyd make further enquiries, which took 7 agonizing months, and now im invited back for a 2nd interview, and so is my hubby (seperately) i cant beleive this is happening.. in a way i understand why they suspected us, my own little fairyland caused this, which is fairplay, but we didnt do anything wrong. seriously. i was unwell. still am, although getting better. this is killing me though.. iv never done anything bad in my life, never broke the law in any way, and im terrified. im takin a solicitor with me to the nxt interview in a couple of weeks. mainly so they dont twist what i say again. im kinda lookin for support rly.. this is by far the worst thing iv been through,. id rather be raped allover again than go thru this, since my brother died theres been days where iv not thought about him.. there hasnt been a day go by since i got that letter that i havent thought about this, i have images of me going to prison, bein away from my babies, i would rather die than be away from them... if anyone has been in a similar situation please help me. thanku and sorry for rambling

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theres only so much i can take though hun. iv not had tym to grieve for 1 thing before another thing has happened.. thats the first time i have ever opend up about any of that to anyone other than my hubby or my mum. feels good to get it off my chest... thankyou for not judging me x

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I wouldnt dream of judging you. You only have to read some of my posts to see im not exactly "normal" !! You have had pants luck and you will find this site is full of supportive people. Im just sorry i dont have the advice regarding your interview. There are a few posts on here regarding the same thing , have you had a nose around? x

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yeah.. sorta. i kinda wanted to have my own post so ppl can see my story really. i still cant believe they are puttin me through this, they neva filmed me or searched my house, which is hard evidence in my eyes. theu have my doctors notes, and no how unwell iv been and what iv been through.

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:(

 

Hold fire until a clever person comes along with the right advice for you, definately think its a good idea you take a soliitor though, youve done amazing getting it all of your chest sometimes it makes you feel abit clerarer x

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hi,

i am using my partners profile to write this. i am going though exactly the same thing as you in more or less identical circumstances with councillor and med's and know how you feel, they twisted my first interview when i went by myself too as i had no one to go with me, the way they twised yours! and when i spoke to my solicator she told me that they do that to everyone and to answer no coment to all further questions when i was called back. Since i have gone back and done as i was told to do by my by solicator and now im waiting to see what they are going to do. its hard but dont let them get to you.

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"they said theyd make further enquiries, which took 7 agonizing months, and now im invited back for a 2nd interview, and so is my hubby (seperately) i cant beleive this is happening.. in a way i understand why they suspected us, my own little fairyland caused this, which is fairplay, but we didnt do anything wrong. seriously. "

 

Damage Limitation: Do not attend the second interview without a solicitor.

There is no reason you cannot say no comment to every question.

Much easier when somebody is with you.

As a general rule when there is no case they rely on you to create it for them.

None of this is fun is it, my case was dismissed in court and the dwp have me going back to the local magistrate. Computers do not forget and this can go on for years.

 

What is the accusation against you by the way?

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Hi Kaytie

 

I've been through the same as you, in my case a family member wrote a letter to the benifit people that i was doing fraud. All was untrue and was cleared, but the experiance wasn't nice.

But as already said, take a solicitor to the next interview.

If you cant get one get in contact with Mind and one of there people will come along with you to the interview.

 

Gaz

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I just also wanna add that with the first interview which they twisted, they cannot use it as due to your mental illness you are classed under PACE as a vulnerable adult and have to have an appropriate adult present. Otherwise any conflicting statements used would be inadmissable in court. Go to the interview with a solicitor but with a pre prepared statement.

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Hi - I am waiting to attend an interview under caution with my local council as I am accused of benefit fraud. Tho mine is due to a mix-up over my earnings (well as far as I know, they won't discuss things over the phone) I too am terrified and can't eat or sleep for thinking about it. Keep bursting into tears too. You have been through far more than me so I can only imagine what you are going through. Look for support wherever you can, there are plenty of people about - CAB, doctor, here on this forum-that you can get some support from. Good luck to you xx

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I do know exactly what you are going through with regards to the loss of a brother and a rape, sweetie there is a light at the end of this dark tunnel believe me when I say this, You wont feel like that at the moment but it does come to an end and you will be able to live a normal a life as possible. The memories will never change but the pain that comes with them will fade and believe you me you will become a stronger person for it, dont get me wrong you will still have bad days but they will get less and less as time goes on, tis true what they say time is a great healer old cliche I know but still very true. Please dont dwell on your past as it will eat you up and will stop you living for today. You will never be able to change your past but you can change your future for the better and thats by leaving the past in the past, not forgetting or even forgiving but just accepting and start to move on. Its ok to be sad and feel down, if we didnt know what sad felt like then how would we know how to feel happy. :)

