DWP debt management making outrageous claims!

[Darter245]

Hi,

I would be very grateful if anyone could provide myself with some much sought after advice or guidance.

Basically debt management who who are attached to DWP sent a letter to my parents address in Feb 2015 stating I owed them £982 which related to an overpayment made in 2006. I lost my job in 2006 and claimed JSA for a few months and they believe the overpayment relates to this. I rang debt management up and told them I really had no idea what they were talking about. Over the space of a few days I was being passed back and forwards from debt management to DWP benefits team. I couldn't get a straight answer and both were advising me to ring the other one. I asked for the evidence they had to substantiate their claims but all they could provide was the dates I claimed JSA. I was advised to ask for a mandatory reconsideration. I took all the notes I had taken to my local job center who faxed it across to the Sunderland benefits office. I was advised that the mandatory reconsideration would be actioned and not to worry.

Out the blue on March 15th this year a full 14 months later I received the same letter again saying I had till the 6th of May, today to come up with a payment plan or they would issue a DEA. Again I rang debt management up and have been passed between the different departments over the course of the last 2 weeks. Finally had a phone call back today off a team leader from the Sunderland benefits office who quite frankly said something outrageous. She said that they have contacted the fraud department regarding myself who apparently led an investigation in 2006 but after 10 years all information is gotten rid off. However even tho they can't substantiate what they claim or have any evidence at all to back up what they say she believes I still owe £982 and must pay it. Surely this can't be right? I have not got a clue what they are talking about, I feel so frustrated and dam right angry with them. That first letter in Feb 15 was the first time I have heard anything about what they claim bearing in mind what they claim happened in 2006?

I'd appreciate any guidance and help on what to do next as they state they are going to start taking money from my wages. I totally dispute what they say but it is impossible trying to talk to them.

Many thanks

Micky

[Kati]

Re: DWP debt management making outrageous claims!

:bump: for [MENTION=77627]Openlaw15[/MENTION]

[Openlaw15]

Re: DWP debt management making outrageous claims!

Hi,

I would be very grateful if anyone could provide myself with some much sought after advice or guidance.

Basically debt management who who are attached to DWP sent a letter to my parents address in Feb 2015 stating I owed them £982 which related to an overpayment made in 2006. I lost my job in 2006 and claimed JSA for a few months and they believe the overpayment relates to this. I rang debt management up and told them I really had no idea what they were talking about. Over the space of a few days I was being passed back and forwards from debt management to DWP benefits team. I couldn't get a straight answer and both were advising me to ring the other one. I asked for the evidence they had to substantiate their claims but all they could provide was the dates I claimed JSA. I was advised to ask for a mandatory reconsideration. I took all the notes I had taken to my local job center who faxed it across to the Sunderland benefits office. I was advised that the mandatory reconsideration would be actioned and not to worry.

Out the blue on March 15th this year a full 14 months later I received the same letter again saying I had till the 6th of May, today to come up with a payment plan or they would issue a DEA. Again I rang debt management up and have been passed between the different departments over the course of the last 2 weeks. Finally had a phone call back today off a team leader from the Sunderland benefits office who quite frankly said something outrageous. She said that they have contacted the fraud department regarding myself who apparently led an investigation in 2006 but after 10 years all information is gotten rid off. However even tho they can't substantiate what they claim or have any evidence at all to back up what they say she believes I still owe £982 and must pay it. Surely this can't be right? I have not got a clue what they are talking about, I feel so frustrated and dam right angry with them. That first letter in Feb 15 was the first time I have heard anything about what they claim bearing in mind what they claim happened in 2006?

I'd appreciate any guidance and help on what to do next as they state they are going to start taking money from my wages. I totally dispute what they say but it is impossible trying to talk to them.

Many thanks

Micky

Thanks Kati.

Hello, Micky

Point of fact

When you returned to work, have you returned to work, did you inform DWP straight away, or some point after the 2 months claiming JSA? If not, were there any special reasons why you didn't tell DWP? Were you on incapacity benefit for instance at any point? The fact that DWP staff were going to consider action a mandatory consideration is obviously in your favour: the point in fact. The point of fact furthermore is that this should have been the end of the matter but as it was not, you can ask for Sunderland's regional supervisor or other decision-maker to look at the decision again on this point of fact.

