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 overpaid 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 call on my phone bill.

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 sick)

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

Thanks all x

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

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?

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

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

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 overpayment 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 Request 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/organisations/department-for-work-pensions/about/personal-information-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 SAR, 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 overpayment, they can not demand the money is repaid or levy any "fines".

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

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

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 SAR in as soon as possible.

Thanks for your advice.

Ill do that now. Much appreciated.

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

I'm sure they record every phone call. 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

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!

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 overpaid 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 call on my phone bill.

 

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 sick)

 

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

 

Thanks all x

Can I ask how much the over payment amount is !

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.

Can I ask how much the over payment amount is !

Yeah you can .. It's for £311 apparently.

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.

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.

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