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RIPOFFASYOUVIEW - hey, i thought i was the only person in the world that was going through this. if you wouldnt mind, could you let me know what the outcome of your situation is..

thankyou every1 for your comments, believe me they are much appreciated. i want this over with, i dont think i could keep goin thru this, i want a break from grief, just wana enjoy bein a mummy and a wife... just cant get rid of the butterflies.. neva done anything wrong in my life.. even now, i work full tym have done since my youngest was 4 months old - im one of the good guys who have been labelled with a bad name... happens to way too many people, and its not fair. hope every1 is ok, and thanks again xx

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RIPOFFASYOUVIEW - hey, i thought i was the only person in the world that was going through this. if you wouldnt mind, could you let me know what the outcome of your situation is..

thankyou every1 for your comments, believe me they are much appreciated. i want this over with, i dont think i could keep goin thru this, i want a break from grief, just wana enjoy bein a mummy and a wife... just cant get rid of the butterflies.. neva done anything wrong in my life.. even now, i work full tym have done since my youngest was 4 months old - im one of the good guys who have been labelled with a bad name... happens to way too many people, and its not fair. hope every1 is ok, and thanks again xx

 

Its still on going, coming up to one year now, even though no decision has been made i got letters from housing benefit demanding money, overpayments of benefit demanding money which i am appealing naturally.I love the fact that even though know LEGAL decision has been made they think they can demand money back i was entitled too.

Its a marathon not a sprint im afraid Kaytie Leigh but dont give in, they tell you things like" you know how this looks blah blah blah". granted it did look on first glance bad but people have different situations and not everthing is black and white.

Above everthing keep your chin up and try not to think about it too much.

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thankyou hun, but its easier said than done, the investigator called me today to arrange a second interview for me and my hubby, and he asked me how i am... i couldnt believe it, theyr ruining my life... i feel like im dying inside, and theres not a minute goes by where i dnt think about it, i hve black butterflies in my tummy all day long, i think theyr gnna find me guilty, and im gonna be punished for something i havent done... if i was them i wud prob think i was guilty, but really im not. its killin me - seriously.

how r u coping ? x

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Hi I know how you feel i was shaking and crying all the time and nearly fainted too, when i went to my second interview it was hard because i wanted to answer but i bit my tounge and just said no comment to everything, it was over faster when they realised i wasnt going to say anything but they did try to get me to. i still think about it all the time and just want it over with. I will be thinking of you! stay strong easier said than done i know but it will be ok they cant shoot anyone can they.You have done nothing wrong and it WILL be proved in the end .They always try to get to you to make you break and treat you like dirt, dont let rude arrogant people like that win against the good decent people of this world.I know its so hard to deal with everyday,they dont care one bit, do you think when they finish work at 5pm they are still thinking about your case?? i dont think so life goes on for them.

Try to take your mind of it for a few minutes at a time at first just to try and break the cycle of worry.

Remember its THEY that have to prove beyond a reasonable doubt that you DELIBERATELY commited benefit fraud.

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Remember its THEY that have to prove beyond a reasonable doubt that you DELIBERATELY commited benefit fraud.

Which they do with the signature on the benefit forms as a starting point.

Still not seen what accusation of benefit fraud.

Housing benefit? Income Support?

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kouros ist housing benefit, income support and council tax that i was claiming.

 

thanku hun, i seriously just want this to be over, i dont want to be taken away from my babies and thats all i think is gonna happen. this is affecting my job, my parenting, everything, i feel like ending it all.. i wudnt tho, i have my babies to think of, but thats what theyr doing to me, making me wanna end my life. iv fought all my life, and gon thru so much, and i cant fight any more its killin me bit by bit

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To be honest its one of those difficult situations where there is no right answer or magic wand to be waived to resolve the situation.

 

I would say I agree with everyone else here when I say that you should get legal advice and go to the interview with a solicitor and hope for the best. It may be worth looking into the recent action by the child poverty group that successfully challenged certain types of benefit overpayments. They may not be able to help and whether or not it applies to you is another matter, but who knows.

 

I'm sorry I can't be any more help as I have more experience in general benefit knowledge rather then fraud matters. I will go to work tomo and see if there is anything else I can provide to help you.

 

Mental health is a tricky subject to deal with, so try to stay positive ok ;)

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thankyou KPRhero. i am taking a solicitor with me, but im just terrified. i know in the 1st interview that i stumbled and got confused, but they wouldnt understand that that was because i was alone in a room with 2 men who were clearly against me, scared. thanx for getting back to me

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