Some help please? anyone with legal nous?

[gooner4life]

My sister in law received a letter from the council stating that they have made an appointment for her to be interviewed, that she wouldnt be arrested on the premises but that the police would be there and will help investigate the case, they requested she take bank statements, student loan statements, utility bill's for her home address and utility bill's for some bungalow in wales?

Now this was the first she'd heard from them and has never heard of the address in wales, she is receiving housing benefit and obviously they believe she is doing so fraudulently.

When she originally claimed child benefit they said she couldnt make a claim as her parents were claiming for her, it turned out it was different people but there daughter shared the same date of birth and first, middle and surname's with her.

She called the council and asked what this was about and to say they obviously made a mistake and they didnt believe her and advised her to get some legal help.

Where does she stand here? she's never been to Wales in her life, how can she prove she isnt pulling a fast one here?

[Ramrod]

I would just turn up and state my case.........(with a witness in tow)

[gooner4life]

Thanks Ramrod, no legal representation then?

If they know how the benefit was paid, I suspect into a bank account, then her account will show no payments to her and the account numbers will be different.

Other things to note is that how long has she been on the electoral role for?
How long can she prove she has lived at this current address?

Can she prove her National Insurance number?
They will have copies of the signature used to claim the benefit etc.

Anything else then I suggest there are other people present when they come round, preferably a solicitor. Make it clear if they arrest her, she will pursue it as far as she can for harresment and wrongfull arrest.


Can I just say, that I know of one other person that this has happened too. They hadnt claimed fraudulently either

[Roy MM]

Funny that i was billed for council tax from an address in N Wales a couple of years ago, never lived there in my life, i eventualy got it sorted, it appears someone used my name and details in some rented accomadation, not sure what happened to them when caught.

[marky]

dont all benefit claims need your N.I number

[gooner4life]

Thanks Timewarrior much obliged, same to you Ramrod.

She is very concerned obviously and is pregnant so she doesnt need the stress, the woman at the council was very arrogant and treated her like a criminal on the phone.

[gooner4life]

Originally Posted by Roy MM

Funny that i was billed for council tax from an address in N Wales a couple of years ago, never lived there in my life, i eventualy got it sorted, it appears someone used my name and details in some rented accomadation, not sure what happened to them when caught.

How did you prove it wasnt you though?
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dilli the CAB have been absolutely useless thus far.

[Roy MM]

They sent a picture of me to the landlord.

[Rob]

If she has done nothing wrong, why a need for representation. She's got nothing to hide. From the basic facts you have posted this is a case of mistaken identity or even identity theft where your sister in law is the victim. Simply producing her own bank and similar statements, including the birth certificate and any other idenitification stuff she has should be enough to clear up the confusion.

Of course she should merely present the facts. If there is any adverse cross examination going on, that has a legal basis, warnings to that effect will be issued. If she doesn't like what she is hearing, she can decline to comment, until she has legal advice. I'd cross that bridge if it gets that far.

[gooner4life]

Excellent thanks Roy!

Greenies have been dealt out to all who it would allow me to the others said I needed to tart it about a bit first :lol:
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Originally Posted by Rob C

If she has done nothing wrong, why a need for representation. She's got nothing to hide. From the basic facts you have posted this is a case of mistaken identity or even identity theft where your sister in law is the victim. Simply producing her own bank and similar statements, including the birth certificate and any other idenitification stuff she has should be enough to clear up the confusion.

Of course she should merely present the facts. If there is any adverse cross examination going on, that has a legal basis, warnings to that effect will be issued. If she doesn't like what she is hearing, she can decline to comment, until she has legal advice. I'd cross that bridge if it gets that far.

She thought it would be as simple as that, however the woman at the council said something like "Everybody tries to pull that one" when she said "i havent ever been to wales in my life and this obviously isnt me"

[Aragorn]

I would probably get the local CAB to find her a solictor willing to attend the meeting with her - I assume she will not be able to afford one herself.

[gooner4life]

Originally Posted by Aragorn

I would probably get the local CAB to find her a solictor willing to attend the meeting with her - I assume she will not be able to afford one herself.

The CAB have put her in touch with 3 solicitor's so far, all 3 have declined to represent her as they represent the council in one way or the other and feel it would be a conflict of interest.

[Aragorn]

Assuming she is in England, have a look at the legal aid website - http://www.legalservices.gov.uk/

If she is in Scotland, the corresponding site is http://www.slab.org.uk/

[Rob]

Remember that in any case where fraud is being alleged, as this is a criminal offence, there would be a need for absolute prrof, not just conjecture. Somebody has matched up two similar paper identities and says they are the same. It shouldn't take much to prove that is flawed. Even a check and comparison on some of the personal details noted on an original application form should identify discrepancies.