Benefit Fraud Accusation - Had enough!

[Flambe]

I have been interviewed under caution twice & accused of working/earning money. The accusation was made by a person I have had to take to court for money they owed me from part time employment which paid £20 per week, which I was allowed to earn, this person at the time was a friend & agreed to save the money up for a special occasion. I then set up my own business after a falling out with them, they took offence at me setting up a business the same as theirs so refused to pay me what they owed. I won at court after them lying & me proving they lied. However due to me taking them to court they have been to DWP & lied about the amount I earned. This has been going on for nearly a year now, I don't think I can take much more, my health is suffering required operations etc, depression is very bad. I have asked them to get things which will prove it is lies (receipt books etc), but nothing I have said is taken into account, they still haven't got any of this I have asked for which can prove the lies. This ex-friend has also said I have never told them I had a disability, which again is lies. I have witnesses they were fully aware & have taken me to & from hospital for treatment/operations. So now they have requested I pay back Income Support for a period of around 8 months.. I am appealing that at present with welfare rights. I have had my DLA cancelled for a period of approx 18 months which I had been paid, again request for the money back, today I have received council tax overpayment letters. I have been off benefit since setting up my own business. I do some work for somebody else as I'm self employed, they have been approached now for a written statement.. why I have no idea, as I am not claiming anything.. all I can think is because I am fighting them they are not happy. I have done nothing but cry for months. I can't believe they are believing the lies of somebody I have taken to court. There is no evidence just his statement, because there is no evidence.. there is however things to show it's lies, but I am unable to produce this, they won't entertain or look at the court papers & proof of the lies there. I have written letters requesting they gain other proof (receipt books), mentioned it at both interviews, still they won't get it. How can they say I don't have a disability when I have been being treated for it since 2005, have undergone neurosurgery more than once. They have based their decision to claim DLA back & not renew based on the investigation & the lies told them. I came out the 2nd interview under caution & was unable to drive for 2 hours as I was hysterical in the middle of a busy town centre, 2 days later I was admitted to hospital as my illness is made worse by stress, I then underwent 3 neuro operations within 6 weeks. I cannot cope with this any more, I cannot prove my innocence if I am not given the chance to do so. A person who I do some work for now is aware of what is going on as he has received letters from 'fraud investigation' & a phone call stating they want a statement from him & they may be taking me to court.. how dare they say this to someone I do work for when I have done nothing wrong! I did phone them after that call & ranted at them for 30 mins & told them when this was over I would take them to court for slander etc & to take me to court as at least I can put my side across & produce my witnesses & hopefully ask a judge to get receipt books etc. How can they treat people like this & not let them prove their innocence, put them through nearly a year of utter hell to the point of suicide?

[honeybee13]

Hi Flambe. I'm so sorry you're going through this. Hopefully someone will be along soon to help you. If you don't hear and are starting to worry, Friday morning say, answer your own post and type in 'Bump'. That means Bring up my Post and will put you back at the top of the board and let people know you still need information.

 

I don't know enough to suggest what you should do, but it sounds extremely unfair. From posts I've read on the Employment forum on CAG, I think your 'friend' may not have filled in all the paperwork he should have done, like payslips for one. Good luck with this, I'm sure people will help.

[Aviva]

You need to seek legal advice on this matter. The people on this forum can give you advice but you really need a legal expert to sit down with you and go through everything that has gone on and what evidence you have.

[MIKEY DABODEE]

Hi Flambe

are you saying that you were earning just £20.00 per week to keep YOU under the disregard for I.S purposes and the friend who was employing you was supposed to save up the money you were really earning and not being paid and give it to you at a later date.

 

Then this friend or employer

didnt give it to you so you took them to court, and they inturn informed the DWP about your agreement.

 

and then fraud investigated the accusation

doesnt sound like a friend to me

Edited February 21, 2010 by MIKEY DABODEE

[RaeUK]

I read it that he was only earning £20 and that £20 was supposidly being kept for safe keeping by the 'friend'...

Best wishes.

Rae.

Edited February 21, 2010 by RaeUK
change of info...

[Surfer01]

Did the friend declare that they were paying you the £20 as either way I am sure that they would need to declare this to Custom and Taxes etc?

[diamondgirl]

If they have nothing on their books about you being paid the £20 then they should be being investigated because if they did this with you whatelse are they trying to hide.

I think you do need to get proper legal advise on this. Most solicitors will give you half an hour free time to see what your position is.

It just shows that you can't always trust friends.

I know someone who was on benefits and classed as disabled. His wife worked a few hours a week in the pub - not paid very much and this was always declared. However someone didn't like this so they were watched for weeks.

One day he had a call to say that his benefits had been stopped as he was seen tending to his bike. He had been told to keep active and that there was nothing wrong with him tinkering with this bike (this was information given to him at the hospital.) Anyway during one of the interviews they showed him pictures of him slightly bend over his bike - in there view there was nothing wrong with him and could get a job. He had worked all his life and had an accident which meant there were days when he could hardly lift a cup of tea. Anyway to cut a long story short it took quite a long time but in the end he won. He now has his benefits back and his disability allowance as well.

So try to look on the bright side I know its hard but it does help.

I'm sure you will get more help as the days go on.

DG

[MIKEY DABODEE]

I am struggling with this as if you were only earning £20 then there should be no problem. You are allowed to earn twenty pounds and this does not effect your claim. I know you should have declared it but its not the end of the world

 

If your freind didnt pay you the twenty pounds then he owes you money.

If he is saying you earned or worked more hours and hasnt paid you then he is shooting himself in the foot, as he owes you even more money.

 

The only problem I can see if you started your self employment on benefits and didnt declare that.

IB would have needed to know about this to class it as permitted work.

Please see Welfare rights or similar

Again this person doesnt sound like a friend to me,

Hope you get it sorted soon

[Aviva]

The OP posted that the ex-friend lied about the amount the OP was earning to the DWP and also said that the OP never told them that they were disabled.

 

I am reading this as the ex-friend has said that the OP was earning a larger amount than they were and has also made out that the OP is not really disabled.