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Thread: proof of a compliance meeting

  1. #1

    proof of a compliance meeting

    Hi hope someone can advise me I attended a compliance meeting and signed a statement at this meeting I produced details of a pension which was dismissed by the compliance officer as it was taken as a lump sum and under the savings threshold 6 months on and they say I didnt declare this it was declared 3 days after I received the cheque and attended the compliance meeting however the compliance officer says he doesnt remember me and has no records!! I signed a statement at this meeting which would prove I attended and showed him all the documents he had requested...I have the original compliance letter interview date and time stated on it and the paperwork he wanted me to produce as my evidence that I attended but surely details and records are kept with the DWP that I wouldve attended and where would the statement I signed be kept...please help they are accusing me of withholding this info and trying to halve my benefits and get back over 4000!!! Thanks for any advice oh I have contacted the DWP but they keep changing what they tell me

  2. #2
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    Get qualified advice and keep your contact with the DWP to the written word (do everything by letter and keep copies of everything), then get more qualified advice. Stay in contact with that Welfare Worker you mention in your other thread, unless this is managed properly it could develop into a very serious situation for you, all advice you get about this should be face to face where you can discuss and explain it properly - don't rely on the net.
    Last edited by Jard; 10-09-14 at 19:27.

  3. #3
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    As Jard says, neither this nor your question about taking pension entitlement as a lump sum can really be dealt with in a forum context. You need to be dealing with a qualified advisor who has access to all the paperwork. If you handle this situation incorrectly, it's going to cost you a lot of money and might also leave you subject to other sanctions.

  4. #4
    thats really concerned me I was due to have a call back from the DWP in the next few days so should I ignore it? unfortunately my welfare adviser is on leave at the moment and they are so overwhelmed that their phone is constantly engaged. Why would it be a very serious situation for me can you expand as Im unable to get any other advice until he returns (Ive tried the CAB but cannot get to see anyone until the 22nd. Thanks

  5. #5
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    If the DWP should phone you ask them to confirm what they say in writing and send that on to you, also record the conversation if possible if not jot the main points they make down on a pad. Re: your second point, there is a possibility though it may be very remote for such matters to develop into fraud investigations if not properly managed, this is why we can only advise that you seek the help of a properly qualified adviser. Until your able to sit down with your Welfare Adviser just follow what I've said about keeping everything to writing, that will help them to see how things are developing.

    What part of the country are you in ??, if we know that we may be able to search out an appropriate organisation for you to discuss this matter with.

  6. #6
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    The problem you have is that you and DWP have a different view of events, seemingly with no evidence available indicating who is correct.

    An experienced advisor should be able to work with DWP to figure out what has happened and agree on a solution. Your position sounds a little weak, as it sounds as if there might have been a large overpayment unless you can prove you declared the money and explained what it was. It's not just the capital - pensions are treated differently to other forms of capital and income.


    As DWP have started handling this on the compliance track, it seems unlikely that they would start to look at prosecution. However, your intention to take another pension as a lump sum complicates the situation, as you haven't resolved the first situation, because DWP might view this as an act of bad faith and because it increases the sum involved.

  7. #7
    Thanks Jard Im in Wandsworth. Its interesting you say record them. I recorded the meeting with the compliance officer but the DWP have said that they wont accept it as evidence as I didnt inform him I was doing so...so I have a recording and I have the letter requesting me to attend a compliance meeting with the date and time and also requesting I bring my pension docs etc. Surely If I hadnt have attended the compliance meeting my benefit or some other action would have been taken. All Im trying to do at present is prove to the DWP that I informed them within 3 days of receiving my pension and was not hiding it..it was also paid straight into the account they have on file for me....Thank you for your input it helps a great deal

  8. #8
    Thanks Flymo as Ive stated I have evidence of the interview letter etc see earlier reply.....I cannot survive without my pension as my ESA has dropped by 45 pounds per week.....I really dont know what to do I suffer from mental health problems and this has been going on for over 3 months but thank you for your help

  9. #9
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    Hello chris

    I'm glad to see you were astute enough to record that first compliance meeting, regardless of whether or not they're accepting it (at present), it is first hand evidence of what occurred as is all the other documents, letters etc, you have. Also, the point you make about not attending is very pertinent, they would have obviously put a stay on your benefit until they were satisfied the matter was cleared up.

    Were I in your situation I would build it all into an evidence file and start by transcribing that recording, word for word, to paper if your capable or have a trained audio typist among your family or friends. When that's done I would make 2 or 3 copies, using 1 for my working copy, and keep all the originals together with the actual recording in a (very) safe place and don't let any of it out of your possession, if anybody wants it give them a copy. Label it 'Evidence of the meeting of -/-/-/ which the DWP are now denying occurred'.

    I can see you're in the London area, all the feedback I've seen from other posters in that area indicate all the advice services there seem pretty overwhelmed, all down to the deliberate cuts of this damn government of course.
    Though I do think you are probably better off sticking with the adviser you have at the moment you can always put 'Benefits/Welfare Help in Wandsworth' into Google which should give you a list of what's available there. The only one I know in that area is DASCAS, whether they cover your borough I don't know, you can also try AGE UK if your 50+ they have some very good Welfare Workers who maybe well versed in pension matters.
    The only other organisation I can think of and you will need a referral from a Welfare Worker to ask for their help, should you need it, is: http://www.thefru.org.uk/ .

    Can't think of anything else at the moment, so stick to your guns & keep us informed, all the best with it.

  10. #10
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    The evidential value of a (presumably digital) recording of the meeting is a little suspect, as digital recordings can be digitally edited.

    There are such things as evidence grade digital recorders, which either record to write once optical discs (typically two CD-Rs) or using cryptographic techniques to prove the recordings are original and unaltered, but this is not something you can do with a typical mobile phone or digital audio recorder. Even my expensive digital dictaphone, which is PIN protected and produces encrypted files that meet almost all confidentiality requirements (including those typical in legal and medical contexts), cannot produce digitally signed files.

    However, the recording is likely to be much more reliable than anyone's recollection of the meeting. The problem is if that recording differs from the officer's contemporaneous notes of the meeting, the DWP and any court or tribunal might prefer the officer's notes.


    The lack of disclosure to the officer that he was being recorded is to do with the officer's rights under the Data Protection Act 1998, not the evidential value of the recording. In general, it is better to seek permission for an overt recording, which allows the recording equipment to be placed in a better location than if it is hidden.


    So far as a transcription goes, there are services online that will transcribe digital recordings for you if you submit the file(s) electronically for a relatively modest charge. As I've never used any of them, I can't make a recommendation.

    I have digital transcription equipment (playback software and the accompanying USB foot pedal), but I'm not in a position to offer to transcribe other people's recordings unfortunately.

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