Called into interview under caution and felt bullied, what are my rights?

stressedclaimaint

I went to an interview under caution where I went prepared to admit any overpayment that may of happened and happy to pay back anything that I would of been underpaid due to me misunderstanding my rights(it was about me claiming at 2 properties whilst I moved which I thought you could claim a run on which was wrong)

At the interview they refused to let me take notes or use my own recorder plus had 2 of them there and the whole interview was them huffing and treating me like a criminal and each time I tried explaining myself their words were that "you are talking nonsense" and that it was suspicious I checked my rights online but didnt know I got the run on situation wrong, and at one point they twisted my words when they showed me my claim form and said that it was filled in and signed by me(when it was filled in for me by the councils reception staff!) then made me read out a part that incriminates me i.e when it says "have you told your old council you moved" and the strange thing is no was ticked then scribbled over and yes was ticked(so that would mean I may not of ticked yes) and I was pressurised into saying yes.

A few times I explained I have serious depression and I have asprgers and dyspraxia so I get confused easily and they kept on saying "you werent confused enough to fill in the form"

Basically the whole interview was them telling me that they didnt understand my point of view therefore I was lying/covering my tracks and at one point I had enough as I felt bullied and they said that they dont believe me when I say I have disablities as I would still have enough sense to double check my rights etc so I finally spoke over him and asked if he was medically trained to know about autism and depression and all of a sudden he said "oh I think the interview should finish now"

Then when the interview finished he told me that at the start before the interview started if I admitted I wrongfully claimed as I was short of cash they would of wiped it but as I tried to defend myself the will ask for the money back plus 30% fine!! but passing details on and might even prosecute!

So wanted to check if they were right not letting me take notes or record and basically intimidating me, also I am not sure about complaining or just writing a message since he said if I "admitted" what I did debt would of been wiped, however since I was answering their questions I feel I was never given the opportunity to say if I did owe money I would of happily paid it back.

real1314

Did they tape the interview?
Did you get a copy of the tape?

If not, you can ask for a copy. They are required to provide it (IIRC).

Your version sounds like they were a bit out of order, but perspective can be deceptive. Get a copy, listen to it again, perhaps get a trusted friend to listen to it alone and see what they think? :cool:

vax2002

You had a right to silence, learn to use it.

I_love_Harrison

I have asperger's & suffer from depression so understand how anxious & confusing that experience must of been for you.

Couldn't you of taken someone with you?

I don't have any advice sorry but hope you manage to get it sorted as it's sounds very unfair the way the interview was carried out.

Maybe it might be worth trying to contact them & explain your difficulties in the hope they might let you have another interview but taking someone with you.

sunnyone

stressedclaimaint wrote: »

I went to an interview under caution where I went prepared to admit any overpayment that may of happened and happy to pay back anything that I would of been underpaid due to me misunderstanding my rights(it was about me claiming at 2 properties whilst I moved which I thought you could claim a run on which was wrong)

At the interview they refused to let me take notes or use my own recorder plus had 2 of them there and the whole interview was them huffing and treating me like a criminal and each time I tried explaining myself their words were that "you are talking nonsense" and that it was suspicious I checked my rights online but didnt know I got the run on situation wrong, and at one point they twisted my words when they showed me my claim form and said that it was filled in and signed by me(when it was filled in for me by the councils reception staff!) then made me read out a part that incriminates me i.e when it says "have you told your old council you moved" and the strange thing is no was ticked then scribbled over and yes was ticked(so that would mean I may not of ticked yes) and I was pressurised into saying yes.

A few times I explained I have serious depression and I have asprgers and dyspraxia so I get confused easily and they kept on saying "you werent confused enough to fill in the form"

Basically the whole interview was them telling me that they didnt understand my point of view therefore I was lying/covering my tracks and at one point I had enough as I felt bullied and they said that they dont believe me when I say I have disablities as I would still have enough sense to double check my rights etc so I finally spoke over him and asked if he was medically trained to know about autism and depression and all of a sudden he said "oh I think the interview should finish now"

Then when the interview finished he told me that at the start before the interview started if I admitted I wrongfully claimed as I was short of cash they would of wiped it but as I tried to defend myself the will ask for the money back plus 30% fine!! but passing details on and might even prosecute!

