Terms & Conditions

[Anonymous]

Our fraud section recently provided information regarding a single woman who has suspected of living together and an contrived tenancy, they are pursuing action against the alleged partner, however info suggested that

The woman was living with alleged partner
He had obtained credit at her address
His cars were were left at hers and he stayed over
His business number was her home telephone number
That tenancy agreements provided by her were forged and not signed by landlord (who is a friend of the alleged partner!)
Wage slips provided by her are forged
and other info

We cancelled the claim due to it being contrived and CTB was ended as by adding his income resulted in too high an income.

My concern is that fraud have not taken any action as yet and the customer has had a long delay with no reconsideration, Would you send this info to the Appeals Service and let them decide. Or can you offer alternative advice!

Many thanks,

[Nicky]

Karl

Assuming that the customer has indeed lodged an appeal (you don’t mention this in your query) you should carry out a re-consideration and if you decide to uphold the original decision then submit the case to the tribunals service.

You should inform them on the AT37 that your authority is considering further proceedings against the customer with respect to allegations of criminal activity and that you will update them when any decision on that action is taken.

It is likely that TTS will await the outcome of criminal proceedings before the appeal is heard but they will not wait indefinitely – so your fraud section will need to establish what action, if any, they propose to take rather quickly.

[junderwo]

From my experience the Tibunals Service is willing to hold a Tribunal before any potential prosecution. I deal with the Liverpool office of the Tribunal Service.

[Karen]

Unfortunately, I ‘ve had appeal cases heard before the actual prosecution, (thankfully, I won the cases), but as long as you build a solid case, and take the fraud officer along as a witness to your appeal submission (that’s what I did, and it was very helpful, and the chairman appreciated that they could answer in detail all the fraud questions) – you should be ok.

I’m not sure what would happen with the prosecution if an authority had to lose an appeal before any court action??

[Author]

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