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Benefit overpayment

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  • Benefit overpayment

    DWP have been in contact with me recently saying that I owe 1020 from old social/crisis loans from 2009 - 2011. I informed them that I am currently unemployed, was kicked off my lifetime-awarded DLA (severe mental health) and have zero income so they immediately forwarded it on to CCS Collect DCA. My partner works on average 20-25 hours a week, and I stay at home looking after our daughter and I'm not that keen on my partner paying for my debts as that is the only money coming into the house and it's not a lot. She is worried that CCS will come knocking, barge their way in and start taking things that belong to her, which is more or less everything minus my PC, the car we use to get our child to school and partner to work and the few tools I used when I was working a few years back. I have already informed CCS that I suffer from severe mental health issues and I am awaiting a call from their vulnerable persons team.

    Is there anything I can tell CCS or DWP to either hold off this debt or wipe it? I have read that wiping is possible on medical grounds, but only on rare circumstances. It doesn't bother me either way, as long as I can stop them knocking. I suffer from severe anxiety and depression and recently my newly appointed psychiatrist thinks I still suffer greatly from my ADHD I had as a child which has remained un-medicated for the past 16/17 years. This will soon change once my local doctor gets the go-ahead from him to put me back on an alternative to Ritalin medication. (can't remember what he called it as my memory is uber-shocking) I am basically a hermit (unless I HAVE to go out) and hate all kinds of human interaction. Even from my own family, partner and 2 year old daughter. It varies from day to day. Sometimes I am fine and can function correctly, but an optimistic 95% of the time, I lack all motivation to even keep up with my hygiene, house work or even eat. If CCS came knocking, I would either hide away and panic until they go or if they repeatedly knock and bully their way in like some DCA do, I would be in jail by the end of the night for murder as home is the only place I can feel safe and relaxed. I don't want either thing to happen as I am currently trying to get my mental health problems in a better state to actually function as a regular human being and the stress of a DCA kicking my door in would knock me back if not make everything worse. I plan on paying it off once I go back to work, but that won't happen until I can sort out my mental health, get back on track and when my daughter starts school full time next year.

    My girlfriend wants to pay them 5 a month if they agree to it to stop any action, but I don't want her to pay for my problems. Any help you guys/gals can give would be awesome. I know I can get some info and help from CAB, but I would rather avoid getting them involved if I don't have to.
    Tags: None

  • #2
    Re: Benefit overpayment

    Hi
    First things first- no one is going to come and kick your door in

    I think it may be worth talking to national debt line because my understanding is that DWP debts can become statute barred so this may be the case for you.

    I assume you had DLA and were then 'invited' to apply for PIP , an application you failed

    Just from reading your post I can see why they may have come to the conclusion they did but first let me say i do believe the PIP claim is rigged against mental health challenges.
    You say you are unable at times to associate with even your own family and lack motivation to cook clean or eat - yet you are responsible enough to look after a two year old. If you told an assessor that , can you see why they may decide you are fit to look after yourself? Do you follow where I am going with that?

    Have you thought about reapplying for PIP - and getting help with the form
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

    Comment


    • #3
      Re: Benefit overpayment

      As [MENTION=98117]warwick65[/MENTION] the Limitation Act says that the limitation period for social fund loans is six years, so don't be in a rush to offer them anything if you have zero income
      For social fund loans, the cause of action is when the loan becomes due for repayment.
      If the DWP tries to issue a county court claim against you and you think it is statute-barred, you can put in a defence.
      However, if you are getting ongoing benefits, the DWP may be able to take money directly from your benefit.

      Comment


      • #4
        Re: Benefit overpayment

        Originally posted by des8 View Post
        As @warwick65 the Limitation Act says that the limitation period for social fund loans is six years, so don't be in a rush to offer them anything if you have zero income
        For social fund loans, the cause of action is when the loan becomes due for repayment.
        If the DWP tries to issue a county court claim against you and you think it is statute-barred, you can put in a defence.
        However, if you are getting ongoing benefits, the DWP may be able to take money directly from your benefit.
        Yes DWP overpayments do become statute barred but the Welfare Reform Act 2012 I think opened the door for such debts to literally being chased " for ever" (some variations apply) and the relevant department can and will make deductions from current And Future state benefits and may I believe initiate attachment of income deductions without recourse to a court
        I have helped some people chased for overpayments made over 25 years ago.

