To be "interviewed under caution"

Fran

rapido wrote: »

Hi there,

many thanks for your reply. I am not too good with being argumentative on the 'phone. I will try the CLA again (or is it the CLS?), but I doubt they will bother to help.

They will try to help but you have to persist until you get an answer or they tell you someone that can help.

The last time I tried (last year) was about half a dozen people waiting, and I waited half an hour and the queue didn't change at all. So this time I must go long before they open and just wait.

Yes go before opening time so that you get seen soon. Half hour is not long to wait in a CAB, the trouble is that many people leave it until complicated before they visit so each interview with an adviser can take a long time!

rapido

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Fran

The important thing now is to keep at it. You've got somewhere even though it doesn't feel like it I'm sure!

CAB will see you, you'll have to wait but once you have spoken to an adviser you will know where you stand and this problem won't seem as bad. CAB advisers can ring on your behalf too, so let them ring the council with your permission when you are there.

msmicawber

Don't know if these are of use to you, Rapido, but why not give them a try:

http://www.lawcentres.org.uk/directory/detail/haringey-law-centre/

If not, here's the full list:

http://www.lawcentres.org.uk/directory/location/

CABs are wonderful and I won't hear a word against them, but there are some occasions when you need to speak to a lawyer, and I suspect this may be one of them. Good luck.

deary65

As the above poster has said you need good legal advice. Had you have seen a lawyer, They would have written asking for the evidence before any interview.

Rice v Connolly [1966] 2 QB 414 in which which Lord Goddard CJ stated:

"It seems to me quite clear that though every citizen has a moral duty or, if you like, a social duty to assist the police, there is no legal duty to that effect, and indeed the whole basis of the common law is the right of the individual to refuse to answer questions put to him by persons in authority, and to refuse to accompany those in authority to any particular place, short, of course, of arrest."

Further and in particular a corporation has only one capacity and that is a legal capacity therefore it cannot make mistakes, that is why they are giving you the run around it is most probable their mistake. Good luck and get legal advice!

rapido

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suelees1

As you say any appeal is now out of time. You'll therefore need good reasons for late appeal and also good grounds for appeal. I'd still suggest you seek advice from someone who specialises in benefits law.

With respect to earlier posts, in my opinion at this point a lawyer will not be of any help unless they specialise in benefits. They will only be of any assistance if there is an ongoing fraud investigation which results in prosecution. Lawyers can defend you in court but they usually know nothing about benefits.

I know this as my specialism is welfare law. My colleagues in the crime dept will always refer to me to look a the benefit side of it while they would deal with any prosecution.

Anyway from what you've said it seems to me the fraud investigation is over with now. Check with the LA and see if they're recommending sanctions such as formal caution, Administrative Penalty or prosecution. Hopefully not and they'll just want to recover the alleged overpayment.

As for the LA letter - it might be 'standard practice' to apply a set amount if your income is unknown but this sounds very vague to me. Ask them what specific Housing Benefit regulations they've used!

I'd strongly advise you to provide your income details for the period in question so they can reduce it before it gets to appeal. The chairman of the Tribunal Service will not be too happy with them if you've provided all details and they've done nothing about it.

To answer your query no it won't be disadvantaged if you send in your income details and continue with the appeal. In fact it's all part of it - you are sending your own evidence to prove that you have not been overpaid.

Everything you send in will become part of an appeal bundle which will be sent to the Tribunal Service by the LA to be considered at hearing. These hearings decide your appeal on what is called the 'balance of probabilites'.

Very often if you send enough info the LA can change the decision before any hearing and the appeal will then lapse.

If you want to send me a private email with your postcode please do so and I'll see if I can find someone near you who might be able to assist.

Glittermonkey

There was a case similar to this a while ago. A man formed a company but wasn't actually trading or earning from it, he got taken to court and found guilty but sucesfully appealed.

http://www.lawreports.co.uk/WLRD/2007/CACRIM/jun0.4.htm

I'm sure if you google it you will find more info.

rapido

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suelees1

Hi rapido, following out personal emails did you manage to find a specialist from the info I sent you? If you did they'll be able to help.