DWP Recovery from Estate - Solicitor recomendations

[enaid]

Re: DWP Recovery from Estate - Solicitor recomendations

you can upload it but please remove all personal details first.

[Openlaw15]

Re: DWP Recovery from Estate - Solicitor recomendations

Hi OpenLaw15,

I have a copy. Whats the best way to share it? PM, photo upload or just type it in here?

For drafting the letter.

Dear sir/ madam/ representatives of DWP

I receive with thanks your letter (date received) relating to an 'alleged' overpayment of Pension Credit against the deceased's estate. Owing to the obvious 'uncertainty' in this matter, at this interim period, and to reinforce my legal position - notwithstanding DWP Parliament Acts/ common law/ other (government) law, insofar as any claims that DWP 'may' have to the estate - I respectively make requests of my own, that where DWP make any such overpayment claims or allegations for these to be validated via 1) a proportionate (fair) investigation; 2) by making a disclosure of any material documentation; which supports or substantiates DWP's claim to the same,

1) you acknowledge they 'may' have a claim. I use some legal jargon and then make the requests ....as it's showing there is uncertainty, that you know there are laws that they have to adhere to, and then i discuss the requests for a fair investigation and disclosure of any evidence it has to prove the claim against you. I could have said the request at the beginning of the sentence, but am playing with psychology. It's up to you though how you draft the terms and in which order.

Hmm write something which implies you know their claim is not certain using vague terms such as 'possible'.. 'may'...'could'

[Bv123]

Re: DWP Recovery from Estate - Solicitor recomendations

you can upload it but please remove all personal details first.

Pages 1 to 4 uploaded (never thought computers could be such a pain when you have to remove personal details!). Let me know if they are not legible and I'll try to get a better quality upload.

Btw, found another place where someone kindly requested a Freedom of Information Act for the template letter that DWP use. In the template it actually alleges indebtedness as it refers to the deceased as a debtor rather than just as "the deceased" -

"About the estate of <<Debtor_Forename>> <<Debtor_ Surname>>"


see here - https://www.whatdotheyknow.com/reque...x%201.pdf.html


Also, the following sentence in the template (page1) is not in my letter -
"We will let you know whether or not we need to make further inquiries within 20 working days."


Page 1 of the DM15s letter.jpgPage 2 of the DM15s letter.jpgPage 3 of the DM15s letter.jpgPage 4 of the DM15s letter.jpg

[Bv123]

Re: DWP Recovery from Estate - Solicitor recomendations

What do you think of Post 4 and Post 6 on the following link (thanks Freshfield ) ?

http://legalbeagles.info/forums/show...rke-Solicitors

Could it be modified to suit my (and others) circumstances?

btw, anyway I can show my gratitude please let me know. This has relieved me of so much pressure.

[Bv123]

Re: DWP Recovery from Estate - Solicitor recomendations

If there are no further tips, then, having read through the info provided by Enaid and OpenLaw15 (thanks very much :stars::stars, I will be sending DWP the information required.

Besides, this duty is my duty (also, I need to get on with my life :tinysmile_aha_t.

Wish me luck. hope to have everything resolved by end of summer.

[enaid]

Re: DWP Recovery from Estate - Solicitor recomendations

Ok I wish you good luck and a Merry Christmas lol xx

[Bv123]

Re: DWP Recovery from Estate - Solicitor recomendations

Ok I wish you good luck and a Merry Christmas lol xx

Double Lol back. Well, as long as I'm not doing the "paper chasing" during that time I think I can persevere until Christmas.

So, certainly all resolved before new year, because if it drags on into 2017 (I really feel for the people in the other threads who have been waiting for more than a year) my gloves will be off........and I'll be posting here again for advice :doggieyes:.

[TVC1]

Re: DWP Recovery from Estate - Solicitor recomendations

No consolation, I know but I a in exactly the same position. Mum died 7th February and I did probate myself and felt thank goodness that headache is over. Then onto clearing out the house and destroying all paperwork and out of the blue a request from the Debt Recovery Section of DWP asking me to go back to 2003 with the Banks. It appears that she had to much money in the Bank. I did not even know that she was receiving Pension Credit. Have done some research and there is also a savings element to this payment. It seems at the start in 2003 you could have £6k in the Bank which has now increased to £10k.
Please keep me posted on how the case against you is progressing and I will do likewise.

