Employment and Support Allowance (ESA)
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Please help esa accused me of fraud

ESA have accused me of misrepresentation for  £400 pension which had been in payment for 10 yrs and I paid tax on when they have made consistent and continuous mistakes,  misinforming hmrc of wrong figures etc said I was over paid £900 last year after many complaints they agreed 1 x £12 to be paid March this year back tracked taking £40 from benefits I can’t afford refuse to review my claim for the last 5 yrs now I’ve got a compliance interview which I don’t believe is appropriate- surely they should be he’s accountable it’s making my illness worse 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    A forum isn't the place for advice regarding this. You need to get face to face advice from your local welfare right, CAB or law centre.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Mortisha103Mortisha103 Member Posts: 3 Listener
    I can’t get to a cab hence asking on here - real equality 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I understand the difficulties people have getting outside but it's impossible to advise you because no one knows your case or your circumstances.

    Do you have someone that can take you to an advice centre? Maybe try ringing them for advice over the phone?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi

    First, Is this a compliance interveiw or an interveiw under caution ?
    It is impossible to give any advice without seeing the paperwork. As poppy says you really need to get trained advice
    Be all you can be, make  every day count. Namaste
  • mikehughescqmikehughescq Member Posts: 5,416 Disability Gamechanger
    Misrepresentation is not an accusation of fraud and a compliance interview is an information gathering exercise. You need face to face advice and to be clear what is and isn’t happening. 
  • topshoestopshoes Member Posts: 443 Pioneering
    edited November 2018
    @Mortisha103 if i was you i get all papers you need and go to a solicitor to help you sort this out , and one thing i can say as they got to have the proof before it gos to the fraud team 
  • mikehughescqmikehughescq Member Posts: 5,416 Disability Gamechanger
    You do not need a solicitor at all unless you have been told charges will be laid. 
  • topshoestopshoes Member Posts: 443 Pioneering
    edited November 2018
    @mikehughescq they do not like solicitors,  it would look good that @Mortisha103 has seen someone for advice on all paperwork, they have got that is why i have suggested it,  but that is down to @Mortisha103
  • anna17anna17 Member Posts: 4 Listener
    I had an compliance meeting and I took a friend with me. It was better as they could see u and have a different perspective of u and how u live ur life. My advice is take someone who knows u and can help support you with this. It really makes a difference. 
  • mikehughescqmikehughescq Member Posts: 5,416 Disability Gamechanger
    topshoes said:
    @mikehughescq they do not like solicitors,  it would look good that @Mortisha103 has seen someone for advice on all paperwork, they have got that is why i have suggested it,  but that is down to @Mortisha103
    I’ve done enough fraud and overpayment cases over the years to be able to say that it won’t be decided by who is in the room with you. There is also a strong argument to keep solicitors away from such cases unless a WRO is involved as they’ve a nasty habit of starting from the assumption that the overpayment is recoverable so there’s only a discussion to be had about fraud whereas the former is often simply not true. 
  • anna17anna17 Member Posts: 4 Listener
    But what if they took a close friend or family member with them. As support and to be there to help keep them claim. Would that not be allowed. 
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