help needed to prepare for benefit fraud interview

[natsprat]

I AM IN SUCH A STATE OVER THIS I HAVE RECENTLY TRAVELLED ABROAD WITH MY MUM TO VISIT MY SISTER WHO'S BABY WAS DUE. AND YES I WAS PREPARED TO NOT COME BACK TRYING TO LIVE OFF BENEFITS WAS IMPOSSIBLE I HAD JUST TRAINED UP TO DO WAXING AND IN MY DREAMY HEAD THOUGHT HOW LOVELY IT WOULD BE TO START OFF FRESH IN A DIFFERENT COUNTRY. SO ANYWAY CAME OUT ON 12 DEC MY SISTER SADLY GAVE BIRTH BUT THERE WERE COMPLICATIONS AND THE BABY WAS STILL BORN. I HAVE STAYED OUT HERE WITH MY CHILDREN TO GIVE MY SISTER AS MUCH SUPPORT AS POSSIBLE. I CALLED THE JOB CENTRE TO ADVISE THEM OF MY SITUATION AND WAS TOLD TO KEEP THEM UPDATED IN EARLY JAN, I THEN CALLED BACK ON THE 2ND OF THIS MONTH TO COME OFF OF BENEFIT I HAD A CALL STRAIGHT BACK SAYING THAT THEY WANTED ME IN FOR AN INTERVIEW UNDER CAUTION I IMMIDIATELY THOUGHT IT WAS BECAUSE I CAME OUT HERE THEY WANTED ME IN ON THE 16TH AND WOULDN'T TELL ME WHAT IT WAS FOR.

I CALLED A SOLICITOR AND EXPLAINED MY SITUATION AND HE PHONED THE INVESTIGATION LADY WHO THEN TOLD HIM THERE HAS BEEN AN ALLIGATION MADE THAT I HAVE LIVED WITH A PARTNER AS A FAMILY UNIT FOR A LONG PERIOD OF TIME AND THEY HAVE ENOUGH EVIDENCE TO TAKE IT TO COURT, I WAS SHOCKED TO SAY THE LEAST MY EX IS THE FATHER OF MY 3 CHILDREN WE SPLIT UP IN 2005 AND WERE ON AND OFF FOR A COUPLE OF YEARS WE THEN MADE A GO OF THINGS IN 2007 MOVED TO A DIFFERENT COUNCIL HOUSE WERE TOGETHER FOR ABOUT A YEAR AND TOWARDS THE END OF MY 3RD PREGNANCY WE BROKE UP AS HE BLEW ALL OUR MONEY(LITTLE) ON GAMBLING AND FOR THE 2ND TIME I WAS LEFT AS A SINGLE PARENT MY EX SPENT A LOT OF TIME WITH OUR CHILDREN AND WAS STILL A GREAT DAD I DID NOT SAY ANYTHING TO MY NEIGHBOURS AND WHEN THEY ASKED WHERE MY EX WAS I WOULD TELL THEM HE WAS AWAY WORKING I LIVED IN A VERRY SNOBBY VILLAGE AND DIDNT WANT PEOPLE KNOWING I WAS A SINGLE PARENT ON BENEFIT. ALSO MY EX STILL HAD MAIL MOSTLY DEBT LETTERS COMING TO MY HOUSE AND I PESTERED HIM TO SORT IT OUT. THERE WAS ALSO A TIME WHEN HE APPLIED FOR A CAR UNDER MY ADDRESS AND I HIT THE ROOF BUT HE ARGUED THAT HE WAS STILL ON THE TENNANCY! AND IT WAS ONLY UNTILL HE GOT HIS OWN PLACE AS HE WORKS AWAY ALOT AND IS STAYING WITH HIS MUM AND DAD. ANYWAY CAN ANYONE ADVISE ME OF WHAT TO DO NEXT. THANKYOU:confused:

just to add i have booking forms to show only me my mum and kids came out here and i have also spoke to my exs mum and dad and they said they can write a statement or even come along to the interview. what else can i take along with me to help?

