Interview Under Caution for Undeclared Capital.

trixiedog

I'll go to my mums bank tomorrow and ask if they can type up a letter to prove the accounts belong to my mum and not me. I don't want to mention to my mum as she worries about things like this. This is the most recent thing that I have done and the form was signed about 6 months ago or so. Is it most likely to be something that has happened fairly recently? I have racked my brains and looked through accounts for the past 4 years. I received a bank loan of £7500 for a car about 3 years ago but other than that, there is nothing.

vax2002

They do not have to show you any proof, the only time you can see any evidence is when your solicitor requests disclosure prior to a court hearing.
Again these are not the answers you want ?.
You will be placed under caution and ask a series of questions, your answers will be written down and a decision made based upon them to placfe a file at the CPS.
Most of the people on here have never set foot in an interview under caution so have little idea of what to expect, let alone tell you.
I have sat in on dozens, there will be nothing informal about it, it will be worrying, but as I have said:
If you have done nothing wrong, you have no cause to worry about anything, you wont be charged.
What I will say, is of the dozens I did sit in on, only a very small portion ever faced further action, often they are investigations in to malicious information, but it has to be investigated.

trixiedog

I hope to god that is the case and it is someone being malicious as I am racking my brains trying to think of any thing at all which could warrant this as assumed an Interview under Caution would warrant actual evidence of some sort.

pmlindyloo

trixiedog wrote: »

I'll go to my mums bank tomorrow and ask if they can type up a letter to prove the accounts belong to my mum and not me. I don't want to mention to my mum as she worries about things like this. This is the most recent thing that I have done and the form was signed about 6 months ago or so. Is it most likely to be something that has happened fairly recently? I have racked my brains and looked through accounts for the past 4 years. I received a bank loan of £7500 for a car about 3 years ago but other than that, there is nothing.

I believe that bank loans should be declared as capital. I hope that someone else can confirm this.

OP, I know you are seeing a solicitor tomorrow. Have you checked to see if you are entitled to legal aid?

There is a useful calculator here http://www.direct.gov.uk/en/Governmentcitizensandrights/GettingLegalAdvice/Gettinglegaladviceandlegalaid/DG_195390and also some advice about who you can contact for specific help from a suitable solicitor.

Who recommended the solicitor to you? Solicitors have certain areas in which they specialise so do check that you get the best one for your circumstances.

I would second CAB's advice and have a solicitor represent you at the interview.

vax2002

There is no entitlement to legal aid, you can have a solicitor, it has to be paid for or a lay person representative, or a friend or relation.
Again not the answers people want to hear, the truth never is.

vax2002

A malicious report is evidence until proven otherwise.
Even if it is stupendously malicious it has to be investigated and interview under caution is how it is dealt with.
It may be this it may be something else.

ceecee1

Just to let you know what probably will happen .... the interview will be taped, just forget about that - once everything is underway just forget about the machine. There is a set format that is to be gone through where everyone needs to say their name so that the typist can correctly type up a transcript of the conversation,

You WILL be shown what has made them think you have capital and asked for your explanation.
You can have a friend or someone with you for moral support but they are not allowed to answer for you.

It shouldn't be like an interrogation, but I cant speak for the individual investigator. You will be given a chance to speak - after all that is what you are there for.

If there is anything that you dont understand - dont be too scared to ask.

There is no necessity for the investigators to write anything down unless its just a few points for themselves, after all that is what the tape machine is there for.

If you find that this is about something that you dont know about you can always ask for them to suspend the interview whilst you go away and get further information or advise.

As daunting as this may seem dont listen to the scaremongers - go and tell the truth - if as you say you have no savings, property, ISA's, stocks and shares, etc etc then you have nothing at all to worry about.

Good Luck.

ceecee1

vax2002 wrote: »

A malicious report is evidence until proven otherwise.
Even if it is stupendously malicious it has to be investigated and interview under caution is how it is dealt with.
It may be this it may be something else.

No if a malicious report is made and after investigation NO EVIDENCE IS FOUND then the report is closed without even the person knowing about it

trixiedog

pmlindyloo wrote: »

I believe that bank loans should be declared as capital. I hope that someone else can confirm this.

OP, I know you are seeing a solicitor tomorrow. Have you checked to see if you are entitled to legal aid?



Who recommended the solicitor to you? Solicitors have certain areas in which they specialise so do check that you get the best one for your circumstances.

I would second CAB's advice and have a solicitor represent you at the interview.

I got the bank loan out about a year after my first claim and immediately bought a car. I am still paying the car loan. My bank can verify this. It was either a bank loan for a car or a mobility car with the mobility disability. I opted for the car loan. Maybe it's that. Didn't think anything of that at all. My bank had no problem giving me the loan and I have never missed a payment. I need a half decent car because of my family's disabilities. Need one that is less likely to break down and fortunately this never has. Also need a big boot for a wheel chair.
CAB recommended solicitors altho only 1 of the 6 are available to speak to me and haven't confirmed legal aid ok. CAB didn't know if I'd get legal aid. She read everything straight from a book and said she didn't know. She couldn't advise me either about this interview which is why I'm on here. She just read from a book n said under no circumstances should I go in alone.

somethingcorporate

Did you loan land in your bank or was it finance via a company?

If it hit your bank account then this would put you over the lowest threshold for declaring it and may (although unlikely) have been a flag.

My guess is to agree with the other that suggest it is to do with being a joint signatory on your mothers account. Fortunately, this is easy to prove this is not your money nor do you have access to spend it.

Good luck and keep us informed as to how it goes.