DWP Interview Under Caution

[sallypotter]

You stick to your guns and plead not guilty.

 

I seriously don't believe in pleading guilty.

 

It's not what they know it's what they can prove.

 

They make up scenarios that are just not true.

 

And as for getting a reduced sentence i don't believe that either.

 

Better to be found guilty than to admit guilt.

[sinkinghelp]

Hello sallypotter

 

Thanks for taking the time to read and respond. Its very true what you say. I have no intention of pleading guilty as I am not. If I had to declare I would have. I would hardly tell HMRC the Court and others and not the dwp or council.

As has been said it would have stupid of me to tell such important companies and not others as with all sharing information that goes off

Oh well back to waiting

thanks for the response

 

kind regards

 

sinkinghelp

[sallypotter]

I wish you well.

 

I hate the way these authorities carry on and the control they want over peoples lives.

[sinkinghelp]

thanks again

 

its the way they tell you that you are lying through your teeth and the way the calls are handled does not help because as soon as anything goes astray you have to prove NOT them

 

100,000 errors the dwp admitted last year and that is the ones they admit to

 

Its disgraceful really

 

kind regards

 

 

sinkinghelp

[sallypotter]

I just don't understand why the onus is on the claimant to disprove their allegations.

[sinkinghelp]

Hello sallypotter

 

Its the way the law has been introduced for the benefit of the DWP. The fact if you went into a Police station for an interview under caution you would be supplied with a solicitor. Not with DWP. They make great reference to the police and the way they follow the PACE guidlines like the Police. They kept mentioning police to me and its all designed I am sure for maximum upset. Then the local council ignored all my letters for 5 months until I registered a complaint with Ombudsman and then the council must have cut down a small rain forest the amount of letters I got and still get plus veiled threats all the time

My case has been rolling on since November 2011. I was interviewed under caution 22nd of December or was it the 24th I cant remember now.

 

Because I have worked for the past 30 plus years got a small ill health pension I am worse off than if I had never worked

 

Oh well

 

thanks again

 

kind regards

 

sinkinghelp

[sallypotter]

Don't get me started on the police!

 

Another lot of bullies that miss the obvious and make up stories that are ill founded.

 

Glad you mentioned the Ombudsman though.

 

I must remember that because i have had over 3 years' of dealings with an inept Council regarding council tax that to this day has never been resolved!!

 

Next time i get a Council Tax bill from them that is where i shall complain.

 

All the best,

 

Sal

[sinkinghelp]

Hello Sal

 

Thanks again. The Ombudsman has to give the council a set period of time to reply and sort the matter but on the 6th of June that expired and the Ombudsman has now passed my complaint to another department for investigation

 

I did find some of the Ombudsman letter's a bit daunting and could worry some folk but the threat of sending copies of my letters to the head of the council does not worry me in the slightest

 

thanks

 

kind regards

 

sinkinghelp

[sallypotter]

Hi,

 

It wouldn't bother me either.

 

I've had the Head's of various department's on my case, the Mayor's secretary, the lot.

 

The best was the Mayor's secretary who couldn't understand what the others were playing at.

 

They even had a copy of the title deeds to the property but they totally ignored that.

 

I believe they make up the rules depending on who the person is.

 

Jokers really.

 

Sal

[sinkinghelp]

Hello sal

 

thanks for the reply. I know exactly what you mean. Its amazing what they take notice and dont

 

I am waiting for the next round of threatening letters now the Ombudsman is involved

 

kind regards

 

sinkinghelp

[marcander]

Hi there, There are time limits on dwp and council prosecutions. These time limits are based on the European Court of Human Rights ruling that undue delay in prosecution might cause distress unfairly. Our courts must have regard to the ECHR ruling and so the Social Security ACT 1992 s112/s116 says that prosecutions under that act can be brought within 3 months of when the evidence comes to light or within 12 months from the committing of the offence. Bear in mind that in a case of mis-declaration on the original claim form then that is the date of offence but with failure to report a change of circumstances the offence is a continuing offence until the overpayment ceases.

