Peension Credit

[blackvelvet]

Hi LB

About 3 years ago the pension service took me to court for fraud; I was found not guilty. Since then the pension service have done everything to make my life difficult. I am present receiving no pension credit at all, and they are taking the maximum amount from my state pension, leaving me with £50 a week.

They have lied to me continuously - I have written over 20 letters, all recorded delivery, and have not received reply of acknowledgement to any of these. I have recorded phone calls with them, and can prove that most of their actions are based on lies. I also have a letter from a named person in the pension service, who seems to be in a position of authority, giving me reasons for their actions - every fact in this letter is incorrect.

Can I sue this particular named person for misconduct in public office? Or is there any other action I can take?

Thanks

[nemesis45]

Re: Peension Credit

Misconduct in public office is a criminal offence.
Presumably there was an overpayment or lack of entitlement that caused the accusation of fraud?
If there is a debt to the DWP still outstanding even if it has not be caused by fraud the DWP must
collect it.

Without knowing the reasons for the DWP's actions it's difficult to say if there is any wrong doing.

nem

[Kati]

Re: Peension Credit

You could always send an SAR request (costs £10 and they have 40 days to send you all the requested information) - https://www.gov.uk/government/public...al-information. If they don't respond to that they would be in trouble with the ICO

Have you gone through the complaints procedure? (https://www.gov.uk/complain-pension-service)?

[blackvelvet]

Re: Peension Credit

Thanks both - I think I've probably confused this with too much informatin - basically, if an individual person acting for the pension service have knowingly or in ignorance lied in their letter about important points to do with my current claim, and deprived me of benefits, would I be able to take that individual to court?

[nemesis45]

Re: Peension Credit

You would have to sue the Secretary of State for the DWP.
You can of course get your MP to put your complaint to the Secretary of State.

[blackvelvet]

Re: Peension Credit

Thanks for that - I was thinking more of the criminal offence of Misconduct in Public Office. Would this apply to a supervisor working for the pension service?

[nemesis45]

Re: Peension Credit

Your complaint would be to the Secretary of State if your complaints are not met and investigated by the various levels of civil servants.
It would be incredibly difficult and inordinately expensive to start a private prosecution.
Your MP is the best approach with this I think.
nem