DWP Interview Under Caution

[Stan Lee]

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

 

And so you should.

[sinkinghelp]

Hello all

 

Thanks for the postive comments.........

 

Mistakes I have made are considerable. Dont assume that any official body is better or worse they are only as good as the person delivering the information at the point of contact. Check and check and if you cant do this ask a friend to run through the matter.

 

It is a good idea to try and make notes as you go along.

Insist on names and a contact number

Dont bin any paperwork - I am having to refer to documents some 6 years old and gladly I still had them. They were nearly shredded.

I have been so low that regular bad thoughts were common - still are but find something totally different on to focus and its this focus that will help you keep a lid on this

With the exception of a few these officials are just doing a job. Some good some very very badly and I wonder how they keep their jobs

 

Right no more waffling

 

again sorry if its boring but I have been right round the system CAB welfare rights LGO my MP and I am still awaiting a decision since November 2011

 

there may be bits others may find helpfull

 

dont give up

 

regards

 

sinkinghelp

[Nystagmite]

I really hope this gets sorted for you.

[sinkinghelp]

Hello Nystagmite

 

Many thanks again for your thoughts

 

Just tried to put together the words for the Council Housing Benefit / Council Tax Benefit Apeal it is extremely difficult when it is not your field of expertise !

 

So fingers crossed

 

I have heard from the Court and Tribunal Service that it could be another 30 days before a Statement of Reasons for the Judges decision over the DWP Appeal

 

 

 

regards

 

sinkinghelp

[banealuk]

1. I suggest you obtain a printout of this entire thread and present it as evidence at any Court or Appeals hearing.

 

2. In addition, make a complete written statement of your version of events, and also present this as evidence.

 

Why?

 

Just as any victim of domestic violence, nuisance neighbours, stalking or harrassment is advised to keep a diary or record of incidents, such a record built up over time provides evidence as to the veracity, nature and seriousness of the problem, so this thread is a similar record and should be presented as evidence to support your case.

 

Similarly, your own version of events, whether given in writing or orally, is as valid as evidence from any other witness and should be accepted as such. Indeed the law, certainly case law, such as Social Security Commissioners' Decisions, requires an Appeal Tribunal or Court to consider your statement as evidence.

 

It is then down to the judge or adjudicator as to how much weight should be accorded to this evidence. This will depend not only upon the contents of the record and the statement and their plausibility, but also upon whether you come across as a credible and honest witness. Having read through this complete thread, I feel you should have little difficulty in this regard.

 

You acted (or failed to act) in good faith on official advice and under a misapprehension as to what was required. Ultimately there may or may not be an overpayment of benefit (the precise amount of which must be agreed and, if necessary, appealed), but at least you should not be branded as a criminal fraudster.

 

You will also have good grounds for appealing against any Civil Penalty charge for overpayments by the Council or DWP. These new penalties took effect from 1 October, but the authorities may try to impose them retrospectively..!!

Edited October 31, 2012 by banealuk

[sinkinghelp]

Hello banealuk many thanks for the reply

 

WOW what excellent advice - I will look into how I can get this lot printed off and if anyone has any idea how to do this I will be very gratefull

 

Not had this suggested before

 

 

Many thanks once again

 

 

kind regards

 

Nick

[banealuk]

And this from an earlier post by tabs666:

 

"did you declare these pensions on your claim forms and on any subsequent review forms? There is a specific question and a catch all of "do you have any other income?" As an investigator, if you have answered those questions "no" and I can prove "yes", then you are in trouble. My argument would be, if you thought the pension didn't matter and wouldn't affect your benefit, why didn't you declare it?"

 

If the authorities try to present this argument, my answer would be: Since I was advised that this pension was irrelevant, why would I declare it, particularly since I was in very poor health and, having been involved in bankruptcy proceedings, was under extreme stress, the form-filling was done for me over the phone, and official forms are always difficult to understand (they are to most people).

 

Hope this helps..

