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Interview Under Caution!! PLEASE HELP!!


davelee1097
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Hi,

 

My Partner attended the interview today and it didn't go well at all!

 

I'll give you all a bit of background info for starters;

 

In November 2008 I lost my Job and we had to resort to claiming JSA as a joint claim.

January 2009 my partner found out she was pregnant, at the time we were going through a bad time in our relationship.

March 2009 I moved back to my mums and started working, therefore, my partner had to claim as a single person.

May 2009 I moved back to the area staying with friends the odd night and my Mum because the commute was too far everyday.

Setember 2009 My daughter was born and I was staying over a lot more and visiting.

October 2009 I lost my Job but we got back together, I didn't move back in however.

February 2010 I started working for the local Government and moved back in with my partner. Then, the letter came inviting my partner to the interview.

 

During the whole period though we were off and back on again, I am "terrible" with money, I am up to my eye's in debt and keep trying to obtain credit. Because of still being on the electoral register I had applied for credit over the whole period at that address. Which ofcourse they had evidence of, They had all sorts, Facebook profile, Credit applications, Dates etc Not to mention to current accounts "I" had applied for 1 in my name and one in my partners name after the time I had moved out.

Overall they had a lot of very incriminating evidence against us.

What do you think the outcome will be??

 

I forgot to mention, When I lost my job in October 09 I didn't apply for any benefits, I lived off my mum. If I was living with my partner then we would have been better off if I had claimed benefits, so why would they think I was living there?

 

any help would be greatly appreciated!!

 

Thank you so much!

Edited by davelee1097
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Anyone have any advice? We're at our whitts end with this.

 

 

Davelee

Some one will be along with advice try not to panic.

(i know it's easy)

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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Davelee

Some one will be along with advice try not to panic.

(i know it's easy)

 

 

The unknowing of the outcome is the worst, Would you say this is a serious case? I worked it out to be circa £7500

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If the Decision Maker decides on the balance of probability that you and your partner were living together and your calculation of benefit overpaid is correct your partner will almost certainly be prosecuted. You can, of course, appeal against any DWP decision, however this can take months and would not prevent a court case from going ahead.

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Thanks for your replies.

I also have another concern, What will happen to my Job? I work for a Local Authority, Although I haven't commited an offence and it's allegedly my partner that has will I lose my Job?

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Sorry its taking so long for someone to come along and help you Davelee..I'm sure it wont be long before they do, especially as its the weekend now ..there are some very experienced posters on here who will hopefully put your mind at rest and help you. :)

 

Take care

MPP

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Because of all the incriminating evidence against us, Do you think it'll just be better to admit it?

We can't go through all this trying to fight our corner, the odds are really against us. Would they look at it in a different light with a confession?

 

We really do not know what to do for the best.

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What a mess! Back last year I went with a friend for an interview under caution. He like yourself was extremely uptight, couldnt eat or sleep and when he was called in he didnt have any idea as to why!

 

Dont admit to anything for an easy life it will get you know where and just think about loosing the job.

 

The people we saw were direct and to the point and not an unpleasant experience. A lot of the questions were repeated throughout the taped interview but I think that was just to clarify the situation.

 

Tell the truth (everyones life at the moment is in turmoil with the recession and debts are piling for everyone) and if they chose not to believe you thats it I am afraid, sadly you will just have to suffer the consequences but on no account say you are quilty, state your case clearly and to the point.

 

Good luck

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I think it's just a case of weeing-in the wind, No matter how much we plead that we're innocent, Evidence contradicts it. I can't believe how stupid we've been. I've typed a statement of things that they "want to hear", let's just hope they're going to be gentle when I tell them the "TRUTH :evil:" (what they want as a truth anyway).

 

Thank you all for your kind words, Wish us luck.

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To be honest my friends interview under caution was a strange one (March 2009), after the interview under caution and telling the truth he never heard another word regarding the matter. No follow up letter, telephone call or home visit.

 

So now a year later can only assume the matter is sorted.

 

If you tell the truth, there is never a change of story need to lie so just go in with an open mind.

 

Let us know how you get on.

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Living together cases can be quite complicated.

 

Many people still believe the 3 nights rule is true. This is a myth & causes all kinds of problems.

 

One (simplistic) way of looking at it - A long distance lorry driver might be away from home 6 nights a week, however he is still putting money into the household & therefore his wife/partner cannot claim as a single parent.

 

Basically the investigators are trying to prove there is a financial link & interdependency. By the sounds of it they have found plenty of links in your case & therefore the decision maker may not rule in your favour.

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THanks again for all your replies. Ok, worst case scenario. If my partner was to admit benefit fraud, what's the worst possible outcome? Bearing in mind out of the alledged 12 months 6 of them I was unemployed not claiming any benefits, she was however claiming income support hb and ctb as a single person. Jabbajones are you an investigator?