        The act mentioned above also allowed for private sector " partners" to be authorised to collect these debts But these DCA's cannot start court action and are carefully monitored and are subject to the provisions of The Official Secrets Act and all their " correspondence" templates are authorised by the DWP.

        nem
        The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

        Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

        If you receive messages from anyone offering advice for a fee please report it to the site team.


        Animo et fide.

        Comment


        • #5
          Re: Benefit overpayment

          Originally posted by nemesis45 View Post
          Yes DWP overpayments do become statute barred but the Welfare Reform Act 2012 I think opened the door for such debts to literally being chased " for ever" (some variations apply) and the relevant department can and will make deductions from current And Future state benefits and may I believe initiate attachment of income deductions without recourse to a court
          I have helped some people chased for overpayments made over 25 years ago.

          The act mentioned above also allowed for private sector " partners" to be authorised to collect these debts But these DCA's cannot start court action and are carefully monitored and are subject to the provisions of The Official Secrets Act and all their " correspondence" templates are authorised by the DWP.

          nem
          Hi not sure how to use this but hope this gets to you
          Me and my wife moved in togeather in 2008 but she was investigated in 2006 i think for them saying i was living with her we got wage slips and bank statments and refrences from my employers saying i still lived with my parents but they still chased her for it 12000 in housing benefit and 40000 in child benefit ithink its called she burried her head in the sand never went to court just ingnored everthing she never head anything from 2010 up until now iv worked all my working life from 1998 and never claimed any benefits until 2014 when i was made redundant so i had to claim housing benefit since then i failed to tell them we had moved house as so i got an overpayment of 3000 which i dont deny but it seems they have put mine and my wifes togeather and are now chasing me for the lot i got a letter from a dca telling me i owe 14000 they said it went to court in 2016 iv emailed the council and they have sent me an email saying its from my wifes overpayment from 2002 to 2008 and mine from 2014 to 2016 and my wife has recived another letter from dwp chasing her for 43000 after not hearing about this for 8 years me or my wife are not guilty of fraud i remember living with my parents and meeting with my now wife and taking my daughter to my mums for the weekends sometimes we were seeing each other somtimes not we were very young but its going to be hard to prove this now any help or advise is much appreciated

          Comment


          • #6
            Re: Benefit overpayment

            Originally posted by Kielty81 View Post
            Hi not sure how to use this but hope this gets to you
            Me and my wife moved in togeather in 2008 but she was investigated in 2006 i think for them saying i was living with her we got wage slips and bank statments and refrences from my employers saying i still lived with my parents but they still chased her for it 12000 in housing benefit and 40000 in child benefit ithink its called she burried her head in the sand never went to court just ingnored everthing she never head anything from 2010 up until now iv worked all my working life from 1998 and never claimed any benefits until 2014 when i was made redundant so i had to claim housing benefit since then i failed to tell them we had moved house as so i got an overpayment of 3000 which i dont deny but it seems they have put mine and my wifes togeather and are now chasing me for the lot i got a letter from a dca telling me i owe 14000 they said it went to court in 2016 iv emailed the council and they have sent me an email saying its from my wifes overpayment from 2002 to 2008 and mine from 2014 to 2016 and my wife has recived another letter from dwp chasing her for 43000 after not hearing about this for 8 years me or my wife are not guilty of fraud i remember living with my parents and meeting with my now wife and taking my daughter to my mums for the weekends sometimes we were seeing each other somtimes not we were very young but its going to be hard to prove this now any help or advise is much appreciated
            Hello Kielty,

            I take it there was no actual " joint" claim in any of these various ones?

            Which DCA is involved here? These " 3rd party partners " as the DWP likes to call them are quite strictly regulated, yes they can make all sorts of threats But only the DWP itself can pursue court action.

            You say your partner went to court , was there a judgement and if so what were the terms?
            It would help if we could see a copy of the DCA letter if you van post one here after removing all personal details( if you need help with this I'm sure [MENTION=49370]Kati[/MENTION] from the LB team will be able to help you.)

            nem
            The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

            Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

            If you receive messages from anyone offering advice for a fee please report it to the site team.


            Animo et fide.

            Comment


            • #7
              Re: Benefit overpayment

              of course xx
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #8
                Re: Benefit overpayment

                Originally posted by nemesis45 View Post
                Hello Kielty,

                I take it there was no actual " joint" claim in any of these various ones?

