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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi could I get help I have recieved a letter for an interview

Resolved Question:

Hi could I get help I have recieved a letter for an interview under caution
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Could you please explain the situation a little more?
Customer: I'm not too sure why I received a letter staing that they had reason to believe I may have committed a criminal offence but i haven't o the best of my knowledge. It is regarding income related eesa
Customer: The only thing I can think of is that I received an insurance payout following a burglary for £29k but I didn't declare it as I Didnt know I had to as it was insurance not income
Customer: I am really worried. I have had 2 nervous breakdowns in the last 5 years and can't cope with this
Alex Watts : Ok, is the letter from the council ?
Customer: It's from the social security agency
Alex Watts : Ok. It's bad news I am afraid. You should have declared this. It is a change and you should declare it.
Alex Watts : Any payment over £16,000 may affect benefits and I am sure this is what it is about
Alex Watts : You may have committed an offence by not declaring it.
Alex Watts : As such you need to be honest. They already know about the payment as they will have your bank account statements
Alex Watts : Therefore own up and say you did not know.
Alex Watts : But this is what it's about.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Alex Watts : Can I clarify anything for you about this today please?
Customer: I thought because it was to replace goods damaged it wasn't an income or wouldn't be declared as capital. I have no other money. If my solicitor contacts the office can they be told exactly what the allegations are?
Customer: Also what will happen? I am on many drugs including lorazepam and diazepam. I am bed ridden and the whole situation has confused and scared me.
Alex Watts : That may be the case but you should have declared it, even if it was discarded
Alex Watts : At worse you may have to pay back any overpayment
Alex Watts : Or once you let them know what it was for and they clarify with the insurance company they may take no further action.
Alex Watts : But yes ask your solicitor to clarify the position.
Alex Watts : Does that help?
Customer: Are you still there
Customer: After a period of 6 weeks the house items were replaced and the money was spent. Does this mean I was on,y overpaid for 6 weeke
Alex Watts : Possibly yes. But if it was replacing existing items I would hope they would be sympathetic
Alex Watts : Can I clarify anything else for you?
Customer: Will they tell a solicitor over the phone exactly what thus is about and could he deal with it without an interview under caution
Alex Watts : Yes to the first and the may to the second. You can't say for sure,
Alex Watts : It's a matter for the DWP how they deal and proceed
Alex Watts : They may or may not wish to still interview you l
Customer: Im really worried about this I don t feel mentally able to attend an interview
Alex Watts : Of course. But speak with your solicitor who can speak with them.
Alex Watts : Can I clarify anything else for you?
Customer: Could I go to jail
Alex Watts : very unlikely.
Customer: Could my benefits be stopped if so I could not afford to live
Alex Watts : Unlikely. There may just be an overpayment for those 6 weeks
Customer: Will they try to understand that I didn't do this on purpose as I was in no way trying to commitbfraud
Alex Watts : Yes of course
Customer: I am very worried about this as I was not trying to commit fraud. I honestly didn't know that I had to declare it. I have never offended before. The letter was quite frightening. Is this a standard practice to know nothing until an interview under caution letter is sent. Also will a decision be made on the day
Alex Watts : Yes I understand. It's unlikely they will make a decision there and then.
Alex Watts : But your solicitor can make representations
Alex Watts : Does that help?
Customer: What does that mean
Alex Watts : Your solicitor can say his piece and they can make a decision whether or not they will do anything.
Alex Watts : But that decision may take a week or so
Alex Watts : Does that clarify matters?
Customer: Is there anything else that I would need to be aware of
Alex Watts : No, not at this stage.
Alex Watts : Does this answer the question for you today?
Customer: Thank you x
Alex Watts : Good luck with this and if I could invite you to rate my answer before you go.
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