Called for an interview under caution and I'm worried.... Please help

[SMC1989]

Any tips for appealing successfully?

[SMC1989]

I have prepared my appeal to DWP and will send today.

 

The backbone of there case is flawed.

 

They state there is no evidence to suggest the OH lived elsewhere. We have provided proof of his payment of rent. Proof of him being regd to vote. Proof of bills and finances at his address and new contracts for loans and breakdown cover at new address. The investigator was given this information 8 months ago but the decision maker now states that even though rent and bills are paid it is not proof of someone physically residing somewhere.

 

They have stated his car was present on a drive by. It wasn't as he was working 14 miles away at the time and his shift didn't even end until 6 minutes after the time of drive by. Had I known sooner CCTV could have been provided.

 

The only issue was he forgot to change the address on his car insurance. This was a genuine mistake and my solicitor has argued that anyone is capable of making an administrative error when under emotional stress (such as the breakdown of a relationship).

 

I truly believe their case is woefully weak and i believe the 1st point has been thoroughly evidenced as being ridiculous.

 

The 2nd point is a blatant lie.

 

The 3rd point was a genuine mistake.

 

My main worry is will they attempt to prosecute?

The decision makers report does have a section titled

LAW but does not state anything about SSA 1992 or

the fraud act 2006.

 

My secondary worry is about how successful an appeal will realistically be?

- why would they reverse the decision when its in their

interests to claw back money.

 

I'm very pi***d off as they have offered no proof or evidence of him living with me (because he didn't) but they still feel they decide that I am in the wrong.

 

Are there any tips on forming a successful appeal?

 

If my appeals fail and I'm forced to pay (which will be ridiculously unfair is there any guideline on how much per month. I myself do NOT earn an income, nor am I on any benefits. Any repayment will cause hardship as we rarely have spare cash at the end of the month and am already repaying 2 historic overpayments:

- social fund overpayment - £20 per month

- hmrc overpayment - £20 per month

Both of these cases were admitted by DWP and HMRC as clerical errors on their part and through no fault of my own.

 

Thanks

Edited July 6, 2012 by SMC1989

[SMC1989]

On another note is my appeal seriously harmed if I elect to have it heard without my presence based on the papers?

 

Could my OH attend in my absence?

 

Obviously he was part of the alleged issue. However he has never been interviewed or treated as a suspect. I also know that he would give them hell

[SMC1989]

Are there any responses? I'd be very grateful

[Nystagmite]

On another note is my appeal seriously harmed if I elect to have it heard without my presence based on the papers?

 

In general, you do stand a better chance of winning. Going to the appeal enables you to put your point across.

[sallypotter]

I understand your nightmare all too well and am interested in how things pan out for you.

 

At present i have been asked to provide EVIDENCE i lived in a property.

 

I scannned over some utility bills.

 

When i received anther incorrect bill as i always do, i rang the person and as an aside asked what he considered was evidence.

 

He refused to answer me.

[SMC1989]

This is the annoying thing. At best they are unclear and at worst I believe deliberately misleading.

 

I'm beginning to think I'm fighting a losing battle

[sallypotter]

Agree with you totally.

 

I'm determined not to pay a penny for what they want, as they are wrong.

 

I am prepared to go to prison for this as i am not one to admit guilt or agree to something that is not true.

 

It goes against who i am.

 

What gets me is the never ending of it all.

 

I have now complained to my new MP.

 

I also think it is reasonable for me to ask what is evidence?

 

But not to be given an answer is ridiculous.

 

Keep updating.

[SMC1989]

I totally agree. Good luck

[MIKEY DABODEE]

On another note is my appeal seriously harmed if I elect to have it heard without my presence based on the papers?

 

Could my OH attend in my absence?

 

Obviously he was part of the alleged issue. However he has never been interviewed or treated as a suspect. I also know that he would give them hell

 

I would not call him your other half.

He isnt the DEPT says he is, you are saying he's not

and I would not let him go on your behalf.