                Which DCA is involved here? These " 3rd party partners " as the DWP likes to call them are quite strictly regulated, yes they can make all sorts of threats But only the DWP itself can pursue court action.

                You say your partner went to court , was there a judgement and if so what were the terms?
                It would help if we could see a copy of the DCA letter if you van post one here after removing all personal details( if you need help with this I'm sure [MENTION=49370]Kati[/MENTION] from the LB team will be able to help you.)

                nem
                Hi thanks for your reply no there was no joint claim until 2014 and its rundles she never attended court so she dosnt know she burried her head in the sand as she tried to prove herself which she did but she was young at the time and lost the plot a little

                Comment


                • #9
                  Re: Benefit overpayment

                  Originally posted by Kielty81 View Post
                  Hi thanks for your reply no there was no joint claim until 2014 and its rundles she never attended court so she dosnt know she burried her head in the sand as she tried to prove herself which she did but she was young at the time and lost the plot a little
                  Any help would be really much appreciated

                  Comment


                  • #10
                    Re: Benefit overpayment

                    Originally posted by Kielty81 View Post
                    Hi thanks for your reply no there was no joint claim until 2014 and its rundles she never attended court so she dosnt know she burried her head in the sand as she tried to prove herself which she did but she was young at the time and lost the plot a little
                    Good morning,

                    Has the DWP mentioned a judgement against her?

                    I would suggest sending a SAR (subject access request) made under the provisions of the Data Protection Act 1998 to get all the personal date held on your partner( there is usually a 10 statutory fee for this but the DWP does not take this.)

                    There a template in the green box at the top of the " court claim forum).

                    Which DCA is being used?

                    nem
                    The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                    Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                    If you receive messages from anyone offering advice for a fee please report it to the site team.


                    Animo et fide.

                    Comment


                    • #11
                      Re: Benefit overpayment

                      Is it 43k your wife is being chased for and 14k you are being chased for ? ( Just 40k in child benefit would take an awful long time to acrue even with lots of children... so wondering if you mean 4k - or do you mean Child Tax Credit ? as Child Benefit is paid regardless )

                      Maybe a copy of the letter from Rundles would help clarify.
                      Common Sense .... if in doubt, use it !

                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #12
                        Re: Benefit overpayment

                        Originally posted by Amethyst View Post
                        Is it 43k your wife is being chased for and 14k you are being chased for ? ( Just 40k in child benefit would take an awful long time to acrue even with lots of children... so wondering if you mean 4k - or do you mean Child Tax Credit ? as Child Benefit is paid regardless )

                        Maybe a copy of the letter from Rundles would help clarify.
                        Hi sorry is it child benefit im not sure its what a single parent gets to live on its dwp chasing my wife and rundles chasing me iv emailed the council and told them if i owe anything from 2014 onwards i will pay it but im working away at the moment so i havnt got a copy of the letter from rundles at hand there threatening to take it to court for a ccj the dwp letter for my wife are threatening to give her an attachment of earnings or bayliffs she dosnt work thank you for replying

                        Comment


                        • #13
                          Re: Benefit overpayment

                          Originally posted by Kielty81 View Post
                          Hi sorry is it child benefit im not sure its what a single parent gets to live on its dwp chasing my wife and rundles chasing me iv emailed the council and told them if i owe anything from 2014 onwards i will pay it but im working away at the moment so i havnt got a copy of the letter from rundles at hand there threatening to take it to court for a ccj the dwp letter for my wife are threatening to give her an attachment of earnings or bayliffs she dosnt work thank you for replying
                          can your wife take a pic of the letter and send it to you for you to post up? or email it to me (kati@legalbeagles.info) and I'll post it up??

                          It'll be easier to advise if we can see it xx
                          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                          It doesn't matter where your journey begins, so long as you begin it...

                          recte agens confido

                          ~~~~~

                          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                          I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
                          But please include a link to your thread so I know who you are.

                          Specialist advice can be sought via our sister site JustBeagle

                          Comment


                          • #14
                            Re: Benefit overpayment

                            Hi yes ill email them to you if thats ok thank you

                            Comment


                            • #15
                              Re: Benefit overpayment

                              Originally posted by Kielty81 View Post
                              Hi yes ill email them to you if thats ok thank you
                              My wifes at the hospital at min i will get them to you this afternoon thanks again

                              Comment

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