DWP interview under caution

danny0 · 17 March 2018 at 6:38AM

Hello im seeking help or advise for someone i know who has been accused by DWP for allegedly living with a partner without notifying them i know however this is false.
Said person did attend one of there micky mouse interviews under caution and they have very circumstantial to zero proof.
there is an ex partner who goes round due to them having a child
but at no time is there any staying or living at the address.
to further help i advised the person to make a statutory declaration
stating that the partner never lived at th premises to be signed in front of a lawyer also the landlord has written explaining this is false.
anyways a overpayment demand drops through his/her letterbox at the tune of 6 or 7 grand.
Now i advised to appeal , however the fraud dwp department has sent a letter explaining that it has been sent to the CPS after they recieved the a request for a mandatory reconsideration some 2 months ago i think, they have recieved no letter that the mandate recon was rejected nothing from these dogs
my question is surely its under appeal they need to go through the appeal process or whats the point.
also since when is failure to notify deemed as fraud eg working and signing on the dole is acting fraudently
is this not a civil matter
Could someone please help and give some pointers , template letters or is it possible to go down the strawman route its very complex im out of ideasit sounds to me dwp are ignoring any correspondance and just trying bully and intimidate ,
i have also looked on the getout of debt free
site but couldnt find any loop holes or defence advise against these dwp gangsters

thank you in advance for any advise you guys may have

John-K_3 · 17 March 2018 at 8:28AM

Some pointers? Tell the truth, do not try to be difficult, and do not start off with the idea that the people doing the important job of checking claims should be referred to as dogs.

Your mention of straw man route suggests you believe in freeman on the land rubbish. Try to have. A little bit of a think about this; if you are not contracted with the state then why are you (or your friend) claiming benefits?

Caz3121 · 17 March 2018 at 8:55AM

does the ex partner have anything registered at her address? (car insurance, bills etc?) is the ex renting elsewhere? can they provide their tenancy agreement, electoral roll, bills in their name etc that can be provided to evidence he is living elsewhere?

Nick_C · 17 March 2018 at 9:24AM

Failure to report a change in circumstances can be fraud. It can result in action in the criminal courts. And rightly so.

TELLIT01 · 17 March 2018 at 9:44AM

Going into a situation like this and referring to 'Mickey Mouse interviews' and 'dogs' isn't going to helpful to anyone. If the CPS is already involved there must be questions to be answered, and if that is the situation it is right that action is being taken.
Being referred to the CPS is not proof of guilt, it means that DWP believe they have enough evidence to make a strong case. It suggests that there is rather more to this than a simple innocent failure to notify a change of circumstances.

FBaby · 17 March 2018 at 9:48AM

the DPW don't do investigation just for the sake of it, so something must have triggered it. What was it? Was that person reported for fraud, did a joint account or bills under another name flash up?

tomtom256 · 17 March 2018 at 11:04AM

If they had no proof they would not have conducted a "mickey mouse" interview as you call it.

There are two aspects to the case, one is the criminal side and one is the civil side.

An appeal is the civil side and the CPS/court action is the criminal side, both can be done at the same time and a criminal case has to be done in a timely manner.

One is based on probability and the other on being able to prove beyond reasonable doubt.

Danday · 17 March 2018 at 11:31AM

tomtom256 wrote: »

If they had no proof they would not have conducted a "mickey mouse" interview as you call it.

There are two aspects to the case, one is the criminal side and one is the civil side.

An appeal is the civil side and the CPS/court action is the criminal side, both can be done at the same time and a criminal case has to be done in a timely manner.

One is based on probability and the other on being able to prove beyond reasonable doubt.

Absolutely correct. I would also add that if found not guilty in criminal court does not mean that you will be found innocent in civil court. Many are found innocent in the former yet have to repay the benefits that the DWP say are owed.

Where it gets a little tricky is where someone (on advice of their solicitor generally) pleads guilty in a criminal court and receives a custodial sentence yet the appeal for the civil action is won and the DWP lose their action with the claimant not having to repay anything. This is also compounded with the fact that the criminal court my order that the overpayment forms part of the sentence.

This has happened only once to my knowledge where the claimant is convinced by his legal team that in his best interests he pleads guilty in the criminal case yet is found not guilty in the civil action. In that case the judge sitting on the civil action actually asked the claimant 'what on earth were you thinking of in pleading guilty and being sent to prison?'

NotSuchASmugMarriedNow · 17 March 2018 at 11:40AM

Surely the visitor to the house was able to prove their own address?

Danday · 17 March 2018 at 12:16PM

NotSuchASmugMarriedNow wrote: »

Surely the visitor to the house was able to prove their own address?

But would that be enough to prove that co-habiting wasn't happening?

How many people who say live at home with their parents (with all of the evidence to prove that fact) yet spend upwards of say 5 nights a week staying with their girlfriend who just happens to be claiming that she is a single mum?

I know I did and so did many of my friends many years ago. In my case because I owned a car I I used to take her child to school in a morning, take the girlfriend shopping every week, cook meals for her in the evening, The question is was she co-habituating with me?

dippy3103 · 17 March 2018 at 1:10PM

danny0 wrote: »

Hello im seeking help or advise for someone i know who has been accused by DWP for allegedly living with a partner without notifying them i know however this is false.
Said person did attend one of there micky mouse interviews under caution and they have very circumstantial to zero proof.
there is an ex partner who goes round due to them having a child
but at no time is there any staying or living at the address.
to further help i advised the person to make a statutory declaration
stating that the partner never lived at th premises to be signed in front of a lawyer also the landlord has written explaining this is false.
anyways a overpayment demand drops through his/her letterbox at the tune of 6 or 7 grand.
Now i advised to appeal , however the fraud dwp department has sent a letter explaining that it has been sent to the CPS after they recieved the a request for a mandatory reconsideration some 2 months ago i think, they have recieved no letter that the mandate recon was rejected nothing from these dogs
my question is surely its under appeal they need to go through the appeal process or whats the point.
also since when is failure to notify deemed as fraud eg working and signing on the dole is acting fraudently
is this not a civil matter
Could someone please help and give some pointers , template letters or is it possible to go down the strawman route its very complex im out of ideasit sounds to me dwp are ignoring any correspondance and just trying bully and intimidate ,
i have also looked on the getout of debt free
site but couldnt find any loop holes or defence advise against these dwp gangsters

thank you in advance for any advise you guys may have

My advice is that you engage the services of a qualified legal adviser when the summons arrives- poor legal advice often does more damage than no advice at all.

In order to get an LT overpayment that high there must be something that has convinced the DM.

DWP interview under caution

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free