Interview under caution/ capital

[kate2212]

Hi

 

I am totally panicing as my husband has an interview under caution on thursday. The only information that we have is the letter asking him to attend. Our story is pretty complicated but here it is.

 

We had some buytolet properties and our own property, all with mortgages, however due to redundancy (my job) and rental gaps, found that we were at the point of no return and the bank started reposession of the rental properties. Our own house was also included in this. We were visited by a rep of the bank and he basically told us to move and get a rental property asap, as we had kids, and he knew our sitaution was inevitable.

 

So my husband made a claim for himself me and the kids, as we had no income. There is no equity in any of the properties due to the current market, and our own house either. We moved into a rental property and have been looking for jobs, and awaiting someone making us bankrupt. We have no capital, savings or anything.

 

We are racking our heads about what this is. My husband cannot remember what he put on the form as we have been so stressed over the past year, plus I was having tests to do with my heart due to stress and he was worried. But he was upfront when attending his meeting about us owning propeties. I also received around xmas a small amount from my previous employer, but this was outstanding money due to me, less that £800. There were some small amounts of rent that went into the business account but these were paid direct to debters.

 

Am feeling awful as I don't want my husband to go to court of jail, and my profession is a notifiable one, so I would never get a job again.

 

I am ill with worry, and feel so guilty, but don't know what we have done. I am trying so hard to get a job, I feel like I am going mad.

 

Any help appreciated.

 

Thanks for reading and sorry for waffeling, don't know if it makes sense.

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear about your problems.

 

So we can decide which forum to move your post to, please could you tell us what benefits you claimed?

 

My best, HB

[kate2212]

Income support/ housing benefit we also get DLA for our son, and tax credits

 

Thanks for replying

[honeybee13]

Thank you for that.

 

I'll put your thread in the benefits forum here, although tax credits are usually dealt with in the HMRC subforum

 

I'm sure the guys will try their best to help you.

 

HB

[kate2212]

Really appreciate your help

 

Thanks again

[honeybee13]

You're welcome , I hope you get the help you need.

 

HB

[kate2212]

Had our interview under caution! They ended up cautioning me too! Don't know if that is normal practice?????? The meeting was only for my husband, but as I was there they decided to include me too! I would like to ask if anyone knows if their behaviour is normal. At the end, of a 2 hr meeting, the investigator from the Council gave me his phone number and asked for some more info, I stated that I would email or post it. He said that he would come collect it???? Is he able to visit us at home, is that not strange. As he went on to say that if I phone him he is unable to talk about the investigation. Feel uneasy about this all.

 

 

Have now made an appointment with a criminal lawyer, as am sure they will prosecute! After reading other people's experiences I think it is a foredrawn conclusion. Am totally gutted. Not only have we lost our house/business we are going to be prosecuted. I have had former tennnats inpersonate me and commit fraud gain items from catalogues, extra benefits and money and am still waiting for the police to prosecute them 18 months later, and we have to wait 2 months for a decision and have been told by lawyer over the phone, if they even suspect they will go for it!!!! Devastated is an under statement.

[abc123def]

What was the evidence they produced Kate?

[kate2212]

That they had checked the land registry and spoke to a neighbour at my old house, who told them that we were always at the house! The house is up for sale, locks changed etc. Only went a few times before it was reposessed to collect mail. Didn't even like doing that as it was too emotional.

 

At this point I feel like adding up all the benefits we have been given and pay it back! I don't have any money, but could ask my parents to pay and I would rather owe them than the DWP. I just feel so low. I have never claimed anything before, and when we needed too, have had this happen.

 

The investigator did not understand the reposession process of a house and that I will get no money out of the sale. But on the bright side the lawyer sounds knowledgable.

 

Thanks

[kate2212]

oops and also bank accounts, I was questioned about paying my annual nursing registration payment!

[abc123def]

Does a nursing registration need a clear CRB? Not sure if the CRB showing up a benefit conviction would count or not? Maybe someone else would know. Mind, many don't go to court if you agree to repay, sometimes needing to accept a penalty on top. Sorry, I'm not much help as my knowledge of this is really low but I wish you all the best.

[kate2212]

If I go to court, and get charges against me then I would also have to answer to the NMC, who would probably suspend my registration. therefore not being able to work as a nurse.

 

Thanks for your replies.

[Stan Lee]

If I go to court, and get charges against me then I would also have to answer to the NMC, who would probably suspend my registration. therefore not being able to work as a nurse.

 

Thanks for your replies.

 

Have you spoken to your union rep about this? Also, I'm not an expert in this (at all) but can you provide the investigator with paper work pertaining to your lack of income from the properties, and your potential bankruptcy?

 

Also, if memory serves the rules about late payments are complicated, and it may or may not have affected your claim. If no one here can advise, I would google your local Welfare Rights (or failing that CAB) and discuss your whole situation with them. Welfare Rights tends to be very good with the rules surrounding claims, in my experience, as well as being quite experienced in alleged benefit fraud.

[MIKEY DABODEE]

The properties you own and rent may if they had been declared to Income Support may have been disregarded for a certain period, of at least twenty six weeks.

 

If these properties are in negative equity, rented out and the mortgage covers that rent and you have no Income from them, then they may have been disregarded after a decision by an SDM for at least a period of twenty six weeks. If by any chance eldery relatives rents them off you they may be fully disregarded. It is alll looked into by the DM

 

If the DM had disregarded them then it would haveat again a been reviewed again after the twenty six weeks

So first of all you need to gather all the information on the properties, mortgage details, rental agreements to show this. I know you should have declared them at the off set but this now maybe the only thing you can do now

The officer may be coming around to collect these items.

I agreen you do need some legal advice

 

Also with regards to that £800, if its earnigs from a past period its counted as capital so shouldnt effect your I.S. issues

 

Your sons DLA and your CA will not be effected by this they are not means tested so you will have some Income.

 

I agre with Stan and see your Union about your work

[abc123def]

Mike, CA is means tested in a way, you cannot earn more than £100pw after expenses and claim CA.

[MIKEY DABODEE]

No CA is not means tested, as the OP said she was on I.S I pressumed she and her husband werent working.

as the earnigs were for a past period before the I.S claim

but there are earning limits of £100 after tax etc....

 

Thinking now, the partner may have made the claim as a lone parent as he moved away into rented property how then did the OP get on the claim?

 

Unless the partner claimed CA and then claimed I.S on the grounds of it then the OP can be on the claim from the start

[kate2212]

Thanks for the replies. I think we are just worrying as we have never been investigated for anything before. I think the Council/DWP are more concerned that the properties were not declared, as we naively thought they were in process of being repossesed. My hubby did tell the JC when he signed on, but was not asked to alter forms.

I think after our meeting with lawyer I will feel much better. Just feel an idiot!

 

Thanks for all your replies! Much appreciated!

[kate2212]

Went to see lawyer, who was fantastic! She has put us at ease. She was so understanding, and told us that the Investigation is to intimadate us, and that they either have evidence or not, and relying on an elderly neighbour to say I still go to my old house is not enough!

 

Feeling positive!

Would definately recommend anyone who has a letter for investigation under caution to pay a lawyer a visit!

 

[id6052]

how many buy to let properties do you have? i am just concerned that they may consider you to be self employed

[kate2212]

We had 10, however all were being reposessed at the time we claimed benefits. And we were not receiving any income from them, we had no other income as I had been made redundant and had no redundancy. Will see what they decide............ think they were totally confused at the interview!