 

Important too, in calculating the amount of overpayment (and this is where 67% of DWP/council overpayment calculations are incorrect, in being too high) that where the dwp is claiming repayment then if that benefit had not been paid at the time then your own capital and income would be reduced accordingly as you would have used your own money instead. This has a diminishing or reducing effect on the overpayment amount.

 

If in your case they had their evidence in December then clearly they are out of time on the 3 month rule but having not read through all of the thread I don't know when you might be considered to have last committed an "offence" under the 12 month rule.

 

It is not impossible for the DWP to attempt prosecution outside of the 3 month/12 month but judges are alive to the ECHR ruling and should uphold it. The judge can rule that DWP evidence is out of time and inadmissible if prosecution is unduly delayed.

 

The DWP/Council officers are not the decision makers on prosecution. The decision is made to prosecute or not, by lawyers. The case must have a better than average chance of successful prosecution. The case must be in the public interest. They must prove beyond reasonable doubt that there was dishonesty (intent). The out of time factor would be a consideration in whether or not to prosecute because a judge would not take kindly to the undue stress caused. Don't forget you are innocent until proven otherwise. The DWP wins most cases because they take on only the more likely successes. The statistics show fewer prosecutions but higher success rate. Don't forget, they too are answerable to the government and the taxpayer. Prosecutions are expensive whether successful or not. So they just go for the most likely winners and the figures impress everyone.

 

I am not an expert but I certainly would not just accept whatever they say. Everyone is entitled to be treated fairly, at least in this country. So bear in mind that in situations like yours we hope that nothing happens but we fear the worst but the truth is normally somewhere in between.

 

So try not to be too downhearted because there are things that can be done when you know what if anything their intentions are.

 

Keep us up to date.

 

regards

 

M.

[sinkinghelp]

Dear Marcander

 

WOW ! what a fantastic response. I have sat and read your reply several times. Thank you very much for taking the time.

Basically the overpayment was discovered in October 2011 and the DWP reduced my Incapacity Benefit accordingly at the beginning of November 2011. I was interviewed under caution in late December 2011.

The council however, after the interview under caution and a full month after DWP re calculated the council suspended all my council tax and housing benefit which put me into huge arrears of both. The council ignored my letters and formal letters of appeal for some 5 months until I wrote to local goverment ombudsman

Then I received a deluge of letters - demands - and the council re worked the benefit and repaid what I was entitled to.

The council are now being formally investigated by ombudsman but how that will turn out I dont know

The DWP have not indicated what is happening but have issued demand notices for payment of the alleged overpayment and I have submitted GL24 appeals against the amounts

 

So in a nutshell that is where we are at. The official Receiver has now asked I keep them updated as well.

 

thanks again

 

sinkinghelp

[sallypotter]

Keep updating on any further developments.

 

I would be interested in how you get.

 

I think my way forward will have to be the Ombudsman as well now that i know.

 

Thanks to you this may be a route i have to take.

 

All the best,

 

Sal

[sinkinghelp]

Hello Sal

 

When you contact the Ombudsman it may seem a little daunting but persevere and especially with the warning they ombudsman give you that they will send what you send to them also to the body you are complaining about.

 

It did not bother me and that has been reflected by the Ombudsman now following up following the required time for the council to respond

 

Get stuck in Sal

 

kind regards

 

sinkinghelp

[marcander]

I would also go on to a site such as "ENTITLEDTO" and fill in all your present details to see what you are entitled to now and fill in your details over recent times to see what you were entitled to as against what you have been paid in benefits to see how that stands.

 

It is not usually correct to stop benefits whilst an investigation is under way as investigations are normally looking at historical circumstances however recent. Adjustments for present entitlement can normally be made quickly while the investigation is ongoing or they are waiting for an overpayment decision.

 

regards

M.

[sinkinghelp]

Hello mercander

 

Thanks again for the reply. I will follow up on that. I also contacted NEIL BATEMAN but he does not do general public enquiries but there are some good letters on DWP matters on his site and sal if your reading there may be some for you ?

