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Interview Under Caution for Benefit Fraud investigation
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Mumof1littlegirl wrote: »It's baffling Bob. But he got that information some way. And the only way he could possibly have it is from my insurance company disclosing who makes my payments, or by having my exs bank statements. And the interviewer didn't tell me how he got the information. And I stupidly didn't ask. Looking back I should have. But it's definitely something to keep in mind if it gets taken any further. Unfortunately I'm a bit clueless and don't know what the DWP are allowed to access and what they're not.
Am I correct in believing that the DWP aren't allowed to access bank statements of someone who is NOT claiming anything or under investigation?
According to the Housing Benefit poster earlier in the thread, the fraud officers at the DWP and LA pick up the phone to quote authorising legislation to banks and the like. I'm guessing that they don't need to justify why they want the info or have a magistrate sign a warrant.
If I'm right then minor bureaucrats have enormous power invested to them and your ex's and any other third party's privacy can be intruded upon.
I would have been surprised once upon a time but Britons have long since become the most watched people in the world.0 -
DVLA are not the DHS, if he is not living at your address, where his licence and car is registered is not your problem and if you do not want attention of fraud investigators I suggest you make it his problem to get them changed as quickly as possible.
I do have to say reading your explanations, it does look like they have you bang to rights here.
A lot of excuses and explanations that all appear to add up to what they are accusing you of, living with someone and drawing benefits, if this is not the case then I suggest you get to work on the number of excuses you have running and cut them down, they are like spinning plates and sooner or later they are going to fall the more you have.
I suggest if he is not living with you, you get him and his affairs cut off immediately from your address .
If you are put before a jury, the prosecution will have a field day with all these spinning plate excuses.
You are in a fight for your freedom here, that has to come before your ex's problems .
I suggest you sit down and put your priorities in order, your ex and his cheaper car insurance and "address problems" or your freedom.Be happy...;)0 -
Hi
There was a case on here where everything relating to a daughter was registered at mum's address; she had even given it as her address for the job she has with the local Council and any letters from work went to mum's address.
Who were investigating mum because she was claiming CT single allowance, CTB and Housing Benefit.
Actually, in appeared that daughter was "protecting" BF's mum by not using the address where she had lived with BF for the last 2 years.
The Council accepted the situation and took no action against mum.If you've have not made a mistake, you've made nothing0 -
Mumof1littlegirl wrote: »I don't like the way you are accusing me of having 'excuses'. I have merely answered questions and given explanations to those questions. I'm sorry if you think they have me banged to rights.
Also, I have never mentioned about my ex getting 'cheaper' car insurance....and as for my freedom, so basically you are saying I will go to prison?
I am accusing of nothing, I am pointing out that your excuses are more than enough to convince a jury, they need removing immediately, I do think you are kidding yourself as to the seriousness of the situation you are facing.
Yes if you are charged you can be sent to prison, hence the absolute and utter need to prioritise you needs with your ex's needs.
They do not have to prove anything, they only need to convince a Jury that your excuses add up to guilt.
It matters not if you are really guilty or not, that is not how justice works.
At present you have multiple excuses like spinning plates, you can hang on positive comments or you can face up and take some more practical advice about the seriousness of the situation and stop kidding yourself.
You are claiming not to have your "ex" living with you whilst you claim benefits, but a trail of paper suggests other wise linking him to your address , I would recommend you cut this trail off immediately and let your ex sort his own affairs and you concentrate on yours.
From what I have read over this thread, I would not rate your chances if you are charged, plead not guilty and are taken for Jury trial .
I do not know if you are "at it" what I am pointing out is it certainly looks like it and if that is not the case, then sort it out very quickly.
If this is not want you don't want to hear then I will offer you an alternative that may be more palatable.
"It ill be ok hun"
I think you know which version is nearer the truth.Be happy...;)0 -
Mumof1littlegirl wrote: »Hi Bob.
I don't think he was able too. He found out my car insurance details, and contacted them and asked how and who by all my payments were made. They obviously told him that the 1st payment had been made by a debit card in my exs name.
In the interviewers defence, he never mentioned he had my exs bank statements etc...only mine. And because I'm being investigated he had the authority to look into all my finances.
I'm pretty sure he would have rang all the utility companies too, and tried to find out the same information, but of course, ex hasn't paid any payments to them, only me, from either my account or my debit card....so that would have shown nothing. All that came back was one solitary card payment for insurance.Mumof1littlegirl wrote: »It's baffling Bob. But he got that information some way. And the only way he could possibly have it is from my insurance company disclosing who makes my payments, or by having my exs bank statements. And the interviewer didn't tell me how he got the information. And I stupidly didn't ask. Looking back I should have. But it's definitely something to keep in mind if it gets taken any further. Unfortunately I'm a bit clueless and don't know what the DWP are allowed to access and what they're not.
Am I correct in believing that the DWP aren't allowed to access bank statemets of someone who is NOT claiming anything or under investigation?
He told you or he didn't? and certainly no insurance company would disclose how anything is paid or indeed would know what the name is on the debit card.:j0 -
I remember that earlier case about the woman's daughter who was still registered for post, job, car etc at her address despite moving out some years earlier - it was THIS one
https://forums.moneysavingexpert.com/discussion/4595479I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Mumof1littlegirl wrote: »I have just sat and typed out all about the interview....took me an hour. Whilst I was doing it, this site must have signed itself out. I tried to post it. And I lost it all. I could cry.
If ever that happens again just click the back button on your browser and it will return to where you left it. But also, as an extra assurance, if it's a very long post then "copy" it before you submit.“You can please some of the people some of the time, all of the people some of the time, some of the people all of the time, but you can never please all of the people all of the time.”0 -
spacey2012 wrote: »DVLA are not the DHS, if he is not living at your address, where his licence and car is registered is not your problem and if you do not want attention of fraud investigators I suggest you make it his problem to get them changed as quickly as possible.
I do have to say reading your explanations, it does look like they have you bang to rights here.
A lot of excuses and explanations that all appear to add up to what they are accusing you of, living with someone and drawing benefits, if this is not the case then I suggest you get to work on the number of excuses you have running and cut them down, they are like spinning plates and sooner or later they are going to fall the more you have.
I suggest if he is not living with you, you get him and his affairs cut off immediately from your address .
If you are put before a jury, the prosecution will have a field day with all these spinning plate excuses.
You are in a fight for your freedom here, that has to come before your ex's problems .
I suggest you sit down and put your priorities in order, your ex and his cheaper car insurance and "address problems" or your freedom.
I must say that the ex's months on end couch surfing is eyebrow raising and so is their relationship which comes across as a little too amiable but unless they can produce evidence that he's been kipping there - and regularly - then cohabiting isn't going to stick.0 -
He told you or he didn't? and certainly no insurance company would disclose how anything is paid or indeed would know what the name is on the debit card.
Is there really any point in harassing OP? Surely that's the investigating officer's role?
*If* OP is not telling the truth, you can be sure there will be sufficient evidence for the decision maker to come to the appropriate conclusion - but she certainly does not have any obligation to respond to cross-examination on a public forum.
DaisyI'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
The information is obtained under RIPA investigative powers, this gives them total access to all financial information held by any organisation on either party involved in the investigation.
This overrides any data protection.
Anything that has any relevance can be demanded, from phone signal traces, to bank accounts, to insurance payments, basically any data or information they feel is relevant to the investigation must be provided immediately as is possible.Be happy...;)0
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