To be "interviewed under caution"

rapido

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Morglin

I suggest you contact either:

http://www.citizensadvice.org.uk/

or

http://www.clsdirect.org.uk/index.jsp

If you explain the whole thing to them, they will be able to advise you.

Lin

kelloggs36

They can't interview you under caution if they have already discussed the overpayment with you - if they do then they are in breach of PACE 1984 (Police and Criminal Evidence Act). You do however need to attend the interview although you can rebook it to be a more convenient time. If you don't attend, then they could send the file up to the solicitors who may apply for a Court hearing and then you would be summonsed to attend Court.

The interview is your chance to put your side of the story. You had the right of appeal against the overpayment and if you are correct in that you told them of your leaving date and they overpaid you after this, then you don't even have to repay it as it is official error.

kelloggs36

just to clarify, it depends on what the conversation was whether they can interview you under caution. If they just talked about the amount and how you were to repay it then they could still interview you as they want to take action on a failure to disclose a material fact. If you have evidence that you disclosed the correct date then you really have nothing to worry about. However it is not normal for them to calculate the overpayment before completing the investigation first.

rapido

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rapido

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minimadtrix

The key word here is MIGHT. Unfortunately if someone alleges that someone might have been committing benefit fraud, it is more than likely that you're going to be interviewed under caution to get your side of the story.

The key fact here is if you've not done anything wrong, you've got nothing to hide. But just think back, undeclared work could be anything from helping a mate out to getting commission from doing an Avon round. Of course it could be something to do with your self employment - if you've still got your accounts, perhaps you should take them along with you.

It's how Joe Public perceives it and although some busy bodies are quite helpful in these cases, others might just have a grudge against you.

It's interesting that they've found out where you're now working - I know it sounds silly, but have you got any enemies that knew you at the seaside and know where you've gone to, that might want to try and set you up?

I know it's easy for me to say, but don't worry too much about it and keep us posted.

rapido

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suelees1

There seem to be two issues here - one the original overpayment which you agreed to repay and so are way out of time to appeal now. The other seems to be undeclared income for which they've interviewed you. It's all a bit confusing so it's difficult to fully advise you.

In any recoverable overpayment decision you're given the right of appeal and must do so within one month - up to 52 weeks if you have continuous good cause. Have you done so ? If not you've now no choice but to accept the decision. If they can't recover it from your ongoing benefit they'll treat it like any other debt which they can eventually recover through the civil court if you don't make a reasonable offer of payment.

And another thing - if your landlady didn't give you the correct statutory notice period last year it was probably an unlawful eviction and you should have sued her. A lot of private landlords/ladies like to think they're above the law. They certainly aren't and shouldn't be allowed to get away it.

Penny-Pincher!!

rapido wrote: »

They basically tried to claim that I'd been earning money from a ltd. company that I was listed as secretary as, and that it would be judged that I am "guilty of fraud until I can prove I am innocent". The company was formed about 9 months before I left the place.

I am pretty sure that they have to prove your guilty and do all the enquiries:- not you prove your innocent!

PP
xx

rapido

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