DWP overpayment debt office demanding payment

[rankins]

Hello all,

In March of last year I received a letter stating I owe more than £9000 in ESA overpayment. This was as a result of an investigation I was under. I knew I would have to pay something back because my savings often went over the amount I declared to the DWP when I first started claiming ESA before I had time to spend it but it's nowhere close to that amount. I asked for a written statement of reasons and mandatory reconsideration both by phone but I didn't hear back from them. Today I received a letter that the payment is outstanding and I need to pay it or at least contact them before 5 December.

What should I do please?

Many thanks

[rankins]

any advice please...

[paulajayne]

Start point is in your post.

"

contact them before 5 December"

[rankins]

I'm going to call them tomorrow but what do I do if they claim they didn't receive my request for mandatory consideration and written statement of reasons for the overpayment and they won't accept my request because it's now too late to appeal?

[des8]

Did you keep a record of your phone call: date & time and person to whom you spoke?

[rankins]

Thanks for all your comments.

I've been informed that my mandatory reconsideration was rejected because it was submitted late and they won't give me anything but a summary explanation for the overpayment despite me asking several times.

I don't know what to do now. The compliance officer said they miscalculated my capital and recorded my savings twice, which is possibly how the sum cam to £9000. If I request a SAR to find out how they used my financial data they might open a new fraud case against me and tell me I can't have that info while there is a fraud case open.

[rankins]

I'm going to call them tomorrow but what do I do if they claim they didn't receive my request for mandatory consideration and written statement of reasons for the overpayment and they won't accept my request because it's now too late to appeal?

No but they accepted that they received my first MR request that I sent but that it was rejected because my Mum sent a letter to them saying we would pay the sum. I changed my mind soon after that because if I pay the overpayment without knowing the reasons I'm relying on them being honest about how they worked it out and they don't have a good track record so far as far as I'm concerned.

[des8]

Take this matter up with your MP.
I don't know the circumstances of your mother's offer to pay, but it seems doubtful that a third party letter should cancel your request for a mandatory reconsideration.
Also if they miscalculated your capital, they do have the duty to try and recover it.
However it is wrong of them not to give you an accurate breakdown of how those figures were calculated
It is wrong of them to open a fraud case if it was their error and is wrong of them to threaten to open a new fraud case if you submit an SAR.

If you submit an SAR and they do not comply with it you can complain to the Information Commissioners Office

You could also ask for advice at your local CAB office

Do realise that if you don't have the money they won't expect it back in one lump sum. You will be allowed to repay it in affordable instalments,

[rankins]

I've kept on at them and they said they would action my MR and I should get a decision some time after Christmas. I'm not sure whether they are processing the MR or considering just processing it but anyway I will wait to hear back from them one way or the other.

Thanks