Edited February 7, 2010 by natsprat
adding additional info

[RaeUK]

Hi natsprat and welcome.

Err, glad you finally stopped writing in capitals as it's very difficult to read!

It does sound like they have drawn the conclusion you and hubby didn't break up. This, I presume, would be based on his using your address for mail and possibly a chat to a neighbour or two who would - as they didn't know any different - have confirmed it. And if he was visiting a lot then this would have cemented the thought. Just my guess.

It is very good of his parents to offer their support and I would expect that to be helpfull.

Other things to take along, I imagine, would be utility bills, council tax bills etc if they are only in your name. Do you rent the property? If so rent agreement in your name. Anything you can think of which will help show its only you there.

Hopefully you'll attract better posts soon.

You could, I assume, also complete a statutory declaration to confirm the dates he moved out and he does not live there.

By the way, where is 'out there'? Just curious.

Best wishes.

Rae.

Edited February 8, 2010 by RaeUK
tie poo

[K3NNY]

Attend the interview

take nothing else with you as this may incriminate you.

Listen to the allegation

respond only if you want

take someone with you however they can only sit and watch and listen and cannot take part in the discussions unless they are a solicitor.....take the solicitor who telephoned.

if you have a recording device plonk that on the table next to their tape recorder and advise them you will be recording the interview also to save them providing you with a copy of the tape as this takes a while to get to you and if you need to instruct a solicitor will be helpful.

stay calm as their tactic will be to get you flustered and confused

you can leave any time you want.

They have to prove you intended to defraud.

There are no laws that states who can and when visit you or your children and the father can come and go as he pleases provided there are no injunctions or restraining orders.

What do they prefer broken homes and absent fathers......

Does the queen change her address every time she stays in Balmoral?

Did either of you flip properties?

did you have your moat cleaned?

 

Could they have evidence of him living with you physical evidence ie pictures of his clothes in the wardrobes?

Things that would show he is living there?

 

One other thing has occured to me how do you know it is the father of your children they are referring to does the letter state not to bring him?

if it doesnt then it is safe to assume it is not him as he is involved and therefore cannot be your witness, as he would be facing the same fraud charges somewhere down the line.

 

They are after all allegations and it is fair to for them to be suspicious however if they have no physical evidence they dont have a leg to stand on and are getting you in to trip yourself up.

If it gets sticky for them they will offer you a caution as they wont take it to court as its not in the public interest. but its in their interest to get a result of some kind so close to the general election to safeguard their jobs.

i for one wouldnt accept any offer of a caution as this is still a criminal record and could stop you entering other countries on a Visa.

Unless of course you are guilty?

[natsprat]

I certainly wont be excepting any cautions I grudge paying back debts that have all been left to me anyhow due to my exs gambling affairs but this is a step to far!.I Havent been in a relationship with anyone else since the breakup so I am ony assumming its my ex however my brother is looking after my house at the moment and visits alot, There are a few things I would like to find out.

Should I take a statement or just give them his mum and dads address?

The house we got together and he is still on the tennancy, council tax in my name and all the other bills are all in my name, should I take them?

I was close to my next door neighbour and she was aware of my situation should I take a statement from her also?

I am sure I know who made the alligation one of my neighbours son sexually assulted my child, I had to go to social services and give a statement my neighbour told me she would make my life hell! and now I get this. Along with his stupid mail still coming to my house has not helped. I Feel sick with dread I have read so many horror storys. I got away to be the best mother I possibly can be But instead Im having panick attacks and im short and snappy.

I am skint so will have to borrow and beg to pay my solicitor and for my flight, It is so unfair!

[ErikaPNP]

Hi Nat. I'm a bit pushed for time just now, but

Click here

 

It will then bring up all the threads on benefit fraud on the forum and give you an insight to more advice and other's experiences.

 

Also, have a look here. This guide contains all of the facts that DWP must consider to decide if someone is living with someone as a partner.