 

Thanks again.

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Bank accounts with A&L in august 2009. Is that incriminating or what!?

I did receive the above. They actually had the credit application forms, they knew every ounce of information on them!

Edited by davelee1097
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When I read your post I looked at it from the non- benefit side.

 

If you have obtained credit by giving false information that is a crime.(think it comes under Theft Act).

 

You might want to research the side of things, and go with the lesser of the two evils.

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Sometimes it's hard to foresee actions we take affecting other things.

 

BTW don't beat yourself up about the past, it can not be changed.

 

Use the energy dealing with the here and now.

 

What is your partner view about all this?

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Hi I was in the same sitution when i attended my icu they had lots of paperwork bank statements birth cert of my son credit reports etc.I was shocked that the dwp could get all this info on me.

 

The DWP have put the facts of the case to you and now its up to you and your wife to decide on whats the best way to deal with it.

 

 

I would not admit to anything you are just making the case against your wife stronger by admiting you have done something wrong.This is only my opinion it is up to you.

 

You can appeal against any decision that your wife has recived a overpayment.You will then get all the information they have regarding your wifes case.You can decide when you have read through all the paperwork if you think you have grounds for appeal.

 

The decision for the overpayment is made on the balance of probability if you have been living together as husband and wife.

 

I do not feel this balance of probability is a fair way to make decision on someone living together.At least if you are taken to court it is a case of inoccent until proven guilty.Also when you go to court it is a case of beyond all reasonable doubt.Not this balance of probability rubbish.

 

I think when a overpayment is over £2000 pounds the dwp will see if it is in the public intrests to take you to court.They wiil contact there own solicitors to see if there is enough evidence to make a case for court.

 

There is lots of things that can be taken in to account like did your wife claim the money because she wanted a new car and a holiday or did she claim because she needed to put food in the childrens mouths and clothes on there back.Was it a case of need or greed.

 

 

Some peope on the forum will tell you it is better to hold your hands up and admit to fraud as soon as possible and it might be better for you.

 

I have said if it was me i would not admit to anything its really up to you and your wife need to decide the best way for you both to deal with it.

The website below has some good information on it if you want to take a look.

 

 

How to handle an interview under caution 4

 

Good Luck With Whatever you decide to do.

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Received another lettter this morning inviting my partner to another iuc!!!!!

 

We have an appointment to see a solicitor at4.30 today so we'll explain the circumstances to them and see what happens. Anyone been on more than one interview??

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I Have Had Three interviews Under Caution.They might have more evidence against your wife i am only guessing this.

 

When they called me back down for another icu it was to confirm that it was my signature on my housing benefit forms.

 

This could be why they want you back down to confirm something like that.

 

The only way you are going to know is to attend the icu.

 

 

Regards

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My case is now closed.The person who was employed to carry out the investigation into me for some reason felt the need to tell lies in there observations regarding when my car was parked at my home address.

 

They said over a period of a week that there was times my car was parked at my home address and times it was not parked at my address.they also lied about where they carried out there observations from in my street.It was not possible to see my home or car from were they claimed.

 

 

The week they claimed my car was at my home was lies because i was on holiday that week and my car was parked at the airport car park which i could prove.They infact told lots of lies which i could prove where lies.

 

I got all the information they held on my case to appeal there decision that i was living with a partner.When i got all the information that was held it was only then i found out about all the lies that had been told.

 

This is one reason i would not recommend anyone to admit to benefit fraud because you do not know if the investigation into your case for fraud has been carried out properly.You will not know all the facts until you appeal and get all the information.

 

I did not have to go to court the case was dropped by the dwp only because i could prove they had done things wrong.

I still had to appeal the overpayment but the appeal panel believed my version off events and that my car was parked at the airport.

 

It is in the best intrests of the person who carried out the investigation into your claim for benefit to get you to admit your guilt because they are on peformance related pay.So the more people they catch the bigger pay packet at the end of the month.

 

It was also intresting that the person who investigated my claim to benefit and carried out the obs on my home and done my icu interview is no longer working for the civil service anymore.

 

When my complaint about the way this person carried out they job they resigned a month later.I have a thread on cag about my problems if you can find it .

 

I know its hard not to worry about the situation your in at the minute i was the same but its not the end of the world and you will get through this.

 

Good Luck

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i dont know why people are trying to frighten you mate... the benefit agency only care about you making a claim together with your partner... the same thing you say has happened to me 2 times.. i was interviewed under caution they had no proof and went away... the second time it was reported my partner lived at my adress... the visiting officer was actually very nice indeed and said the last thing he wanted was to prosecute me and would prefer it if i just went straight and claimed jointly with my partner which i did and no action was taken...dont let people scare you my friend .. they really dont know how it works till they have experienced it themselves... if you feel they have a lot of evidence admit it and claim with your girlfriend and they will let the matter drop...

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