 

p.s. You should be able to print this thread on your computer printer (will look somewhat untidy as it will include everything seen on the screen), otherwise you could ask the good folks who run this forum to send you a pdf file of the thread, and you could ask your local public library to print out for you..??

 

p.p.s. I just discovered you can copy the thread only, page by page (Toolbar - page - copy; transfer to Word or similar; then print or convert to pdf file). This will produce a print of many pages, unless you reduce the font size before printing..

 

Note - You will have to send copies of the thread and of your statement to the Appeals and prosecuting authorities prior to any hearing, but the correspondence you will receive should advise you accordingly.

Edited October 31, 2012 by banealuk

[sinkinghelp]

Hi again

 

Right I did declare 2006 on the telephone interview but was clearly tod that as it was a 1980's ill health payment it would be disregarded - so lost my job through ill health - lost my father suddenly who was only ill for a few days before he died then mother in law and then another close relative

 

When the form arrived in 2006 it was full of errors which I hand amended and returned

 

In 2007 I went back to work for a friend but at the end of 2007 I had another heart attack had to claim benefit still not thinking completed another telephone interview I think that claim was in force when I lost everything of value to the bankruptcy court PPI all failed strees level through the roof as you can perhaps imagine

 

Declared to the court both payments have prooof - declared on HC2 application - declared HMRC

 

Nov 2011 DWP benefit stopped then restarted again at different rate then 22nd December 2011 interviewed under caution

 

thats it in a nutshell

 

Council have been far worse agressive - evil and absolute plain evil beyond belief

 

 

regards

 

sinkinghelp

 

PS WOULD ANY SITE ADMIN BE ABLE TO PRODUCE AS A PDF please ?

[Nystagmite]

http://www.consumeractiongroup.co.uk/forum/printthread.php?t=327885&pp=20&page=16

 

That's what comes up if I click on Thread Tools -> Printable version

[sinkinghelp]

Hello Nystagmite

 

I clicked on your link and tried to print. I altered the print setting for 1- 16 pages. But it printed only November 2011 posts but that alone took up 7 pages of A4 - yikes

 

I will have to seek a bit more help in downloading all of it. Do I just submit the whole lot as part of my Appeal or does it need some form of covering statement please ?

 

 

 

kind regards

 

sinkinghelp

[Nystagmite]

I would add a covering statement / letter personally.

[sinkinghelp]

Hello Nystagmite

 

 

Yes indeed its just getting the wording right. As I am sure there are ways to write such things and what not to write

 

I just hope they dont loose the will before they get to the end

 

 

regards

 

sinkinghelp

[banealuk]

I calculate (not that I'm any good at maths) that the whole thread will print out in 110 pages. Plus, you'll neeed copies for the Court and Appeals Tribunal. But it's worth it if it helps to win your case. Go for it..!!

[sinkinghelp]

Hello and thanks for the replies

 

Blimey that is a forest !

 

But if it helps I will get it sorted

 

Just what to put as a covering letter or statement to go with it

 

 

 

regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

Telephoned our local CAB and asked if they or did they know where I could get these 100 plus pages printed off

 

I was asked why so I explained and was told no they could not print off and second they could not understand what evidential or otherwise the printoff from some forum could be of use to a Tribunal adding that the Tribunal would not have the time to read through all the pages

 

So - well - I am a bit stumped just when I saw a glimmer of light

 

regards

 

sinkinghelp

[banealuk]

Your local public library should be able to print it, libraries have computers available for the public these days and mine is always very helpful; cost about 10p a sheet. If you're not familiar with the computer/printing process, just ask, and they will assist. Otherwise, any small office business (printers, estate agents, etc.) with a PC and printer is usually pleased to do such a job (for a price) if they're not too busy. Just be cheeky and ask.

 

Ignore what that CAB said. Courts/Tribunals MUST consider ALL your evidence (what weight they attach to it is a different matter, but if you don't present it you could be disadvantaged). But you could mark relevant posts (your own?) with a highlighter to make it easier for the reader. They may not need to read the whole thread in detail, if they get the gist and intent of it sufficient to make a judgement; they're experienced at reading through pages of evidence. And if they ignore your evidence, you may have grounds for a further appeal.

