Help with interview under caution.

[firehazzard]

I have been asked by dwp to attend an interview under caution for failure to declare capital. my name is on a property, land registry deed and mortgage that i hold in trust, im the trustee. i have no claim to the property and i do not live there, i am not liable for any monies in relation to the house. i also got out a loan a couple of years ago for someone else, the loan is in my name but they pay it back, the full amount of the loan was paid straight into their account and i never had any of the loan money nor do i gain financially or otherwise for either of these and i have a copy of the trust deed and bank letters to confirm this money was paid into this persons account. I was on income support and housing and council tax benefit. Am i in trouble??????? please help im so worried.

[237SJ]

Can you find a solicitor that does an initial 1/2 free consultation? Some solicitors do this.

[237SJ]

sorry, meant 1/2 hour

[firehazzard]

I have contacted a solicitors office and im still waiting for someone to ring me back. But this is making me feel ill, i genuinely believed that i had done nothing wrong as i have no gain for either.

[VHG]

I can see from the outside how his must look "dodgy".

You are on income support, but you managed to get a loan, then gave the money to someone else, and they pay the loan off. One asks why THEY did not get the loan in the first place.

Also you say you "own" a house (your name is on a property, on the deeds and mortgage, yet you say you have no claim on it). This also could look very dubious from the outside.

I am not saying you have knowingly done anything wrong, but you have either been very naive in letting yourself be "used" by others, or you knew what you were doing but hoped nobody would find out.

For example by owning a house (as you do) you may not have been entitled to some of your benefits, and the police may think you hid the fact you owned as house to get more benefits.

Nowadays the banks and police are also very hot on things like money laundering and they may wonder if you have been used by others to launder money (or defaud banks in some way).

If you can explain it all away you may be OK, if not you may be in trouble (hard to say without all the info).

All I can say is you better have some good answers for the police as to WHY you did some of these things.

[firehazzard]

I helped a legitimate law abiding person, who is neither laundering money nor out to defraud anyone. The loan was pre approved from my bank who gladly sent me a letter informing of the fact that id been pre approved for the loan.

[sara3]

I can't imagine why anyone would ask someone on benefits to get a loan on their behalf.. why not do it themselves? what was the loan for? did you tell the truth to the lender to obtain it?

and who does the property belong to? why isn't it in their name (or at least someone who is not claiming means tested benefits)? and can you prove what you are claiming to be the facts?

[VHG]

If what you say is true, then you have nothing to worry about.

But it is one of those situation that could look dubious and that is why the dwp want to talk to you.

There are many people who use tactics like this to avoid paying tax, or to get more benefits, and so on, so if you and the other person have done none of these then you are ok.

But the dwp must feel the situation looks dodgy or they would not want to talk to you.

So just tell the truth, take along any paperwork that backs up your story, and hope the truth will out.

[DrFilth]

did you tell the bank you owned this other property to get the loan, you would be surprised what the dwp find out these days

[firehazzard]

Yes i do have proof of what im 'claiming to be facts'. Without declaring this other persons business online it was a legitimate reason as to why i was asked to be trustee. As for the loan, the bank was well aware that i was benefit at the time and yet seemed happy to pre approve me a loan. I would never have got the loan for myself as i would have struggled to meet the repayments but i trust this person and have known them for many years. his problems began when the tax office made a mistake which they have now admitted. but he was slapped with a ccj from them that should have never been applied as they had made a mistake which ive already said they have now admitted to.

[venator]

You need advice, obviously. It may involve more than just the DWP.

Does the person you seem to be fronting for know about the investigation?

Depending on their reason for this deal, they could be in for trouble with whoever they didn't want to know about the property.

Likewise, the bank who gave the loan may say they were misled.

Perhaps the other person would pay for a solicitor for you if he/she has much to lose.

Sorry I can't be more encouraging.

[hc4361]

Did the bank ask the purpose of the loan?

[venator]

Your post beat mine to the draw, explains some things.

Good luck!

[sara3]

if you have documents to back this up, it will be checked into. I would also recommend that you get legal advice.

you should be aware that, when you attend this interview, they will already have copies of all the relevant papers relating to your case.

[sara3]

also, if you claimed Housing/Council Tax benefits, there may also be a Local Authority investigator present too..

[Nosha123]

VHG : the poster does not own a property... it is held in trust...
If the property is to be sold then yes he would need to sign the transfer of sale forms.. but he has not vested interest nor claim to the house.
My MIL was the same for our first house - and when we decided to sell - she tried to blackmail us for her '£20k share'.. she had no share... she had no right nor entitlement.. and my share which was held in trust was mine and all mine.
Firehazzard: I dont think you have been foolish - nor have you broken any laws I know of. I understand you must be worried... You need some legal advice.. try calling another solicitor firm if the original ones still havent called you back.. Ensure you have ALL DOCUMENTATION with you - inc any witness statements from your friend (re the loan)... Hope it all works out OK for you!
As for your poor mate with the CCJ... Fluffing inland revenue Snags!!! Never ceases to amaze me how useless they really are!

[firehazzard]

@razza Why? Lol, does everybody have to be dodgy does everything have to be suspicious??? Yes i see why it could look dodgy but it genuinely isnt. there is no bigger picture there is no other reasons or hiding somethin it is just what it is. I helped someone, i never gained from it, it wasnt for illegal reasons, the bank knew i was on benefits when they pre approved the loan.

[bednobs]

i don't understand how you can get a mortgage for which you are not liable? does the mortgage lender know you've got a mortgage out for someone else? i can see why the DWP think you have been defrauding them, and i think you have been incredibly naive at best (not least for relying on someone else to pay "your" mortgage - if they default the bank will come after you for it anyway) and fraudulent at best. The best thing to do is to wait till the solicitor phones you back i reckon

[razza]

If you have paperwork to prove all this then I dont think you will have a problem,but they must have asked you to explain all this before calling you for an interview.