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My father died 2 years ago. We have had completed the probate process and have received what ever there was for the heirs to receive according to the will. During the probate we became aware that DWP had been chasing him for about 20K in overpayments which he continued to contest on various grounds. He planned an appeal against the decision with (I believe) the First Tier, but passed away in the process. Their decision was to uphold DWPs decision of the 20K overpayment. As he has now passed, the debt falls upon the estate. I wrote to DWP directly informing them we intend to continue with my late fathers appeal as he intended and was in the middle of. I also notified the Tribunal Courts who have permitted this. I have just sent them an email requesting for a time restriction increase.
Upon reading the legal pack and evidence the court has supplied the overpayments came from pension credits that were paid to him based on (according to the DWP) information he provided to them. They later found out some years later that the circumstances had changed given my mothers income and her divorce and thus are looking to reclaim the money back.
One of the first areas of further investigation I need to chase up is the fact that their calculations may be wrong as I know my mother was possibly working under the required threshold during the years the DWP say my father shouldn't have received the funds. This may reduce the amount payable.
They also don't have the initial forms that were sent to them many years previously on which this claim of additional pension funds is based. One of my father's grounds is that he doesn't remember dealing with them since 1980, but they're adamant that if money was paid, a claim was put through (but don't have the paperwork to show it).
I'm currently working through the pack making notes on where evidence maybe lacking on their side and thought it may be useful sharing the situation on this forum for those who may have been successful or have areas I should pursue. I am planning to representing the estate myself. I have approached several solicitors, who have outrightly said any overpayment disputes are usually very difficult to win, but I'm not too confident the documents and grounds of appeal they'd supply would be sufficient enough to sway a decision maker (particularly if they're only charging £200 which I'm presuming might be a modified template letter).
Upon reading the legal pack and evidence the court has supplied the overpayments came from pension credits that were paid to him based on (according to the DWP) information he provided to them. They later found out some years later that the circumstances had changed given my mothers income and her divorce and thus are looking to reclaim the money back.
One of the first areas of further investigation I need to chase up is the fact that their calculations may be wrong as I know my mother was possibly working under the required threshold during the years the DWP say my father shouldn't have received the funds. This may reduce the amount payable.
They also don't have the initial forms that were sent to them many years previously on which this claim of additional pension funds is based. One of my father's grounds is that he doesn't remember dealing with them since 1980, but they're adamant that if money was paid, a claim was put through (but don't have the paperwork to show it).
I'm currently working through the pack making notes on where evidence maybe lacking on their side and thought it may be useful sharing the situation on this forum for those who may have been successful or have areas I should pursue. I am planning to representing the estate myself. I have approached several solicitors, who have outrightly said any overpayment disputes are usually very difficult to win, but I'm not too confident the documents and grounds of appeal they'd supply would be sufficient enough to sway a decision maker (particularly if they're only charging £200 which I'm presuming might be a modified template letter).
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