 

I know he is part of the alleged issue but because its you who was claiming the benefit then its you that would be subject of the investigation.

 

People do win appeals quite frequently,

I agree go in person you have nothing to hide, you are appealing their decision,

that says you believe you are not guilty.

Gather as much as you can together, any info that proves he had his own address etc etc

and get your case ready.

and see what happens

[Slatted]

people still to this day seem to think that its ok for your ex to sleep at your house? wrong.!! if you both are on benefits claiming from different addresses then you are breaking the law and obviously its the same if your on benefits and the other person is working.

The person claiming benefits for the house is claiming housing and council tax benefits and if anyone else moves in then you are suppose to inform the social and the council has the lodger as to pay rent and council tax also.

you want to tell your friend not to be saying anything about who lives there.?

 

The council have forced me to share with my ex-husband because it is a two bedroom flat and they say we can ignore each other! ....it has taken nearly a year for them to agree to help him move to sheltered accommodation as he is disabled.

 

 

Seems they can make up rules to achieve what they want at any time....

[sallypotter]

Mike,

 

What is EVIDENCE that you lived in a property?

 

I have asked my previous LA and they have refused to give me an answer?

 

Utility bills have been provided, on electoral role etc.

 

Surely, the onus should not be on me to prove but them to disprove and not make decisions like the previous poster has said.

 

"Seems they can make up rules to achieve what they want at any time....."

[SMC1989]

Hi all,

Yeah I think I will go to the appeal. My nerves are bad through this but yes I have nothing to hide.

 

I call him the OH now as we are back together and claiming nothing in terms of benefit. DWP are aware now as I've been totally transparent with them.

 

My appeal is roughly 40 pages long including evidence.

 

It just annoys me as in the decision makers report it comes across as:

 

"yes there is a lot of evidence of him living and paying bills elsewhere. But despite this we believe ...... Anyway"

 

They also seem to think paying for a property elsewhere isn't proof. Who on earth pays over £3500 to live elsewhere and doesn't bother. What financial gain do they think I've got? It is nonsensical

[Nystagmite]

"yes there is a lot of evidence of him living and paying bills elsewhere. But despite this we believe ...... Anyway"

 

I don't get that. One of the criteria if based on paying bills elsewhere / not being linked financially.

[SMC1989]

Yeah, that really appears to be the basis of their case. That's what's most frustrating about this. I've lodged further evidence to prove they are wrong now.

[sallypotter]

So it seems they make their decisions and if you appeal, it is up to the appeal people.

 

That's nice of them (sarcasm).

 

They obviously are trying it on and hoping for the best.

 

You definetely must go in person.

 

Strikes me you have a very good case, but i'm just an intelligent woman and obviously with that statement don't work for LA. Lol

 

Good luck.

[SMC1989]

Lol, thank you. It's just taken so long. I've written a scathing letter to Iain Duncan smith MP aswell. My next will be Lord Freud.

 

I know that will make no difference but there has bee

So much dishonesty and misleading statements in the DWP investigation you would not believe.

[SMC1989]

Absolutely. Still heard nothing from the LA.

I assume if I win my appeal against DWP it will apply to the LA too.

 

Who knows? What a ridiculously disorganised system

[sallypotter]

Yep, you're correct, who knows.

 

Logic would say so but they do not seem to have any logic.

[SMC1989]

Very true. From what I'm led to believe if this appeal fails its pretty impossible to take it to higher appeal. Apparently they advise if it can..... Joke

[Nystagmite]

I think you can take it to upper tier tribunal. But only on a point of law; not because you don't like the outcome.

[SMC1989]

What would be example points of law?

[Nystagmite]

It's to do with not applying the law properly. So, if the criteria is whatever and you meet that criteria and can prove it, that's point of law.

[SMC1989]

Cool, thank you

[jacob18]

Take the evidence you have , if you cannot take a solicitor , and do not answer any questions , you do not have to , infact you can walk out at any time ! If you know you are in the right , then let them take you court ! You can say no comment to all questions , yes this sounds antagonstic , but they are slippery !