Interview Under Caution for Undeclared Capital.

tomtom256

vax2002 wrote: »

Unfortunately they will not disclose any case information prior to interview or prior to (unlikely) appearance at court.
They will ask a series of questions and record the answers.
That could be the last you hear other than a letter to say the investigation is closed.
The "big file" is part of the psychology, often it is just general claim notes with a single sheet which could be a transcript of a call from an informant, the big file gives the impression they know everything, it's usually the same file, a old ring binder that looks big.
So don't go in expecting them to put the cards on the table, they don't.
If it's just spite, they will ask the questions they require information from, make the decision and inform you.
If they pull up something in questions you feel needs more thought, stand up, suspend the interview and make an offer to reconvene at a later date.
Remember at all times, this is for them to obtain information, not for you to prove innocence, they either have enough information to move forward or they don't.

I generally advise two camps on these, if your 100% innocent, cooperate 100%.
If you are guilty, shut up, use your right to silence and stay shut up until charged, or at least until you get a legal aid solicitor, which is after you are charged.

This is complete tosh.

If they didn't have any evidence as such to show you they wouldn't even call you in, trust me. Look up PACE, they cannot go on a fishing excercise, this is not the 70's.

Any IUC is the chance for the suspect to have there say and offer an explanation to the evidence held.

I would expect they have bank statements showing the loan going into your account, which I trust is the same account your benefits are paid into and have no way of knowing what the money has been used for without questioning you further.

As a criminal offence may have been committed they have to do it under caution its as simple as that.

Obviously Vax is right in that you have the right to no comment and for legal representation, but the majority of people do not bother with this recourse.

Disclosure can be given to you prior to the IUC, although not common practice as most investigators only do it if legal representation attends.

Vax would appear to be stuck in the old school way of doing things and not current on the way investigations and interviews are conducted in today's world. Without evidence IUC do not happen or at least should not happen, if they had no evidence then a visit or an appointment from a compliance officer would have happened.

trixiedog

So what exactly have I done wrong with the loan for the car? Are you not allowed to take out a loan whilst on benefits? Surely they can see the money coming in from my bank as a loan. I also have paperwork to state it was a loan.
Say for example I had to do a home improvement eg I needed a new heating system and I got a loan to fund this project. Is that not allowed? Am I expected to fund this on benefits? or leave my family freezing. Not being wide...just want to ensure I know the rules as my credit rating is actually good and I know that once this loan is paid off that my bank wouldn't hesitate on giving me another loan and I wouldn't have hesitated on taking out another loan but want to ensure I am staying within the law. I assumed because this is not technically my money then this is no big deal and wouldn't have thought for one second that I needed to let anyone know about this.
The loan was taken out 3 year ago and did go into the account that all my benefits go into. I was not trying to hide anything and didn't realise that was wrong.

Cate1976

Just want to say that if loans are counted as capital, my husband & I are screwed. My parents have lent us money, 2 seperate big loans and a few smaller ones, total is over 6K but we're paying them back. Benefits have asked me for 12 months worth of bank statements, I asked about the biggest loan and was told that it shouldn't be a problem but after reading that loans are capital, I'm worried. The smaller of the 2 big loans is actually several things added together. Thinking it might be an idea if I ask my Mum to do a letter for the benefits saying what the loans were for?

~Chameleon~

pmlindyloo wrote: »

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

Yes, the bank loan exceeds the capital limit so will have triggered the investigation. The same goes for credit card transfers too. Even though it's not technically "your money" it's still classed as capital for benefits purposes.

OP, you will need to get any paperwork together relating to the loan, including bank statements to show when you received it, any repayments made and when exactly the car was purchased. They need to check this money isn't still in your possession, and yes, it does take them several years to catch up on matters so won't be anything as recent as you signing for your mum's account. This could possibly come up at a future date though so make sure you double check that you are just a signatory and not a joint account holder.

trixiedog

You think I'll get into big trouble for this and do me for fraud because I didn't declare this?

princessdon

trixiedog wrote: »

You think I'll get into big trouble for this and do me for fraud because I didn't declare this?

No - just show the purchase of the car.

~Chameleon~

trixiedog wrote: »

You think I'll get into big trouble for this and do me for fraud because I didn't declare this?

No, they just need to clarify where this money is now. If it was still in your possession then they could claim an overpayment of benefit but you can clearly demonstrate the loan was used to purchase a car.

fredandwilma

trixiedog wrote: »

One thing I find strange is that both my husband and I claim community tax benefit and the bill comes in in both our names. Why is it only me getting pulled in and not my husband also? The mortgage is also in both our names although that is DWP and they have said that they are not involved and will not be attending the interview. Maybe that does make the part about my mums account more plausible as it is only me who is a signatory.

Just a thought, but are you both claiming community tax, (council tax?) benefit separately?

Your partner is someone you live with as though you are a couple. You will be jointly responsible for your Council Tax bill. Any CTB will be worked out on your joint savings and income and only one of you should apply.

Might be an explanation? May be wrong, though.

ceecee1

If it is the car loan - then it is likely that they will have your bank statements. Just bear in mind that this will just show a large amount of money going in and then just going out again.

Until they ask you they will have no idea that this money has been used to buy a car. And that is the purpose of the IUC - it has to be done under caution just in case that money was obtained for some other reason. It could be anything from work, an inheritance, payment from insurance - or anything that you could possibly think of.

Just take the paperwork for the car - tell them that you bought a car as you get DLA and didn't want a motability car. That should resolve everything.

Just because you have been called in for an IUC doesn't mean that you have committed a crime - its just the way that the law works in this country - if someone who had comitted a crime wasn't IUCd then no further action could be taken. And until they speak to you there is no way they could know where that money has come from and what you have spent it on

McKneff

I'm quite surprised that you actually got a loan whilst you were on benefts to be honest.