So wanted to check if they were right not letting me take notes or record and basically intimidating me, also I am not sure about complaining or just writing a message since he said if I "admitted" what I did debt would of been wiped, however since I was answering their questions I feel I was never given the opportunity to say if I did owe money I would of happily paid it back.

Can you explain the situation of the overpayment please?

Were you moving and claimed rent helped for two homes at once while you moved from one to the other?

And if so for how long?

And do you get DLA?

Im not being nosey, its relevent.

Yorkie1

If it was an interview under caution, are they bound by the usual rules which the police should abide by? If so, a) should the OP have had the opportunity to legal advice; and b) would asperger's / depression qualify the OP for entitlement to an appropriate adult during the interview?

If so, I suspect anything said by the OP wouldn't be usable as evidence.

Hopefully someone will be able to answer these points.

stressedclaimaint

real1314 wrote: »

Did they tape the interview?
Did you get a copy of the tape?

If not, you can ask for a copy. They are required to provide it (IIRC).

Your version sounds like they were a bit out of order, but perspective can be deceptive. Get a copy, listen to it again, perhaps get a trusted friend to listen to it alone and see what they think? :cool:

Yep was taped and I asked for a copy of the tape before the interview and was told there was no point unless it went to court where I would get a copy then!

I am a very panicky person and just worried that me being confused and panicky means that it comes across as guilt(as that was the way they seemed to treat it) and they didnt understand that I am just the sort of person who has to explain each action due to disability, even if I am late for say lectures if I was a student like in past I give a massive explaination how I left early but then the traffic was bad so I took a short cut and it was blocked off then by time I got to class I was too nervous to enter etc etc.

Just the sort of person I am

As for the reason to the overpayment what happened was I planned to move house so wrote a letter to current council saying my contract was ending at property and I wasnt continuing staying there and moving at end of contract, then found somewhere else in a different town and moved in but as I dont drive did it bit by bit and assumed I would get the 4 week run on from new council, so to me if I did tick that I told old council I was moving then that was true as I wrote that in letter.

The interviewers pretty much broke down anything I said in such a way that I found it hard to explain i.e I mentioned I didnt get reciepts for rent for the month and didnt pay a deposit and they said that as I didnt have proof of paying rent I could of pocketed the money so I mentioned they could confirm with landlord, and as the contract mentioned I paid a deposit they acted like I was lying as I was conflicting with what the contract said etc.

Finally the letter said they had been sending me letters and I had been ignoring them when they didnt arrive(I have a shared letterbox and loads of post has gone missing in past such as neighbours cheques, bank cards etc) so assume they were stolen as if it was a council letter the person opening them could of assumed it was a cheque.

They also pestered me to fill in a form about not having representation and pressurised me into filling it in so worried that ruins my rights etc.

How were they able to get hold of my bank statements btw? I am also worried they will break it down and see any luxury or non essential and accuse me of something.

[Deleted User]

have a word with these people on monday:
http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195356

Oldernotwiser

Yorkie1 wrote: »

If it was an interview under caution, are they bound by the usual rules which the police should abide by? If so, a) should the OP have had the opportunity to legal advice; and b) would asperger's / depression qualify the OP for entitlement to an appropriate adult during the interview?

If so, I suspect anything said by the OP wouldn't be usable as evidence.

Hopefully someone will be able to answer these points.

An interview under caution has nothing to do with the police.

real1314

Oldernotwiser wrote: »

An interview under caution has nothing to do with the police.

However the same rules apply. The Police and Criminal Evidence Act; aka PACE would apply to both a Police IUC and any benefit fraud IUC.

The right to representation would apply; OP has stated that they waived this right.
The asperger's issue is subjective; therefore diffilcult to comment on. :cool:

midnight_express

Benefit fraud is a crime and you can go to prison for it.