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.

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  1. #1
    Basic Account Holder Kel1702 Novitiate

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    Default Dwp overpayment .. Their mistake??

    I am new to this forum so please excuse me if I've posted in the wrong place.

    I received a letter today from DWP after I refused entry to a dwp when they would not tell me why they were at my door!
    It states that I was overpaidicon ESA from 27/11 to 18/12 as I failed to notify them of my change in circumstances. They have also added on a penalty fine.

    I did notify them .. On 22/11 by telephone and I have a record of making this phone callicon on my phone bill. <br />
    It must be there error and certainly not mine as I did notify them (a woman at the job centre standing in for my advisor who was off sickicon)

    Just wondered what your experiences were and where I stand??

    Thanks all x

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    Default Re: Dwp overpayment .. Their mistake??

    You are in the correct forum - I am sure someone will look in over the weekend for you

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  3. #3
    Basic Account Holder Kel1702 Novitiate

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    Default Re: Dwp overpayment .. Their mistake??

    Thanks

    I'm really upset about it. The woman on the phone even gave me advice about claiming rtw and sent me the forms through the post .. But it seems did not update my claim details.

    Do they not record calls as I can prove I rang them?


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    Default Re: Dwp overpayment .. Their mistake??

    Hello there.

    I think you'll get more replies on the benefits forum, so I'll move your thread there and leave you a short term redirect from this forum.

    My best, HB

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    Default Re: Dwp overpayment .. Their mistake??

    Oops sorry, I thought that was where it was.. my apologies

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    Uploading documents to CAG ** Instructions **

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    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read

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    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
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    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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  6. #6
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    Default Re: Dwp overpayment .. Their mistake??

    Quote Originally Posted by Kel1702 View Post
    I'm really upset about it. The woman on the phone even gave me advice about claiming rtw and sent me the forms through the post .. But it seems did not update my claim details.

    Do they not record calls as I can prove I rang them?
    Some calls are recorded - Usually the ones made to a central call centre. Most calls to a local Job Centre would go unrecorded. With that in mind, it is difficult to prove that you notified the DWP of a change in circumstances unless you have written evidence. The first step in getting this overpaymenticon decision reversed is to write to the benefit delivery centre that sent you the letter and ask for a reconsideration.

    While the reconsideration is being processed, send a Subject access requesticon to your local DWP/JCP office demanding copies of all computer records, clerical records, and hand written notes held by the office normally handling your claim as well as all records held centrally. You can use the attached form or type your own letter. See https://www.gov.uk/government/organi...mation-charter for more info - In particular, note that the DWP do not charge a fee, so make free use of it.

    Once you have copies of your records, you should be able to spot if this temp adviser had noted a change of circumstances. If, after reconsideration, the DWP still demand repayment and the records show that a change had been noted, you have good grounds to demand an appeal - If the reconsideration is returned before you get a response from a SARicon, advise the overpayments team that you intend to appeal once you have been provided with documents.

    Bottom line: If you can get them to acknowledge an official error in making an overpaymenticon, they can not demand the money is repaid or levy any "fines".

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  7. #7
    Basic Account Holder Kel1702 Novitiate

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    Default Re: Dwp overpayment .. Their mistake??

    A copy of my phone bill with a call to them on would not be proof that I called them and notified them then?


  8. #8
    Basic Account Holder Kel1702 Novitiate

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    Default Re: Dwp overpayment .. Their mistake??

    What if the temporary advisor hasn't noted it .. As this is what appears to have happened but I definitely did as my phone bill proves


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    Default Re: Dwp overpayment .. Their mistake??

    Unless the conversation was recorded, a phone bill proves nothing - In future, always record conversations or communicate in writing and keep copies of everything including forms the DWP ask you to fill in.

    In your current situation, demand a reconsideration as part of a delaying tactic and get that SARicon in as soon as possible.


  10. #10
    Basic Account Holder Kel1702 Novitiate

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    Default Re: Dwp overpayment .. Their mistake??

    Thanks for your advice.

    Ill do that now. Much appreciated.


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    Default Re: Dwp overpayment .. Their mistake??

    I'm sure they record every phone callicon. Not sure how long they keep them for though.


  12. #12
    Basic Account Holder Kel1702 Novitiate

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    Quote Originally Posted by Nystagmite View Post
    I'm sure they record every phone callicon. Not sure how long they keep them for though.
    Fingers crossed then!
    I find it outrageous tbh .. If I can prove I rang them surely that shows their failure and not mine. Talk about a backwards system .. The mind boggles


  13. #13
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    Default Re: Dwp overpayment .. Their mistake??

    Quote Originally Posted by Kel1702 View Post
    Fingers crossed then!
    I find it outrageous tbh .. If I can prove I rang them surely that shows their failure and not mine. Talk about a backwards system .. The mind boggles
    Like everything to do with the DWP - it is for the claimant to prove everything even down to not receiving letters that they say they posted!


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    Default Re: Dwp overpayment .. Their mistake??

    Quote Originally Posted by Kel1702 View Post
    I am new to this forum so please excuse me if I've posted in the wrong place.

    I received a letter today from DWP after I refused entry to a dwp when they would not tell me why they were at my door!
    It states that I was overpaidicon ESA from 27/11 to 18/12 as I failed to notify them of my change in circumstances. They have also added on a penalty fine.

    I did notify them .. On 22/11 by telephone and I have a record of making this phone callicon on my phone bill. <br />
    It must be there error and certainly not mine as I did notify them (a woman at the job centre standing in for my advisor who was off sickicon)

    Just wondered what your experiences were and where I stand??

    Thanks all x
    Can I ask how much the over payment amount is !

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    Basic Account Holder bedofweeds Novitiate

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    Default Re: Dwp overpayment .. Their mistake??

    Quote Originally Posted by Kel1702 View Post
    What if the temporary advisor hasn't noted it .. As this is what appears to have happened but I definitely did as my phone bill proves
    Your phone bill will show that you made the call. It doesn't prove why you made it or what was said.


  16. #16
    Basic Account Holder Kel1702 Novitiate

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    Quote Originally Posted by 45002 View Post
    Can I ask how much the over payment amount is !
    Yeah you can .. It's for 311 apparently.


  17. #17
    Basic Account Holder Kel1702 Novitiate

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    Quote Originally Posted by bedofweeds View Post
    Your phone bill will show that you made the call. It doesn't prove why you made it or what was said.
    As I feared.


  18. #18
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    Default Re: Dwp overpayment .. Their mistake??

    Quote Originally Posted by Kel1702 View Post
    As I feared.
    It can serve as supporting evidence, but no, it doesn't prove anything in and of itself. Still worth mentioning, though, if you're asking for a reconsideration.

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  19. #19
    Basic Account Holder Kel1702 Novitiate

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    Quote Originally Posted by antone View Post
    It can serve as supporting evidence, but no, it doesn't prove anything in and of itself. Still worth mentioning, though, if you're asking for a reconsideration.
    Thanks for replying. I have mentioned it and included a copy
    In the letter for reconsideration. Time will tell but It seems the outcome is inevitable



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