DWP Interview Under Caution

[Stan Lee]

Then when the annual forms that I should have declared I didnt because I was told I did not have to. I suppose that is the proof

 

I'm sorry if you mentioned this already, but when you say you have 'proof', what evidence do you have of this? Did you get any call transcripts with the freedom of information request?

[sunny jim]

The Judge at the appeal has a different burdon of proof to that at any criminal prosecution. The Appeal Judge looks at the "Balance of Probabilities " as opposed to "Beyond reasonable doubt"

[sunny jim]

As to whether or not you could face custody; check out page 25 of the following guide http://sentencingcouncil.judiciary.gov.uk/docs/web_sentencing_for_fraud_statutory_offences.pdf

hope the link works as the forum has tried to stop me posting it

[sinkinghelp]

Hello Stan Lee

 

At my inerview under caution December 2011 they kept showing me documents where I should have declared the pension whether I had been told to or not and kept on and on and on and on

 

I denied that I deliberatly failed to complete the form and declare the pension and kept repeating that I was told by a telephone DWP interview employee that as it was an old ill health pension from the 1980's it would be disregarded

 

That plus about 300 of photocopied DWP forms were in the pack that went to the Appeal Court

 

The Subject Access Data request documents that were sent to me upon my request is about 18 inches high and is still on the floor as I do not understand the codes and other stuff

 

The council are still prosecuting

 

The LGO has wrote and said that the letters and the way I have been treated by the council is in line with the recovery of council tax so that looks like its going pear shaped now as well

 

I just hope the council veiled threat of my tennancy being under review because of my alleged fraud upon them remains just a threat

 

I am not in arrears with rent or council tax for 2012

 

regards

 

Nick

[Stan Lee]

Look, Nick, this is where a trip to Welfare Rights might well be handy.

 

I would try and get through that pile to see if there is any evidence of you being told not to declare your pension, transcription of phone logs etc. There may well not be, but even if there is a small chance that there is a ''smoking gun' within that pile of paper, it's worth it: the case against you would fall apart.

[sinkinghelp]

Hello Stan Lee

 

Good advice and when the statment of reason comes from the Tribunal I will jjust go and make a pain of myself until I get to see someone. CAB round here seem either out of their depth or unwilling and the welfare rights place has cut its hours to two days a week

 

But I will definetly be going

 

thanks again to everyone for posting

 

 

kind regards

 

sinkinghelp

[sinkinghelp]

Hello all

 

Had a letter from LGO ( Local Gov Ombudsman ) for my thoughts upon the letters to and from the Council. The ones which really cause me concern

 

So looks like that is going to come to a conclusion soon as well

 

 

kind regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

I have written to the DWP and made them aware that I have written and requested a Statement of Reason from the Courts and Tribunal Service

 

So back to waiting again

 

 

regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

Have heard from the Local Government Ombudsman today and they state that the Council have been robust in their approach whilst unpleasant they have not breached any guidline

 

Where the Council have made an error that have appologised

 

So - thats it then

 

I am still waiting for a staement of reason from the DWP Appeal Tribunal judge

 

The Council are supposed to have submitted my Appeal to them forward to the Courts Tribunal Service but I have heard nothing. I think they are awaitingthe result of the Ombudsman

 

regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

Well its bad news Friday

 

Council sent me a copy of the file they have now sent to the Courts and Tribunal Service

 

Ombudsman is now satisfied that the aggresive and bullying tactics of the council and not replying to my letters for 5 months by the Council is acceptable so that is lost

 

So next step is that I intend to go back to the C A B and say what help can I get as on my own I have simply run out of ideas

 

I fully expect Crown Court due to the size of the DWP claim

 

regards

 

sinkinghelp

[sadone]

I'm so sorry to hear this. Did you ever write to your local MP?