[natsprat]

Thankyou I cant believe how many people are in the same boat as me, I am terrified about the interview the last few weeks have been turmoile with my sister loosing her baby and Im scared im not strong enough and let them walk all over me. thanks again

[Shoelover]

Natsprat, a formal caution issued by the DWP (or any council) for benefit fraud is not a criminal record. It is not recorded on PNC, the police are not notified. It is only recorded on the DWP data base, which the DWP and councils check if they are making a decision on a fraud case.

This isn't me saying i think you should or shouldn't accept one, just that it is not a criminal record.

[natsprat]

I attended the interview under caution with my father as I could not afford a solicitor.

All I can say was that it was awlfull it brings tears to my eyes just thinking about it,

My Father had to interupt twice as the interviewer was getting aggressive (banging on the table) and slamming papers infront of me, they talked to me like ****, they had no photo or video edvidence they went on electrorol info and credit files and as my x partner came and went his name was bound to be on them.

They went all the way back to my previous claim back in 2004-2006 and asked about him being on electro roll and credit file.

Also because I still use my married name and my maiden name,- passport in maiden and driving licence in married, some bills in maiden and some bills in married, I have only done this thou confussion I am still not sure what name I should be using, they have also accused me of emmigrating whilst still claiming and lied in the interview by saying I came off benefits after I had spoken to them and was aware i was being invetigated, I am absolutly possitive it was the other way around and told them that I had no job house nor money behind me I wasn't sure if I was going to make a go of things or not untill I had a way of living.

What gets to me is that I had Declared when my ex stayed at my house to my complience officer when I had my baby (prem) I had to stay in hospital and my ex stayed at my house with our children. they had a go at me for not telling them about changes in cirumstances and not telling them about having the baby, I answered that I did tell them I declared it to mr ..... the complience officer I signed the statment of declaration!

they responded that they are not the job centre and that I commited an offence because I never told them! and yet where was the interview under caution held? at the job centre, and they expect people not to get confussed.??

Come the end we asked the interview to be stopped as they were trying to put words in my mouth and not letting me answer the questions. my interviewer responded that only she can decide when to end the interview so I Said I wont be answering any more questions, she told me I had to I refused and she said she had enough to charge me and read me my rights again. she then threatened (still on tape) that if I dont admit to anything now that she will speak to all my neighbours friends and family and what will they say I responded the truth if they new me well enough. and It Ended there. I am not sure what to do next do I need to send in any evidence? should I get copy of the tapes? should I complain? and how long aprox will I need to wait for a response?

thanks for taking your time to read this.

[kk3852]

If the investigator behaved as you say then you need to lodge a complaint. There is no way at all that they should have been banging on the table or slamming things down in front of you. They should also allow to to answer questions as the whole point of the interview is to ask you for an explanation of whatever evidence they think that they have.

 

The manager of the investigator needs to listen to the tape and deal with any attitude that was not acceptable.

 

Without reading all of the this thread I'm not sure who was interviewing you - if it was the DWP write a letter addressed to the team manager at the address on your appointment letter or if the local authority write to the Chief Executive. If both interviewed you, write to both.

[jabba jones]

I attended the interview under caution with my father as I could not afford a solicitor.

All I can say was that it was awlfull it brings tears to my eyes just thinking about it,

My Father had to interupt twice as the interviewer was getting aggressive (banging on the table) and slamming papers infront of me, they talked to me like ****, they had no photo or video edvidence they went on electrorol info and credit files and as my x partner came and went his name was bound to be on them.

They went all the way back to my previous claim back in 2004-2006 and asked about him being on electro roll and credit file.

Also because I still use my married name and my maiden name,- passport in maiden and driving licence in married, some bills in maiden and some bills in married, I have only done this thou confussion I am still not sure what name I should be using, they have also accused me of emmigrating whilst still claiming and lied in the interview by saying I came off benefits after I had spoken to them and was aware i was being invetigated, I am absolutly possitive it was the other way around and told them that I had no job house nor money behind me I wasn't sure if I was going to make a go of things or not untill I had a way of living.