Point of law

In general DWP (government, ie secretary of state) can make deductions from wages in certain circumstances, ie for fraud, failure to disclose information ie when you were employed you were supposed to tell them. You can appeal to a social security tribunal as it either a point in law or point of fact. I would try contacting the regional supervisor of DWP for Sunderland. There is a higher court case also that has the legal principle, even though you failed to tell DWP of your return to employment from Job-seekers Allowance if the rules are too complicated, or vague, then DWP may not be able to claim the over-payment: Hooper v Secretary of State for Work and Pensions [2007] EWCA Civ 495. However, the burden to prove the alleged debt is on DWP, and not on you to disprove it. My advice, inform the company and DWP that you're going to either appeal to a tribunal on point of law, and or ask for the DWP supervisor for Sunderland to look at the decision again.

[Darter245]

Re: DWP debt management making outrageous claims!

Hi Kati,

As soon as I found other employment I contacted my local job centre and informed them of this. I can't recall any delay whatsoever.. I was informed a mandatory reconsideration was to be actioned yet heard nothing for 14 months until the same ridiculous letter appeared again.

I will contact Sunderland benefits office promptly on Monday morning. I will follow your excellent advice and hopefully start to get somewhere. I am just very concerned that they will start taking money from my wages before I can do anything about it. I totally agree that surely that it is up to them to prove something rather than me disprove it. The lady at the benefits office seemed as tho she was starting to agree although she wouldn't actually say so.


thanks again

Micky.

[Openlaw15]

Re: DWP debt management making outrageous claims!

Hi Kati,

As soon as I found other employment I contacted my local job centre and informed them of this. I can't recall any delay whatsoever.. I was informed a mandatory reconsideration was to be actioned yet heard nothing for 14 months until the same ridiculous letter appeared again.

I will contact Sunderland benefits office promptly on Monday morning. I will follow your excellent advice and hopefully start to get somewhere. I am just very concerned that they will start taking money from my wages before I can do anything about it. I totally agree that surely that it is up to them to prove something rather than me disprove it. The lady at the benefits office seemed as tho she was starting to agree although she wouldn't actually say so.


thanks again

Micky.

Tell your employer the situation too. Inform DWP to not instruct your employer to deduct the alleged DWP debt for your wages or you will report them to the Parliament Ombudsman. Say things nicely to people though, you can be assertive without being nasty or aggressive. Simply say I will have no alternative to report the matter to the Parl. Ombuds., something like that. Inform your employer, if he has power to suspend the deductions to do it.

[Darter245]

Re: DWP debt management making outrageous claims!

I will ring people services tomorrow and enquire about their powers of stopping what the DWP are planning. I was already going to ring debt management and Sunderland benefits office tomorrow too, I will mention the Parliament Ombudsman then. I've wrote down a few notes in my diary to prompt me what to say when I do ring anyway.

Thanks again.

[Darter245]

Re: DWP debt management making outrageous claims!

Hi Kati,

Today I started by contacting the DWP customer care team who then got someone from Sunderland benefits office to ring me. She explained that my case was still ongoing and the manager was aware of it, however the manager wasn't at work today but would ring with an update as soon practical. I explained that this must be done as a matter of urgency and she agreed.

Secondly I then proceeded to ring debt management up and got speaking to a much less helpful chap. I enquired what he believed was happening their end. Immediately he told me that a letter had been sent to my employer on the 6th of this month asking for them to create a detachment of earnings order, the same letter being forwarded to myself too. I told him that this wasn't right at all. I explained that Sunderland benefits office still hadn't concluded anything yet so how could they instigate the DEA. I told him that they must put the recovery on hold he disagreed. I said there was every chance Sunderland would action a mandatory reconsideration, he said the only way the recovery would be halted is either that happening or with me putting in an appeal to the social security tribunal. I told him not to deduct the alleged debt otherwise I'd contact the Parliament Ombudsman, he said they had done everything correctly so far. I asked him what evidence they had to substantiate what they were claiming. He admitted there was none but that they had a LC54 form. This form apparently means at some point in the past somebody has decided that I have had an overpayment and it must be paid back. It was decided through some type of adjudication process apparently. I told him that debt management must liase with Sunderland benefit office and get their heads together and share everything that they have and I was sure sense would prevail. He did say he was going to email Sunderland benefits office but the action would still be ongoing in the meantime.

I have rang people services at work I need to speak to a manager about if it's possible to get the DEA halted their end. However at present they have not received the letter instructing them to apply it.

The way I see it I need urgent assistance from the Sunderland benefits office supervisor/manager. Every time I speak they admit they have nothing to back up their claims yet they still insist on trying to take money from my wages, unjustly in my eyes.

Thanks again

Micky

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I also contacted the CAB by phone but the earliest I can get in to see them is the 17th of May. Too late I do fear.