[Bv123]

Re: DWP Recovery from Estate - Solicitor recomendations

Hi TVC1,

That you (and many others) are in the same position is consolation enough for now.

You might want to use the calculators here, here and here to get a rough idea of how much might have been over/under-paid (although the last two seem very similar)

and have a look at the Assessed Income Period.

Fingers-crossed, things get resolved quickly. See you Christmas time :colbert: (waiting)

[Bv123]

Re: DWP Recovery from Estate - Solicitor recomendations

Hi Enaid,

I have replied back to you (from the PM I sent you). Just wondering if you've had time to read it.

[enaid]

Re: DWP Recovery from Estate - Solicitor recomendations

I havent got a reply from you only the first pm

[Bv123]

Re: DWP Recovery from Estate - Solicitor recomendations

I'll try again.

[Bv123]

Re: DWP Recovery from Estate - Solicitor recomendations

Was my error. Sorry. I had not selected your name.

[enaid]

Re: DWP Recovery from Estate - Solicitor recomendations

It's fine I have it now, I understand all what you have stated, but I myself can not give a positive answer to all you ask.
I will go through it and answer what I can, just to add posting on here will not reveal you or your dads identity and no one will judge you no matter what you have to say about him or the situation.
Enaid xx

[Bv123]

Re: DWP Recovery from Estate - Solicitor recomendations

Update. Full version.
(ENAID et al - please See next post for short version)


Well, its been a while. Stress, lack of knowledge and the dread that mum might lose the house made me want to not face up to realities.
To try and summarise the facts (and the emotions) -


Dad passed away in Feb 2016. Mum now lives by herself in the same house.
(worry how mum will now cope by herself).


I am the son and Executor of the Will.
(as the only sibling I felt obligated to take on this task. Its a family issue so family should resolve it).


Applied for Probate. Had to fill out a form stating value of Dad's estate.
(feel somewhat relieved that this is below the IHT threshold but also feel why did my father, who worked so hard througout his lifetime, did not reach a value above the IHT? Realise that despite IHT being in the news so often in the last few years, alhtough many people are affected by it, there a million others who simply do not "get to pay this tax").


I now have Grant of Probate.
(feel better that I can now start closing Dad's accounts etc).


DWP RFE must have looked at the Probate figures and sent me the dreaded letter - "sorry to have to write to you at this difficult time...we need to check the information about the estate with details held at the time benefits was paid...Please fill in the form enclosed giving further details of Dad's accounts.....this enquiry could lead to a claim....we strongly advise you not to distribute the estate"


(Shock and confusion - I'm thinking what? why? I have been given Grant of Probate so I HAVE AUTHORITY to go ahead and distribute the estate! Besides the letter uses the word "advise" rather than "do not". More confusion.

Luckily found this LegalBeagles website. Realised DWP are not picking on just me. They're picking on everyone (everyone who can't afford a good solicitor).
Seems like the term "advise" when used in legal terms means "we are not advising you, we're telling you. You have no choice in this matter". What have I got myself into!? and as Executor/Grant of Probate I AM LEGALLY LIABLE. I have a breakdown. LeagelBeagle are very understanding and supportive).


After a long while I send DWP RFE the completed form. They reply saying, "Thank you for providing details of the estate.....The details do not match.....too much pension credit may have been paid.....We need more information. Please supply statements, passbooks, balances or valuations of all the accounts/assets".


No mention of what details do not match.
Does the "thank you" mean I did not have to send the information and that I did it just out of courtesy?
Why do they still use vague words like "the details do not match". Which details do not match with which other details!?
and "...too much may have been paid...". May/might/could, but certainly not "has been paid". So once again I feel lost, confused, frustrated, put upon, bullied.....A "may" is not a definite but I still have to provide more information!?


(I really do not want to play this game anymore. Just tell me how much is owed!. Its affecting my health and in turn my work and I'm having a breakdown again).
So, I have another breakdown. My wonderful wife, good friends and time bring me back to reality.
I contact banks etc to get statements.
See next post for continuation...