Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

+ Reply to Thread
Results 1 to 3 of 3
  1. #1
    Basic Account Holder Miki123 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    84

    Default Esa overpayment

    Hey guys,
    I return seeking your expert advice.

    I received a letter today from DWP stating that I have to repay overpayments from march 2012.

    The letter states that I owe 780.76 from date period 28/03/2012-29/06/2012.

    It then says that it occurred because on 28/03/2012 my circumstances changed and the office that paid my benefit was "not told at the correct time" that I was in receipt of another benefit.

    The benefit in question is carers allowance and I am no longer receiving ESA.

    I made a claim for ESA on 14th May 2012 due to me currently being off sick at the time. During a call to ESA for a benefit period not being paid, one of the advisors informed me that I could be claiming CA.

    I made the claim for CA on 02/04/2012 and informed them that I was claiming ESA.

    I then informed ESA that I was claiming CA and my ESA was adjusted to take the CA into account and the payments dropped to 12 odd per week.

    I assumed that all was then ok and a few months later I stopped claiming ESA (long story).

    Now all of a sudden they are stating that there are overpayments and that because of social security law they want the money back.

    I called ESA today to ask about this and the woman I spoke to said that she couldn't answer any of my questions especially as the dates don't match up but she seem to think that it was due to a backdated amount and that I would have to speak with the "overpayments" team.

    She transferred me to them and the woman I spoke to there said that I'd have to speak with the esa team as she was only there to discuss how I'm willing to pay it back.

    Spoke to the esa team AGAIN and the very rude woman I spoke to then said (you guessed it) "I'm very sorry but I can't deal with your request, you need to speak to the overpayments team.

    Ok so guys, where do I go from here?
    None of their dates match up or make any sense!
    None of their advisors seem to be able to give me any confirmation on how they made their decision and came to the amount claimed!
    DWP's left hand doesn't seem to know what the right hand does!
    Where does it leave me?
    What questions should I be asking and how do I move forward.

    I was made redundanticon in Aug and still looking for work at the min so can't really afford to pay all this money back (unless they want 5 a week)

    Thanks in advance guys


  2. #2
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative Nystagmite Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2011
    Posts
    6,702

    Default Re: Esa overpayment

    You need to do a Subject access requesticon. This is where they give you everything they have on you.


  3. #3
    Basic Account Holder Miki123 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    84

    Default Re: Esa overpayment

    Then what? The letter states I only have 1 month to appeal to the overpaymenticon request. It could take that just to get the SARicon information.



Viewing CAG on a small screen? Switch to the mobile version of the site

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE