Can anyone help Newbie - Customer Compliance Question ?

VeryScaredPerson

Louise03 wrote: »

I know of someone who had a mega savings account (undisclosed) whilst claiming benefits. He has some mild learning difficuties. He wasn't taken to court, but his benefits were suspended and of course he had to pay it back.
As they obviously have some information on your account, honesty will definatley be the best policy.

Thank you.
I'm more than happy to pay back whatever I might owe them. I want to do it, cause I feel really bad and realize I've done something wrong and stupid.
I'm not on JSA at the moment, so I dont need to worry about being without benefits, and for the first time in a while I think I may have a good run at some work. I've tried to set myself at least 12 months without any rsorting to benefits no matter what. Opportunities look promising for once.
I'm definately going to be honest about it, I always am (stupidity and probelms excluded though obviously), I just want to be sure I get it right n telling them, but don't think they'll belive me, or I'll accidentally say or do something wrong and accidentally make things worse.

Louise03

If you can take a letter from your GP outlining your problems this will help. Try not to worry too much people have done far worse.

VeryScaredPerson

I wasnt on the JSA at the tome when my grandmother set this up, it predates the JSA splurge. The business thing was her idea, albeit with something I wanted to do.
It was a simple idea she had. I didn't have the money to buy equipment I needed, so she started the individual savings account to put money in it so save some money until i had eough. It was totoally seperate to my living money and a strict 'no go' account, except for the business when I was ready. Things didnt work out well though, certain market factors changed, i did a business link course and found that I couldnt understand all the paperwork and such, and it never got around to happening.
I always inteneded to get up and running somehow, but i lost my regualr job and ended up on these spurts on the JSA. I had more problems on my mind, and I'm always at my worst, and not thinking straight when I'm snowe d under with problems.
I do still want to do the business somehow, a frend was encouraging me yesterday and she has a little experence, she said she'd help. I am good at what I can do, but I can't deal with all the scary business offical paperwork, tax decalaration type of things. Im hoping to maybe get to grips with it over time. I am trying a new medication which I've just started and it might help.
I ahve been thinking since all this happened, that I will clearly have to pay a bit back to the JSA, but it might actually do me some good and get me fighting a bit more to try and get things done. I've been thinking tonight about the idea of putting wahever I have left into work on my house so I can take in a lodger. It would bring me a small amount of regualr income if I did that, and I'd never need to go back on benefits.

VeryScaredPerson

i asked one of those online lawyers about it and this is what he said:

"
Providing you declare the account rather than are found out then there is no risk of an allegation of fraud. Such an allegation is only possible if you are discovered rather than you declare the matter.

Write to them confirming the position including the above explanation. It is wrong as you have discovered but reasonable. They will reassess your benefit claims with the new information and it may be that you will have to pay back some of the benefits you received but better this than the alternative which is prosecution, paying it back and a possible fine.

Get to them first with the above letter and you will be fine bar having possibly to pay something back.

Providing you declare it to them before they were to discover it you cannot be prosecuted because they need to prove intent in order to prosecute. This is almost impossible if you have voluntarily declared it. "

So as long as I let them know that I do have an account that I didn't know I had to declare, along with ensuring that they know i don't have the non-existant one, it looks as if I'll be okay through all this.

I_love_Harrison

A similar thing happened to me recently.

I had a letter for an appointment with the Customer Compliance Team as the Inland Revenue had told them I had £8000 in 2008.

I certainly didn't & the account number provided was for an ISA account my ex husband had paid £3000 into for our children in 2007 after we'd split & he'd sold the house.

The money was in the ISA (in my name) for a year then split into 3 & put into separate accounts in each of the kids names.

For some reason they had worked out that the interest earned would of taken the figure up to £8000 (I wish it was actually only £100 odd).

It was an online account so I had no statement but after phoning the bank they put something in writing stating how much money was paid in & paid out which was sufficient evidence.

I signed a statement confirming what happened & they were fine with it.

Be honest & explain what happened & they will listen.

dseventy

VeryScaredPerson wrote: »

i asked one of those online lawyers about it and this is what he said:

"
Providing you declare the account rather than are found out then there is no risk of an allegation of fraud. Such an allegation is only possible if you are discovered rather than you declare the matter.

Write to them confirming the position including the above explanation. It is wrong as you have discovered but reasonable. They will reassess your benefit claims with the new information and it may be that you will have to pay back some of the benefits you received but better this than the alternative which is prosecution, paying it back and a possible fine.

