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Everything posted by SteveMetal

  1. RESULT !!! My wife has just received a letter from the DWP. They say: We have looked again at the facts and evidence we used to make our decision and as a result we have changed the decision. The overpayment has been recalculated as follows: It now stands at around about £60 ! I'm sure we can pay that off no problem! So for anyone else who is certain they have been wrongly accused of owing money to the DWP, put the debt in dispute and send for an SAR request, and if you receive evidence proving your innocence, then send copies of it to them, and they just might ch
  2. My wife has now received the SAR request and it is starting to make some sense. It appears that my wife has mistakingly told the DWP herself that she stopped claiming Carers Allowance on 29th October 2001, as they have supplied a copy of forms and a letter which she filled in and returned back in 2004. But they have also supplied copies of a statement from both herself and her Father dated February 2002 confirming that she is still caring for her Father. The only thing I can think of is that she started employment between 1st and 30th November 2001, so maybe she stopped claiming on
  3. My wife has received another letter from the DWP Debt Centre Trafford this morning with some of the requested information for the SAR request. The letter says: I apologise for the delay in contacting you with regards to your Data Protection Request. As the overpayment to recover is for Carers Allowance, I have forwarded your query onto the Data Protection Officer for this Department. They will provide you with the information they hold as soon as possible. For the moment, I am able to provide you with a small amount of information. Please see the following details: Debt Manager Computer
  4. Thanks for you advice once again Erika, it is much appreciated. We have prepared another letter stating we have yet to receive the requested information, pointed out the date of the SAR request and asked for to wait until we receive this information before we engage in any further correspondence. We've also signed and returned the copy of the last letter which they had sent back to us. We should hear something from them end of the week about the SAR request.
  5. The last letter she sent off asking for information she did not put her signature on, as i've read cases where debt collectors (not the DWP) will copy signatures in trying to force people to pay up. The letter she has just received states: In reply to the letter received on 06 September 2010. Unfortunately you have not signed the letter. Please sign the enclosed letter and return to us as soon as possible. I have sent a copy of your unsigned letter to our Decision Makers so they are aware of you intention to Appeal however they will not review the decision until they receive a le
  6. My wife has received another letter from the DWP acknowledging her intention to appeal and are asking for her to provide more information as to why she thinks their decision is wrong with any supporting evidence. I am surprised they are letting her appeal as it has been almost 6 years since the decision of the overpayment was made, but she did not receive that letter due to her no longer living at that address, so maybe that's why they are letting her appeal now. What we are stuck with now is what kind of evidence can we provide to prove she was still caring for her Father between No
  7. Thanks for your help Erika, we shall prepare a letter mentioning everything you said and wait for their reply.
  8. It seems like that when they originally said January-March 2002 they weren't sure on the exact dates, they probably did not have the details available to them at that time. She is not sure who notified the DWP about her mother passing away, it was either her sister or her father, there's definately been a mix up somewhere. So what now, do we wait for the results to come from the SAR request or does she write another letter to them attempting to explain the situation?
  9. My wife received a letter from the DWP yesterday which was replying to the first letter which she sent out. They have enclosed a copy of a letter which was sent to her on 24 August 2005 at an old address which she was no longer living at, so she never received this letter. This letter states: The Carer's Allowance (CA) Unit was notified on 29/03/04 that you were not engaged in caring for (her father) for at least 35 hours per week. This means that you have been overpaid by £*** from 05/11/01 to 17/03/02 and you now have to pay this money back. On Page 3 of this letter 'Decision Mak
  10. She did receive a letter from them in late 2002 about the overpayments, but she queried this with them because she did not understand how the overypayments came about. That was the last she heard from them until late 2009 when she was claiming benefits briefly, they took a couple of payments from her out of her benefits, but shortly after she returned to work so stopped claiming the benefits and they were unable to take any more money from her. We thought she would have received a letter before now asking for the money to be repaid but did not hear anything from them until recently. The l
  11. Thanks Erika, i've filled the SAR form in and prepared another letter, I shall send this tomorrow by Recorded Delivery and wait for their reponse.
  12. Thanks Erika, The money the DWP are chasing dates back to 2002 which is over 6 years, so is there any point in me sending a SAR to them?
  13. I've read elsewhere that to send a request for an SAR you also need to send a cheque for £10. Does this apply?
  14. We're just looking at this SAR form, I assume she needs to fill in the whole form and send it with the letter, ticking all the relevant boxes in Part B (what information we require). What is the difference between Computer records and Clerical records?
  15. The letter I sent was in my wife's name, she did not sign it, just printed her name to avoid them trying to duplicate her signature. So i'm guessing they either don't have proof or just can't be bothered to look for it, and are hoping she will be scared into paying up.
  16. I received another letter from the DWP today, totally ignoring the letter which I sent out to them. It states DO NOT IGNORE About the £*** still owed We have contacted you about paying back this money. You must make a payment by 17/8/2010 Please do not ignore this letter. This will not mean you can avoid paying back this money, and you need to contact us to stop any further action being taken. If you cannot afford to pay this money you still need to contact us. We are willing to discuss the amount you pay each month. You must send any payments to: Depart for Work and Pension
  17. I've seen this listed on a few different debt sites: Benefit Overpayments & Social Fund Loans The Department of Work & Pensions (DWP) has 6 years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over 6 years old as they don’t need to go to court to do this. This applies to overpayments of benefits such as income support, job
  18. My wife has received a letter from DWP Debt Management about an overpayment for Carer's Allowance which she owes which dates back to January - March 2002. The letter is asking her to pay back the money immediately and giving her the option to contact them to discuss repayment terms. The letter ends in: What happens next If we do not hear from you by 03/08/2010 we will consider taking further action to recover this money from you, therefore please do not ignore this letter. Now I am aware that they cannot take court action to recover this money due to the debt being over 6 years o
  19. She was not asked at the interview why she left. Hopefully they have either received the reference and are not concerned or will not bother chasing it up. I'm aware of the 3 months date to take them to a tribunal. We are currently looking into it.
  20. could somebody please help,my wife was dismissed from b and q on the 7th august the reason given was gross misconduct, in that i have reasonable grounds to believe that you did a serious breach of the companies operating and security procedures whereby on the 23/07/09 you failed to challenge a customer leaving the store without making payment for his goods. she was on the self service tills at the time , and did not notice he had not paid for 1 item until he left the store,she did contact the security guard. what my problem is her handbook says in all cases shoplifting you should conta
  21. I've found out that they do state you have been dismissed but do not state the reason. As for the tribunal date, ACAS are doing a pre-claim conciliation, if a settlement is not reached it will then go to a tribunal.
  22. Does anyone know what B&Q are like in giving out references? Do they go into details of why you left your job? I'm asking because my wife lost her job there and they put it down as "Gross Misconduct in a serious breach of the companies operating and security procedures, whereby you failed to challenge a customer leaving the store without making payment for his goods." She is taking them to a tribunal over this as this was not her job to do that and the B&Q policy manual confirms this. We are just a bit concerned that they will mention in references that she was sacked
  23. My wife received a letter from the DWP at the weekend about an Overpayment for Carer's Allowance which she was receiving some time ago, this debt is from over 7 years ago. They are going to be deducting payments from her fortnightly Jobseekers Allowance. Now from reading other posts and doing a bit of research, what I understand is that due to the age of the debt being over 6 years it is classed as Statute Barred, so they can not take any legal action against her, but they are able to deduct it from her payments whilst she is claiming. What I want to know is, when she returns to wo
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