False allegations of Benefit fraud

MoominMama

Dunroamin wrote: »

I doubt that much fraud would be found if accused people could just come in and sign a statement to say they were innocent. Would you like to extend the idea to the whole of the criminal justice system as it would empty the courts and the prisons if we did!

Well that's what I was told, and that is what happened, I had to go in, write a statement and was told that was it!

Why would i like to extend it anywhere, it wasn't my idea.

Katie961

SuzieSue wrote: »

Yes, I'm sure it was unpleasant and I feel sorry for you having to go through it, but surely you understand why they had to do it? If they didn't interrogate people, then how would they find the fraudsters?

If you weren't doing anything wrong, then it should have been easy for you to answer the questions truthfully.

Unfortunately, the benefits system has depended on people being honest for too long and of course, some people take advantage and it is innocent people like you who suffer, but it happens in every part of life.

Just because innocent people suffer in every part of life surely does not make it right?
I have apparently been reported to the DWP by someone malicious and spiteful who does not understand or know anything about the serious and debilitating illnesses and disabilities from which I suffer. I am proud to say that I have, until I was medically retired in 2009, worked and paid my way all my life, and have only claimed benefits since I became ill (so ill that I nearly lost my life on several occasions). I am a former Senior Probation Officer with a strong sense of honesty, and if I were able to work I would do so. I loved my career, so I have not only lost my health but also my source of income and a job that I excelled at - a triple whammy.
Recently I received a letter 'inviting' me to attend an interview with a Customer Compliance Officer. I was advised by my medical team that I was not well enough to attend the interview, and that under the DDA I could request a home visit. I asked for this, and was told that DWP don't do home visits, but I could have a telephone interview, which happened a week ago. I was told of two issues. The first was that DWP were unaware of my occupational pension, despite the fact that I have documentary evidence that I disclosed this (and they confirmed at the time that they had received all the details I had given them) when I was 'migrated' from Incapacity Benefit to ESA (Contribution based, Support Group). This issue was easily rectified, since it turns out that DWP had somehow 'lost' the paperwork. I have no problem with repaying any overpayment, even though it was their fault - I would not claim what I am not entitled to.
The second issue, however, was the allegation that I was 'not as disabled' as I claimed to be. There were various statements made by the person who reported this to DWP, all of which are totally untrue, and I have told DWP that I wish to know the name and address of the person who made the allegations (unless it was anonymous of course), in order to take action against them for libel/slander, and that I also want a copy of the allegation so that I can answer and disprove each and every statement within it. I have wracked my brains trying to work out which neighbour would be so malicious as to falsely accuse me, and I am pretty sure I know who it is. Certainly it is someone who knows quite a lot about me, but does not actually know me in terms of having spoken to me at any time. I believe that they have heard their partner, a friend of my husband and myself, talking about us in general conversation, and instead of having the decency and courage to come and speak to me about their concerns, they have made entirely wrong assumptions and reported to the DWP what is actually a complete fairytale. If I am right about the person in question being the originator of the allegation, it would be because they are quite odd, and almost pathologically possessive and jealous of anyone that is friendly with their partner.
MY QUESTION IS: Am I right in thinking that if I can find out who made the false allegation, that I can either take legal action against them myself for slander/libel, or that I can make a complaint to the police that they have committed an offence of harassment against me? And if so, can I then assume that they will be prosecuted and brought to justice? One of the most unpleasant and distressing features of my illnesses is that any upset, stress or worry aggravates my existing conditions to the point that I develop new ones. My immune system attacks my vital organs, mistaking them for viruses, and has so far systematically destroyed various parts of me. I cannot afford to risk anything which will aggravate my health further, as I am at real risk of losing my kidneys at the present time. This is why I am treating this so seriously.
I would really appreciate any advice that anyone can offer. You may think it strange that I do not know the answers already, given my former profession, but I worked with high risk offenders protecting the public, and therefore did not get involved in this type of case. Thank you in advance to anyone who can offer me clear and sensible advice, I am truly grateful.

Poppie68

You would be better starting a new thread. This one was started over 3 years ago.

SuzieSue

Katie961 wrote: »

MY QUESTION IS: Am I right in thinking that if I can find out who made the false allegation, that I can either take legal action against them myself for slander/libel, or that I can make a complaint to the police that they have committed an offence of harassment against me? And if so, can I then assume that they will be prosecuted and brought to justice? One of the most unpleasant and distressing features of my illnesses is that any upset, stress or worry aggravates my existing conditions to the point that I develop new ones. My immune system attacks my vital organs, mistaking them for viruses, and has so far systematically destroyed various parts of me. I cannot afford to risk anything which will aggravate my health further, as I am at real risk of losing my kidneys at the present time. This is why I am treating this so seriously.
I would really appreciate any advice that anyone can offer. You may think it strange that I do not know the answers already, given my former profession, but I worked with high risk offenders protecting the public, and therefore did not get involved in this type of case. Thank you in advance to anyone who can offer me clear and sensible advice, I am truly grateful.