 

Council have sent formal warning notice of the arrears outstanding today and told me that £70.00 plus court costs will be added in order for them to get a liability order against the outstanding amount even though the appeal is not resolved

 

Oh well

 

The DWP only stopped benefits back on November 2011 for a few days then paid the re calculated amount. It was council that stopped everything and demanded full rent and council tax for 5 months until Ombudsman wrote to the council

 

thanks again

 

kind regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

Another letter from the DWP again from the debt management centre at Corby

 

They are now demanding a payment from 2006 !

 

I have now submitted 4 seperate GL24 Appeals about the Incapacity and Income Support demand's for money and the whole circumstances none of which have been acknowledged so I must assume they have been ignored as all I seem to keep getting are demanding letters from the DWP Debt Management centre

 

I have again written to them as directed and included copies of all the other Appeal GL24's and advised them if I dont get a response within 14 days I will ask my MP to write and ask them for a response

 

They again point out these demand payments are seperate to any court action which may be taken in my case. I wonder what a judge and jury would make of all this incompetance of the DWP and local council ?

 

Again I have sent by recorded delivery

 

regards

 

sinkinghelp

[sadone]

Oh god I'm so sorry to hear this is dragging on and on and just seems to be getting worse. As I've said before you really have to get your MP on your case about this. This is no way to treat anybody imo.

[sinkinghelp]

Hello sadone

 

I have held off until now. Ignoring 4 seperate GL24 Appeals and to keep re sending various demands for payment has now given me no option but to include my MP

 

Even if he just writes and I get a response then that is something but it may also stoke the fire

 

Involving the Local Government Ombudsman had that effect on the local council !

 

oh well

 

thanks very much for the reply sadone

 

kind regards

 

sinkinghelp

[sallypotter]

Oh god!

 

I've appealed about my council tax and that was back in 2009/2010 and not had an acknowlegement either.

 

I've had the court letters and the add on to pay court costs and all the bs that you have to pay even if you appeal.

 

Their left arm doesn't know what their right arm is doing.

 

Get your MP on board now sod the 14 days.

 

Sal

[sinkinghelp]

Hello Sal

 

I am not going to wait and I will be sending my MP a letter asking for any assistance he can give on this matter

 

Your are right sod the 14 days I was going to wait. I do not understand why the DWP have failed to respond to any of my GL24's what so ever

 

I will let you all know if anything transpires

 

kind regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

I have sat today and written a letter to my MP with basic facts and asking for him to contact the DWP and ask why the DWP have ignored my GL24 submissions and simply keep sending demands for payment

 

I have also made him aware that the Local Goverment Ombudsman is investigating my concerns with the local council

 

kind regards

 

sinkinghelp

[sallypotter]

Good, he will now write to them and you go up in the priority order for them to deal with.

 

They will take a bit of notice now.

 

Probably will give him some cock and bull story though but it may shift things along a bit.

 

Can't see it will do any harm and will let him know they are inept.

 

Sal

[sinkinghelp]

Hello Sal

 

Thanks for the response. Even if like the council it gets their back up so what the next step is court and I will opt for trial by jury

 

I am past caring. In fact I am past everything now. This whole matter has been blown up out of all proportion as I see myself as an easy target I answer letters and telephone calls and answer their questions

 

I did the right thing years ago paid into pension scheme for retirement not expecting ill health at all. Result is plan and you get penalised. Had I no pension I would be on income support - no rent - no council tax as as its a passport benefit access perhaps to legal advice. I could also go to the pub every night and everything else I see the others do on our estate.....but now I am just being bitter

 

thanks again Sal

 

kind regards

 

sinkinghelp

[flumps1976]

From my understanding as I'm not a processing officer is that when form GL24DWP is received it is passed to a DM to consider if there is new information that can be actioned and if it automatically changes the decision or not, if it does then the information is duly processed and updated but if not it is then passed to the DMA admin team to compile the necessary paperwork in preparation to be submitted to the tribunal which can take approx 6 months to be heard there.

 

You are able to request as many reconsiderations as you feel you can submit but it is only supposed to be one appeal that can be actioned so they will have taken even longer following receipt of the 4 gl24dwp forms which they will have needed to amalgamate together as it would all relate to the same paperwork and they would have needed to pull the paperwork back out each time to consider the new paperwork received, so his could have delayed your paperwork each time a gl24dwp was received.