What gets to me is that I had Declared when my ex stayed at my house to my complience officer when I had my baby (prem) I had to stay in hospital and my ex stayed at my house with our children. they had a go at me for not telling them about changes in cirumstances and not telling them about having the baby, I answered that I did tell them I declared it to mr ..... the complience officer I signed the statment of declaration!

they responded that they are not the job centre and that I commited an offence because I never told them! and yet where was the interview under caution held? at the job centre, and they expect people not to get confussed.??

Come the end we asked the interview to be stopped as they were trying to put words in my mouth and not letting me answer the questions. my interviewer responded that only she can decide when to end the interview so I Said I wont be answering any more questions, she told me I had to I refused and she said she had enough to charge me and read me my rights again. she then threatened (still on tape) that if I dont admit to anything now that she will speak to all my neighbours friends and family and what will they say I responded the truth if they new me well enough. and It Ended there. I am not sure what to do next do I need to send in any evidence? should I get copy of the tapes? should I complain? and how long aprox will I need to wait for a response?

thanks for taking your time to read this.

 

If what you have said is true, with the banging on the desk & refusal to stop the interview then there has been a clear breach of the PACE procedure.

 

http://police.homeoffice.gov.uk/operational-policing/powers-pace-codes/index.html

 

Were you given the caution at the start of the IUC? Was it explained to you that you were not under arrest & were free to leave at any time?

 

Ask for a copy of the tape (you should have been given a form explaining how you can do this at the end of the IUC) & when you’ve listened to it, if you still feel the same write a letter of complaint to the local DWP fraud manager.

[RaeUK]

What an awfull experience you had, natsprat! Do make sure you follow any advice jabba jones gives you, I'll think you'll find him helpfull.

I agree entirely with the comments about PACE - although it was a long time ago I was involved with it!

I do hope the tape accurately represents your experience and you push on with a complaint.

Best wishes and good luck.

Rae.

[natsprat]

ok thankyou I will request a copy of the tape.

they did read my rights at the start of the interview and said I was not under arrest and could leave at anytime. but when I asked to leave she refussed to end the meeting and also on some questions I said no comment, she told me I had to answer the questions. My dad told her she had to stop getting aggressive and she replied that I wasn't there for a friendly chat. I wish I could have taken a solicitor with me.!

should I also send evidence in? I have a statement from my ex's mum and dad saying he lived with them I also have witness statements from neighbours who all say that I lived alone. I was accused that me and my ex were living together abroad but I have proof that it was only my mum,children and myself that travelled abroad.

[kk3852]

Personally I would make your complaint just based on the way that you were treated at the interview. All investigators have to abide by the Police and Criminal Evidence Act and if they have breached this it needs to be dealt with. In my opinion, (which is only my opinion after all) an official complaint needs to be made about the conduct and manner of the investigators.

 

Complicating the official complaint with details of the information that they had and letters from other people would only mask the real details of your complaint, and that has to be the way that you were treated.

 

You can say in the letter that you can send in witness statements from others if required and leave it at that.

 

There is no way that they should have been banging the table, throwing things down, telling you that you have to answer the questions and telling you that you can't leave.

 

I'll be as brave as Jabba Jones now - I also work as an investigator and I have never ever treated anyone that way - I always think that it is a bad enough situation for someone to be in without me making it worse. Its much better if you do have a friendly chat, there is absolutely no need to be aggressive if you have done the job properly beforehand.

 

Investigators who behave inappropriately should be dealt with as they make the job impossible for everyone else (and it is just a job, I for one can sympathise and understand why people do what they do).

 

Please let us know what happens with your complaint. Thanks

[Shoelover]

kk3852 is right- that conduct is unacceptable. I am also an investigator and would never dream of conducting myself in this manner. Many of us pride ourselves in treating people well whilst getting the job done.