[sinkinghelp]

Hello and thanks for the reply

 

Yes I did write and the MP jollied them along with responding to my Appeal but as to any other help the DWP and Council said they intend to follow a criminal prosecution route so that was the end of that

 

Does anyone know on how long they have to lay the information ( time limit ) on putting the case to a magistrate or by me appealing does that simply increase the time they have

 

I know the police have a 6 month and 12 month time limit on some things

 

I also know locally that the DWP and Council send full details to the local paper in order to cause as much upset as possible

 

regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

Had a strange letter from the local council. It was a survey form to ensure the Council had the most up todate information regarding its tennants.

 

So you think OK - well the document warns right at the beginning

 

FAILURE TO RETURN THIS INFORMATION BEFORE THE DATE SPECIFIED IS A BREACH OF YOUR TENANCY AGREEMENT

 

My neighbor have not got one ?

 

Very intimidating and I think highly disgracefull abuse of power

 

I have wrote the Local Ombudsman who has not yet closed their investigation into the council

 

2012 - a joke this behaviour is more like 1812 !!!!!!!

 

 

regards

 

 

sinkinghelp

[sinkinghelp]

Hello

 

Reference the letter / survey questionaire from the council

 

They have finanly admitted they should have not sent it in the context they had and appologised for any inconvience caused

 

So that makes it all ok does it - I dont think so the worry caused outways a simple appology

 

But am I going to get anywhere with it - NO

 

regards

 

sinkinghelp

[sinkinghelp]

Had a letter from the Courts and Tribunal Service asking me if I want to continue with my Appeal involving the council so I need to try and get help with that. CAB was not that interested last time and pointed towards a solicitor I cant afford

 

Welfare Rights is totally swamped with other people and their needs already

 

Still waiting for the response to my request for a statement of reasons regarding the DWP Appeal

 

 

 

regards

 

sinkinghelp

[sinkinghelp]

Hello all

 

Quite a day today

 

Local Goverment Ombudsman can find no fault with Council and its procedures !!!!!!!!!!!!!!!!!!!!!!!!!!

 

Visited a Welfare Rights who said that they are unable to use any resources to help with my Appeal to the Tribunal as its my fault for not completing the form accuretly and that the offence is complete

 

So I have to have another go myself at submitting an Appeal against the Council decision

 

It just gets worse again

 

I was also told today that only 14 out of every 100 claims for DLA are being put onto the new benefit and 86 are having to Appeal

 

What on earth is happening to this country - its battles all the time with everyone

 

 

regards

 

 

sinkinghelp

[sinkinghelp]

Hello All

 

I have just read through this Ombudsman letter again. Its a huge report but it does seem biased well towards in favour of the Council

 

Five months the Council ignored me and deliberatly put me into arrears but the Ombudsman says this acceptable

 

I have to leave this alone as its really churning my head into more mush than it already was

 

regards

 

sinkinghelp

[sadone]

It does indeed sound vary unfair. Did you bother to contact your local MP over this?

[sinkinghelp]

Hello thanks for the reply

 

I did indeed seee my MP

 

Because I mentioned I had the involvement of the Ombudsman and made Appeals to the DWP and Council the MP felt there was not a lot they could do

 

If I thought in the future that I have an idea then please get back in touch

 

It would be a good basis for a nightmare film !

 

regards

 

 

sinkinghelp

[brownletterdiet]

hi,

 

I don't mean to be unhelpful as i am undergoing the same as you. I do feel however that this thread has become a private party. Its become so convoluted that without reading through 300 remarks its difficult to follow.

 

Most people give up, and if you try to catch up on page 11 or so, its impossible, as its all inhouse pre written comments..

 

Fully support you, but I wonder what help this is to the wider public with the same problems.

 

 

 

 

 

 

 

QUOTE=sinkinghelp;4026942]Hello thanks for the reply

 

I did indeed seee my MP

 

Because I mentioned I had the involvement of the Ombudsman and made Appeals to the DWP and Council the MP felt there was not a lot they could do

 

If I thought in the future that I have an idea then please get back in touch

 

It would be a good basis for a nightmare film !

