Received an interview under caution letter - please help

tibawo

I got in from work just over an hour ago and have got myself in a real state as I have received an interview under caution about housing benefit.

Obviously it is out of hours for me to contact my CAB but I am not going to be able to sleep now. I've googled and the articles all seem to suggest that I need to take someone with me, has anyone ever been on their own?

I have dug out my claims changes that I send and can't find any post office receipts about letters I sent last year about my change of job which has cause me to get really worked up. So much so I did a calculator thing it suggest that I have been overpaid about £3000. If this is right then I will happily pay it back. But I have never been I trouble in my life before and have read all about people going to court and being in the newspapers which my family Will disown me for.

Will I go to courts? What will happen to me? Is it worth me sending payslips again or will this make it worse? Do I just take to interview? What do I tell work to get the morning off? I just so embarrassed and worried now. I've literally just finished paying my IVA and was looking forward to getting back on track, now I just feel I'm a total failure.

Morglin

Attend the interview, with all of your paperwork and payslips etc.,

Be honest and truthful with all the questions, because, usually, if someone has made a genuine error, they won't take you to court or anything like that, although you will have to pay back any overpayments.

This is taken a x amount a week from whatever benefits you get, if you get them, or, if not, from whatever source your income comes from. You can take someone with you, if you want to, but you don't have to.

I seriously don't think this will get to the point of 'court, publicity and being disowned'!

The only ones they take to court are those with very large amounts of money involved, or those who deliberately intend to defraud, and may have done it more than once.

But, do phone the CAB, or another advice service, who will be used to dealing with all this and who will be able to give you fuller information.

Lin

CKhalvashi

Lin's advice is spot on.

If it's a genuine mistake, as it seems, then there shouldn't be an issue.

I've gone along to around 100 IUC's as a Cllr, about 50% was found to be an error, and only 1 of these (where there was severe dishonesty, and for a much larger amount) ever hit the press.

CK

tibawo

Thanks. Not slept well at all. Did no work and not eaten since got I from work.
Went back to read letter and says it is a change of income related.
Don't know what to put down on sheet for time off as they like to see copies of appointments etc.

Morglin

Perhaps just tell them it's for a personal matter, involving a family member, and leave it at that?

I wouldn't think they have any right to know anything more, especially if you are taking a half day's leave.

I really wouldn't get too stressed with all this - letters get lost, mistakes happen and it's just a case of dealing with them.

I used to work for the DWP, some years ago, and did lots of these interviews, and quite honestly, it's cheaper, and easier, for the department just to get the money back for cases like yours.

The reason some appear in newspapers is that usually they are extreme cases that they have taken to court to prove a point. (Sort of man who says he can't move found to be water-skiing!)

Cases like yours happen daily, and you will never be on the department' "Most Wanted" list!

Lin

Elvisia

I've just been speaking to a friend of mine who is a barrister who represents people in your situation, and she says they are only interested in getting the money back, and would only take it to court if it was very blatant and in the tens of thousands. Many people get an overpayment of your size. Once you've been to the meeting you'll know what it's about and then can give them all the appropriate documents, I took mine in which they copied then was asked to send them in again (!!). I had an overpayment which I paid back and it was fine (the only stress was me over worrying about things). The letter is automatically generated and is not written in a nice friendly style, I think they tend to unwittingly put the wind up people.

princessdon

Exactly - they don't want fraud used as a word. Genuine errors happen and as long as you pay back what is owed they don't pursue it.

tomtom256

I'm sorry but you have to prepare yourself that legal proceedings could be taken against you. You could also be offered an administrative penalty or a caution once the actual overpayment is calculated.

Anything over £2k is pretty much an automatic prosecution in this day and age with LA's and/or the DWP.

The charge will be failing to promptly declare a change in your circumstances in the prescribed manner you knew affected your entitlement.

If all they were interested in was getting the money back they wouldn't call you in for an interview.

NYM

tomtom256 wrote: »

I'm sorry but you have to prepare yourself that legal proceedings could be taken against you. You could also be offered an administrative penalty or a caution once the actual overpayment is calculated.

Anything over £2k is pretty much an automatic prosecution in this day and age with LA's and/or the DWP.

The charge will be failing to promptly declare a change in your circumstances in the prescribed manner you knew affected your entitlement.

If all they were interested in was getting the money back they wouldn't call you in for an interview.

I've read many threads on here about overpayments and being called in for an interview. Yours is the first post I've read that suggests an 'automatic prosecution'

I_know_my_ABC_and_my_CMYK

Elvisia wrote: »

I've just been speaking to a friend of mine who is a barrister who represents people in your situation, and she says they are only interested in getting the money back, and would only take it to court if it was very blatant and in the tens of thousands. Many people get an overpayment of your size. Once you've been to the meeting you'll know what it's about and then can give them all the appropriate documents, I took mine in which they copied then was asked to send them in again (!!). I had an overpayment which I paid back and it was fine (the only stress was me over worrying about things). The letter is automatically generated and is not written in a nice friendly style, I think they tend to unwittingly put the wind up people.

I totally agree with this. My son went overseas to get married , his wife isn't English and whilst there her mother became seriously ill. They didn't feel they could leave and come back to the UK due to not knowing if she was going to survive or not.

I received a phone call from him from benefits and because he wasn't available to talk to them they passed it onto Compliance who came to the house to visit.

Anyway to cut a very long story short I explained the situation to him and he nodded and yep totally understandable ask him to contact me when he gets back and that's it. No court case, No papers, no problems just an overpayment to pay back.

He worried himself very near to an ulcer until the compliance guy told him straight it wasn't going to go any further.

The worrying is always the worst with the fear.

Good luck, you'll more than likely be fine

Just to add we actually think someone reported him out of spite.

CKhalvashi

NYM wrote: »

I've read many threads on here about overpayments and being called in for an interview. Yours is the first post I've read that suggests an 'automatic prosecution'

I'm with this.

The deal is, that if you're willing to pay it back, you won't be prosecuted.

I have only dealt with 2 prosecutions in the last 8 years, in the 100 cases I've represented, and these were both for 5 figures, where there's been blatent misrepresentation.

I also dealt with a case where there was a £6000 overpayment, because of a few hours of overtime each week, over about 4 years, which built up. This wasn't prosecuted, and the money was paid back over a 2 year period.

There is a lot of discretion in what will be prosecuted, and the government is more concerned about interviewing and trying all other avenues to prosecution, on the condition that it seems a genuine mistake.

CK