Get to them first with the above letter and you will be fine bar having possibly to pay something back.

Providing you declare it to them before they were to discover it you cannot be prosecuted because they need to prove intent in order to prosecute. This is almost impossible if you have voluntarily declared it. "

So as long as I let them know that I do have an account that I didn't know I had to declare, along with ensuring that they know i don't have the non-existant one, it looks as if I'll be okay through all this.

Be wary of on-line lawyers. You need to share the letter you had from the DWP with your ISA statment to ensure you get the proper advice.

I think you are a splitting hairs to be honest. You had undisclosed savings. They have wrote to you about undisclosed savings. Thats a fact.

You can't start hiding behind their mistakes now, you made one too.

I think it will all come down to a DWP investigation. Perhaps they have quoted a serial number rather than a account/sort code?

I still find it hard to think you "forgot about it".

You must have a loving Nanna who worries about you and speaks to you. She cares enough to put money away for you, therefore you must have some kind of relationship with her.

I can't believe that during this time you spoke to her (on JSA) and the account or future dreams came up (and therefore the bank account).

Anyway, good luck, I fear you will need it, please report back.

D70

VeryScaredPerson

I still dont follow bits of what you're saying. But regarding my grandmother, theres only real me and her, theres no other close family int he area, so yes we are close.

could you please expalint this a bit more to me, I really don't follow "You need to share the letter you had from the DWP with your ISA statment to ensure you get the proper advice."
Whats an ISA statement? share my letter with it? There were no details on thier letter other than a wrong account number. No details of where it was held, or how much they thought was in it. I still dont know yet if thye think I've got 2 accounts, or just have a wrong number. The number doesn't realte to anything on my individual savings account as far as I can see.

"good luck, I fear you will need it" is not exactly reassuring me

I thouight I knew how to go about doing this correctly after the advice from the online lawyer, what he said made a lot of sense. Now I'm feling more worried than ever; that even if I do it all right and legit, and pay it all back, that I'm still going to be in serious trouble.

dseventy

VeryScaredPerson wrote: »

But regarding my grandmother, theres only real me and her, theres no other close family int he area, so yes we are close.

I guess thats why I (and just me, not the DWP, not other people) find it hard to believe that you are so close to your Grandma (so much she puts money away for you) that the account never came up in conversation.

VeryScaredPerson wrote: »

could you please expalint this a bit more to me, I really don't follow "You need to share the letter you had from the DWP with your ISA statment to ensure you get the proper advice."

Whats an ISA statement? share my letter with it?

You have an ISA in your name ( the one you forgot and your grandma put money into).

I am saying that you need legal advice and you need to show the letter from DWP and the statement from the ISA to a lawyer to get full and proper advice.

VeryScaredPerson wrote: »

There were no details on thier letter other than a wrong account number. No details of where it was held, or how much they thought was in it. I still dont know yet if thye think I've got 2 accounts, or just have a wrong number. The number doesn't realte to anything on my individual savings account as far as I can see.

You say you are forgetful and don't understand paper affairs.

So just because you don't see it, does not mean someone else won't either.

When credit scoring or matching happens, the results can be wierd and don't look right at first glace. Hence you need advice.

VeryScaredPerson wrote: »

"good luck, I fear you will need it" is not exactly reassuring me

This forum is not the place for "reassurance" its for advice and help. Sometimes people don't get the answers they expect, but a truthful answer none-the-less.

VeryScaredPerson wrote: »

I thouight I knew how to go about doing this correctly after the advice from the online lawyer, what he said made a lot of sense. Now I'm feling more worried than ever; that even if I do it all right and legit, and pay it all back, that I'm still going to be in serious trouble.

Get some proper advice from a proper solicitor. Take in your DWP letter and your statement of the bank account.

Only then will you know what you face.

D70

VeryScaredPerson

thank you. i dont have a statement for my ISA, it's just abook. will that do?

I'm frankly feeling like topping myself at the moment, it's all so bad

dseventy

VeryScaredPerson wrote: »

thank you. i dont have a statement for my ISA, it's just abook. will that do?

Ask the DWP, if thats all you have, thats all you can show.

VeryScaredPerson wrote: »

I'm frankly feeling like topping myself at the moment, it's all so bad

Ring the samaritans. 08457 90 90 90

D70