 

You may not need a covering letter if there's appropriate space on any forms you get from the Court or Appeals people prior to any hearing, but a simple one page will do, containing a list of the documents/statements/printouts you're presenting as evidence, and the reasons for them. For example, your statement of facts is to: help to provide a clear picture and to serve as a balance to your opponents' version. And the print of this CAG thread is to: (a) complete the chronological list of events, and (b) provide further evidence as to the veracity of your testimony (as explained in my post #305).

Edited November 1, 2012 by banealuk

[grahamdavid31]

My interview under caution went well. I was very surprised, when told that I was under caution and I had not done anything wrong. I sent the job centre person involved all my evidence of savings etc via special delivery post. (this they lost.) It cost over six pounds to post. I took all my paperwork with me. The person was nice enough. I was told that someone close by to where I lived had complained that I did my garden or took trips out in my car etc. This is why I was called in. I told him that the garden helped with my depression and that trips out in my car was for shopping and medication for my 90 year old dad and my self. So, a neighbour nearby was just trying to get their own back. I do not know why as no one in my street talks to each other. Not heard anymore since interview

[banealuk]

That's good news!

[sinkinghelp]

Hello grahamdavid31

 

You did well and I am really pleased that it has for the moment worked out ok for you

 

My situation is very different as the DWP and the council took the attitude from the start that I have made a criminal error and will be dealt with as a criminal fraudster. They absolutely refuse to accept that DWP or Council have made any error what so ever

 

Never mind my Human Rights lets and any sense of fairness and balanced investigation

 

Thanks for posting it does make a change

 

regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

UPDATE

 

I have today the 10th of July 2012 received a summons from the Councils Solicitors which alleges 6 x counts of dishonestly obtaining benefit. This is despite an Appeal not being heard yet by the Courts and Tribunal Service

 

Court date is set at 29th November 2012

 

So I need to see if I can get Legal Aid prior to my appearance at Magistrates Court

 

 

regards

 

sinkinghelp

[sinkinghelp]

Hello all

 

Forgot to mention the offence on all 6 counts is ...................

 

did not declare an ill health pension from ******** Contary to Section 111A (1) (a) of the Social Security Administration Act 1992

 

I have also just re read it all again and they have included the alleged DWP offences in their statement of evidence to the Court

 

I suppose it paints a more blacker picture to the court

 

 

regards

 

 

sinkinghelp

[estellyn]

Hello folks

 

UPDATE

 

I have today the 10th of July 2012 received a summons from the Councils Solicitors which alleges 6 x counts of dishonestly obtaining benefit. This is despite an Appeal not being heard yet by the Courts and Tribunal Service

 

Court date is set at 29th November 2012

 

So I need to see if I can get Legal Aid prior to my appearance at Magistrates Court

 

 

regards

 

sinkinghelp

 

Can your solicitor ask for the court date to be postponed until after the appeal outcome?

[sinkinghelp]

Hello

 

Thanks for the reply

 

I will be making the same valid point as you kindly suggested

 

The Council are not happy that I took them to a Local Government Ombudsman

 

The Council are fully aware that my Appeal that they were late submitting has not been heard yet by the Courts and Tribunal Service

 

thanks again

 

regards

 

sinkinghelp

[sinkinghelp]

Hello

 

Are the Council allowed to use the DWP allegation as support for their own prosecution ?

 

I would have thought that they are treated seperatly unless summoned together ?

 

Which the summons says not - only the actual council 5 x allegations

 

I just dont know

 

Any advice would be great ?

 

regards

 

sinkinghelp

[sinkinghelp]

Hello All

 

Reference my questions above add to them it seems at the moment the Council are useing a firm of private solicitors and not the CPS at this stage

 

Is that normal ?

 

It is a real minefield - hope I can get legal aid

 

regards

 

sinkinghelp

Edited November 11, 2012 by sinkinghelp