If you have such a serious illness then taking someone to court for libel or slander will make your condition much worse as it will be very stressful for you. It will also costs thousands of pounds.

Katie961

Thank you both for replying. Yes Poppie, I guess that given the age of the thread, it probably would make sense to start a new one, I will do so tomorrow now.
Suzie, thank you also. I had not thought about the stress of a court case, I had just assumed that it would all be done by police or by a solicitor, I'm afraid I'm not as sharp as I used to be and whilst I can think things through, I now sometimes forget vital bits, this is probably due to the amount of medication I am taking, which includes morphine and a chemotherapy drug, meds have side effects which are pretty unpleasant. I had hoped that it would not be stressful because I haven't done anything wrong, its the person who made the allegations who has done wrong, but I do see what you mean and its sensible advice. Most importantly, I had not even considered that it would cost me to take action. I guess that reporting it to police as an offence of harassment is the best course in that case.

skintmacflint

Katie961 wrote: »

I guess that reporting it to police as an offence of harassment is the best course in that case.

Only if you have definite proof of who it was was. Otherwise you could me making a false allegation against an innocent person yourself.

Think the police will also want to know why you feel it's a malicious allegation and not just made by someone out of sheer ignorance of illness who's got the wrong end of the stick.

toomuchinfo

[QUOTE=skintmacflint;63210659

Think the police will also want to know why you feel it's a malicious allegation and not just made by someone out of sheer ignorance of illness who's got the wrong end of the stick.[/QUOTE]


I think this is the important bit. If the person making the allegation believed what they were saying then there is no case.

Katie961

toomuchinfo wrote: »

I think this is the important bit. If the person making the allegation believed what they were saying then there is no case.

The person who I think has made the allegation is, as I think I have mentioned, very very possessive and jealous of anyone who is friendly or neighbourly to their partner, and also is abnormally overprotective of their teenage son (late teens). I complained a while ago that their son had broken various items in my house - the person's partner had come over to help my husband move a piece of furniture and the lad came along too. Unfortunately he was like a bull in a china shop and broke some expensive things while he was here. I asked him if he could please replace them, or give me the money to do so, and he went straight home and told his mother that I had been horrible to him and made him have a headache, and she texted her partner to say that the lad was now needing a bath and a warm drink and a cuddle and that he would have to spend the rest of the afternoon lying down!!!!! I had in fact been very nice and polite and reasonable about it all, and I, my husband and the mother's partner (our friend) all were totally nonplussed. I have tried being neighbourly to this person and have been rebuffed very abruptly each time, with a dirty look, which to me is extraordinary, as all of our other neighbours are very friendly.
So, in short, I believe that if it was this person (& I cannot think of anyone else who would know what she knows about me), then it WAS deliberate and it WAS malicious. It is very sad to think that there are people like this around.

jacques_chirac

Katie961 wrote: »

The person who I think has made the allegation is, as I think I have mentioned, very very possessive and jealous of anyone who is friendly or neighbourly to their partner, and also is abnormally overprotective of their teenage son (late teens). I complained a while ago that their son had broken various items in my house - the person's partner had come over to help my husband move a piece of furniture and the lad came along too. Unfortunately he was like a bull in a china shop and broke some expensive things while he was here. I asked him if he could please replace them, or give me the money to do so, and he went straight home and told his mother that I had been horrible to him and made him have a headache, and she texted her partner to say that the lad was now needing a bath and a warm drink and a cuddle and that he would have to spend the rest of the afternoon lying down!!!!! I had in fact been very nice and polite and reasonable about it all, and I, my husband and the mother's partner (our friend) all were totally nonplussed. I have tried being neighbourly to this person and have been rebuffed very abruptly each time, with a dirty look, which to me is extraordinary, as all of our other neighbours are very friendly.
So, in short, I believe that if it was this person (& I cannot think of anyone else who would know what she knows about me), then it WAS deliberate and it WAS malicious. It is very sad to think that there are people like this around.

The police are not going to get involved in what comes across as a game of tit for tat between neighbours. This is what you are describing, it is nowhere near what would be deemed harassment in the criminal sense.

SuzieSue

Katie961 wrote: »

I complained a while ago that their son had broken various items in my house - the person's partner had come over to help my husband move a piece of furniture and the lad came along too. Unfortunately he was like a bull in a china shop and broke some expensive things while he was here. I asked him if he could please replace them, or give me the money to do so, and he went straight home and told his mother that I had been horrible to him and made him have a headache,

If I had asked someone to help me move some furniture and their son accidently broke some items, then I wouldn't ask the son to replace them or give me the money for them. Even if he was clumsy, that is the risk you take when you ask a favour. If you had paid a professional removal firm then you would be able to claim against them (this is what I did when I had some heavy and expensive furniture to move).