Fraud Investigation Closure Letter or Not?

[LifeIsAMess]

Hi all,

 

Does anyone know if DWP FIS let you by letter (or other way) if they have closed their investigation?

 

Also if they do NOT intend to prosecute do they advise of this or not?

 

My interview was 9 months ago, won my tribunal appeal 3 months ago but have not heard anything regarding if case has been closed or is still on going.

 

Thanks

[citizenkain]

I had an interview with them in march 2009,still aint heard back

[LifeIsAMess]

I had an interview with them in march 2009,still aint heard back

 

Nothing at all? I mean you went to interview and that was it? Sorry don't mean to be nosey.

[citizenkain]

nothing,the dwp take their time with everything,why would they rush,they know they can eventually get you whenever they want,your national insurance number is on file with them,if you did owe them something there is no statute of limitations on it running out,they just deduct from future benefits,even your pension if you live that long

[tomtom256]

If you won your tribunal appeal and it was to do with the decision regarding the investigation, then it should be closed as there will no longer be anything to investigate.

 

citizenkhan, have you not made contact to ascertain what is going between then and now?

[boodletum]

I had an interview with them in march 2009,still aint heard back

 

Are your benefit payments still suspended?

[citizenkain]

I dont get any benefits,Ive certainly not been in touch with them!

[LifeIsAMess]

If you won your tribunal appeal and it was to do with the decision regarding the investigation, then it should be closed as there will no longer be anything to investigate.

 

Hi tomtom, thank you, yes the tribunal win was regarding the decision and overpayment of the investigation, however, several people have told me that I can still be taken to court for the criminal matter even though the civil side of things has been dealt with...is this correct?

[tomtom256]

If you won your tribunal appeal and it was to do with the decision regarding the investigation, then it should be closed as there will no longer be anything to investigate.

 

Hi tomtom, thank you, yes the tribunal win was regarding the decision and overpayment of the investigation, however, several people have told me that I can still be taken to court for the criminal matter even though the civil side of things has been dealt with...is this correct?

 

No it's not correct, as a succesful appeal will nil the overpayment and as such there will be no criminal offence to answer.

[LifeIsAMess]

 

No it's not correct, as a succesful appeal will nil the overpayment and as such there will be no criminal offence to answer.

 

Oh I see, thanks so much for confirming that.

[bio]

If you attended an IUC and no further action is being taken against you, you should at least be sent a 'release from caution' letter.

[dc1960]

LifeisaMess, I'm sure you must have posted on here previously about winning your appeal - no idea how, but I obviously missed it. So very pleased and relieved for you. Hopefully, mine (and the related court case which looks like definitely going ahead due to long delays in the tribunal system) will be behind me sooner rather than later. I know what a big, black could you've been living under...so glad for you.

[LifeIsAMess]

LifeisaMess, I'm sure you must have posted on here previously about winning your appeal - no idea how, but I obviously missed it. So very pleased and relieved for you. Hopefully, mine (and the related court case which looks like definitely going ahead due to long delays in the tribunal system) will be behind me sooner rather than later. I know what a big, black could you've been living under...so glad for you.

 

Hi dc, yes I just updated my original thread with the appeal outcome. I can't believe you are still waiting for yours! I really hope a date for it comes through before it goes to court. How long now since your IUC?

 

Unfortunately the cloud never goes away, not for me anyway. I'm finding it really difficult to move on.

[LifeIsAMess]

If you attended an IUC and no further action is being taken against you, you should at least be sent a 'release from caution' letter.

 

Hi, thanks, this is what I wanted to know, like is it standard procedure for them to send one or does it vary by area or just depend on the investigator?

 

Has anyone else been to an IUC and gotten a release from caution letter? or a letter stating no court action is going to be taken?

[dc1960]

Hi dc, yes I just updated my original thread with the appeal outcome. I can't believe you are still waiting for yours! I really hope a date for it comes through before it goes to court. How long now since your IUC?

 

Unfortunately the cloud never goes away, not for me anyway. I'm finding it really difficult to move on.

 

I'm sorry to read that. Obviously you won't want to go into detail here but I sincerely hope that whatever is holding you back changes soon for the better.

 

My IUC was July 2012. Within recent months I received notice that a court date was set for late December. Given that the DWP lost my appeal papers (and then continued for some time to deny they'd ever received them) from early January of this year, an actual date for an appeal hearing was delayed. I asked for an expedited hearing, didn't get one, finally had notice from the tribunal service that my appeal was to be heard three days before the court date. That was a huge relief... until I had a letter on Saturday from the tribunal service saying that my appeal had been deferred at the request of the DWP because they didn't have a presenting officer to attend on that day. Bitterly disappointed. I've just written to the TS to ask that the original date be restored, giving my reasons as to why. I've also written to my solicitor asking that we give serious consideration to asking the court for an adjournment. I strongly feel that there is sufficient case law to support doing so. It just drags on and on.. and on.

[LifeIsAMess]

I'm sorry to read that. Obviously you won't want to go into detail here but I sincerely hope that whatever is holding you back changes soon for the better.

 

My IUC was July 2012. Within recent months I received notice that a court date was set for late December. Given that the DWP lost my appeal papers (and then continued for some time to deny they'd ever received them) from early January of this year, an actual date for an appeal hearing was delayed. I asked for an expedited hearing, didn't get one, finally had notice from the tribunal service that my appeal was to be heard three days before the court date. That was a huge relief... until I had a letter on Saturday from the tribunal service saying that my appeal had been deferred at the request of the DWP because they didn't have a presenting officer to attend on that day. Bitterly disappointed. I've just written to the TS to ask that the original date be restored, giving my reasons as to why. I've also written to my solicitor asking that we give serious consideration to asking the court for an adjournment. I strongly feel that there is sufficient case law to support doing so. It just drags on and on.. and on.

 

That's awful and I do not believe they need a presenting officer to attend...delaying tactics maybe? There was nobody from DWP at mine. I see no reason why it shouldn't be adjourned especially when you asked for it to go to appeal before they started to prepare it for court.

 

Well done for keeping it together for so long, I know it's not easy.

[dc1960]

Delay tactics? I think so, though it is easy in this situation to become paranoid. Regardless, there is a lot of expert opinion in the field of welfare benefits rights workers and case law to suggest that in most circumstances an appeal should be heard by a tribunal prior to a court hearing. Can but try but running out of time somewhat.