 

regards

 

 

sinkinghelp

[jadeybags]

hi,

 

I don't mean to be unhelpful as i am undergoing the same as you. I do feel however that this thread has become a private party. Its become so convoluted that without reading through 300 remarks its difficult to follow.

 

Most people give up, and if you try to catch up on page 11 or so, its impossible, as its all inhouse pre written comments..

 

Fully support you, but I wonder what help this is to the wider public with the same problems.

 

 

 

 

 

 

 

QUOTE=sinkinghelp;4026942]Hello thanks for the reply

 

I did indeed seee my MP

 

Because I mentioned I had the involvement of the Ombudsman and made Appeals to the DWP and Council the MP felt there was not a lot they could do

 

If I thought in the future that I have an idea then please get back in touch

 

It would be a good basis for a nightmare film !

 

regards

 

 

sinkinghelp

 

 

Don't read it then No one knows what helps other people, 99% of people never post on here, just read, don't assume it wont help others because you can't be bothered, plenty will want to read through the whole thing.

[Stan Lee]

I don't mean to be unhelpful as i am undergoing the same as you. I do feel however that this thread has become a private party. Its become so convoluted that without reading through 300 remarks its difficult to follow.

 

Most people give up, and if you try to catch up on page 11 or so, its impossible, as its all inhouse pre written comments..

 

Fully support you, but I wonder what help this is to the wider public with the same problems.

 

I'm sorry, but this is unhelpful. There is a simple solution to this: don't read this thread; go and read others.

 

Nick isn't here to offer advice, and may well have received all of the pertinent advice available, but if he wants to use this thread as a form of catharsis, then I think that he's perfectly entitled to do so. It isn't like he is trolling other threads.

 

One of the things that is apparent from threads surrounding IUCs, DLA and the like is how little support is out there for people, innocent or guilty. If people like the OP want to keep posting to keep us updated then fine -- it may well be the only support option they have. Often, people post their stories and never report back to say how things are progressing; far better for them to keep us updated than vanishing into the ether.

 

In short, I think there is room for all sorts on this message board. If you don't like it, don't read it.

[Nystagmite]

Nick isn't here to offer advice, and may well have received all of the pertinent advice available, but if he wants to use this thread as a form of catharsis, then I think that he's perfectly entitled to do so. It isn't like he is trolling other threads.

 

It's less confusing to have the one thread than it is for Nick to start more threads on this subject.

[antone]

hi,

 

I don't mean to be unhelpful as i am undergoing the same as you. I do feel however that this thread has become a private party. Its become so convoluted that without reading through 300 remarks its difficult to follow.

 

Most people give up, and if you try to catch up on page 11 or so, its impossible, as its all inhouse pre written comments..

 

Fully support you, but I wonder what help this is to the wider public with the same problems.

 

 

This thread continues because it breaks no rules, and we have no reason to think it's not helping.

 

If you find it unhelpful, you are more than welcome to start a new thread to discuss your own issue in more detail - I'm sure they guys will do what they can to help.

[sinkinghelp]

Hello

 

Oh dear - I post as it does help me because as posts recently show there is so little direct help. I would be so gratefull if I could work with someone who months ago was capable of saying " right we need to do this and this "

But the whole situation is not like that

Day by day you wait to see what is happening and have to respond as another problem comes along

Local Gov Ombudsman typical if you read how much in bed with the councils they are. Quite clear abuse of due process and other errors explained away as nothing by the LGO but the impact on me and my family is horrendeous

Had the LGO been less biased towards the council the evidence would have helped me tremendously in showing to the court the errors that public bodies make

The DWP admit at first I did have serious health and mental health issues but the original document produced from the telephone interview is high in errors by DWP call taker but no recording is avialble

 

I am sorry if its long and boring to some but its been a journey and some snippets of help have been very - very usefull

 

I have no doubt I will be going to court and I wil be pleading not guilty

 

I have not come this far to surrender

 

So I will keep posting and will report how things progress or otherwise

 

regards

 

sinking help