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  1. Not sure if this is benefits or should be somewhere else. There is an outstanding debt to DWP for an overpayment which my relative had been paying off slowly for about 10 years. The relative died recently, and I am dealing with the estate. Within less than 2 weeks from the date of death I had quite a stroppy letter from DWP demanding immediate repayment of a sum about double what I had expected or alternatively providing detailed information on all of the estate's assets in a form to be returned within 7 days. Leaving aside the sensitivity of contacting me even before the funeral, I couldn't either pay them or provide the information they asked for in their time scale even if I wanted to. Are DWP even entitled to detailed information about the estate's assets or to demand payment/information so quickly? I was under the impression they were no more of a priority than the credit cards for example.
  2. We've been through all the usual probate etc for my mum in law who died Feb 2018. We've now received letters from the DWP saying my late mum in law may have been overpaid an income related benefit. They say according to their records and those of the probate there appears to be a discrepancy and want us to provide all her financial statements covering 2003 - 2013. They've told us not to distribute any funds from her estate (which we had already as it all went to my husband, before we'd even heard from them). They've said they can work on the figures they have and calculate the possible overpayment but its best if we provide the information for them so they can make an accurate assessment. I assume the cheapest option would be to approach the banks with SARs? However, before I do this, can I ask the DWP to provide all the information they have regarding her payments of benefit and her applications for benefit because, to be honest, neither myself nor my husband recall filling in any forms for her (and its something we would normally do as she's registered blind). We do know she was getting a pension credit (savings based only) but we've no idea when it started or how she came to claim it - perhaps we've just forgotten as its so long ago. However, I don't want to just take their word for it so how best to approach this really, if anyone has any advice. I'm not trying to avoid any repayment (if one is due) but naturally I'd like to check for myself as well, if that makes sense. Any advice greatly appreciated.
  3. Hello About 12 month ago i was receiving phone calls and letters from a debt collection agency, demanding payment of £2700, during the 1st and only conversation i requested proof of debt in writing, ie signed paperwork, payment details, how, where and how this debt came to be, as i have had no claims or dealing with tax credits for over 10 years. Any hoaxer can send mail out like this, i have not received any of the above. My partner and i have now received a letter each from tax credits stating that the debt has been returned to them unpaid and demanding the payment in full, again no proof of debt just a sum of £2700. What do we do next ignore or do we make contact with tax credits, ive been told that if we contact them its admitting liability to the debt. Thanks in advance
  4. Hi I wonder if anyone has managed to have their tax credit overpayment written off? I got a letter in 2015 from HMRC telling me I owe £390 from 2009. I have no other details. They past the debt to Pastdue. I read all the tax help I could and found this “Claimant is on sickness/incapacity benefit Where a claimant is in receipt of a sickness benefit such as incapacity benefit or employment and support allowance, cannot afford to offer any repayment to HMRC and there is little prospect of them ever gaining employment, HMRC should write off the outstanding overpayment. If there is some prospect that the claimant may be able to enter employment in the future, recovery should be suspended for 12 months and the situation reviewed at the end of that period.” I wrote to Pastdue, sent them income / expenditure and said I couldn't afford to pay and asked them to write the debt off as per HMRC guidelines. I got a letter back a week later saying past back to HMRC I heard nothing till today when I got a letter from HMRC saying I owed them £390. I went back to my letters and checked my link, it's now changed slightly to this Claimant is on sickness/incapacity benefit Where a claimant is in receipt of a sickness benefit such as employment and support allowance, cannot afford to offer any repayment to HMRC and there is little prospect of them ever gaining employment, HMRC should remit the outstanding overpayment. If there is some prospect that the claimant may be able to enter employment in the future, recovery should be suspended for 12 months and the situation reviewed at the end of that period. If the claimant becomes entitled to universal credit then the tax credit debt can be collected by DWP from the UC award. I called HMRC to ask ask for them to write the debt off and was told I need to call back with a full income / expenditure but he said they don't write any debt off... so, I am confused as to why the website would say this, why I haven't heard anything for years and wonder what is the best way forward. I can't afford to pay them anything, but would pay £1 a month to stop any further actions. any help? thanks
  5. Hi, please if someone could give me advice I would be entirely grateful, I started receiving ESA contributory in the support group 2012 without going into the details last year after a compliance meeting telephone call I was found to have been overpaid since that date, I am going through the appeal stages at the moment preparing paperwork SSCS1A, I was either informed or read it somewhere in my many searches, THE QUESTION IS IF MY PAYMENTS STARTED PRE 2013 DO THEY COME UNDER A DIFFERENT LEGISLATION IF SO HOW WHAT WHERE, IF NOT THANK YOU FOR ANY INFORMATION, I'm sorry I wasn't shouting just trying to emphasize the issue that I have have a short time to Lodge appeal many thanks again.
  6. After some advice here folks. Last August HB contacted me saying I had been over paid to the sum of £700, Down to the fact changes in tax credits, changes in tax code etc and I didn't notify them. I admit I didn't, it was my own fault and so my housing benefit was getting reduced to repay the overpayment, lesson learned, notify them of everything. So imagine my surprise when the exact same thing happened again this August, another overpayment for £400. I did notify them of everything this time. I disputed this, I gave them times and dates when I called in to notify them but they were not interested. When my money wasn't in last week I phoned to inquire why, they told me a pack of lies, saying it was a system error, nothing to worry about, payment will be in the next payment run. The next day in comes the overpayment letter. I put it bluntly to them any issues was down to whoever answers there phones, they are totally incompetent, not down to me, I played my part, I notified them and even gave them times and dates after searching my phone records, they would neither confirm or deny it was there fault. I have also put this in writing but I suspect it won't matter who is in the wrong it will still be my fault and i'll have to repay it. Is there anything else I can do?
  7. Hi, This morning i received a tax refund from HMRC, as I have paid to much tax on my earnings when I shouldn't of. I contacted the carers allowance department and they have suspend my payments while they investigate, as they think I have been overpaid however my net pay is under their threshold because I've been paying tax. Can they claim it back from me as I was not at fault? Thanks
  8. Hello Back in June 2017 we had a letter stating due to income (loads of overtime) we had been overpaid tax credits and payments would stop. In August another letter stating that overpayments of £2800 had been received but a final decision would be made. Final decision made and we are now facing a demand for this amount. I have checked through our finances and this seems correct, they want all of 2016 -17 back and the few months of this years. I have read through many of the threads about this and the advice is generally not to phone them, in this case I guess it's ok just to set up a repayment plan? Can they force the amount or will they have to settle for what we can just about afford? say £50-60 a month. Just want to be forearmed before I make the call. many thanks in advance. mutts
  9. Didn't know whether to post here or in a benefits subforum. I recently received a letter from Jacobs chasing me for an alleged housing benefit overpayment of just under £2000 from over 7 years ago. I have responded in writing by disputing the debt and stating that as it is statute barred it is now unenforceable although I understand it may be recovered by the local authority through an attachment of earnings order (I am self-employed though) or deductions from future benefit payments. I had no prior knowledge of the alleged debt, have never acknowledged it, and no court information pertaining to it has ever appeared on my credit report. Jacobs have responded by giving me 7 days to pay in full (expiring 12 noon tomorrow) or they say they are going to take me to court. They have provided no breakdown of the amount they claim I owe, or any proof that I owe it. What's my next step?
  10. Good Morning. Please could anyone offer advice or shed light on my situation. Hubby and i split 2016 after i discovered he was having an affair, never thought to finacially seperate as lots of things were going on and i was dealing with heartache. Fast forward to June 2017 and we decided to give our relationship another go, i failed to inform tax credits as wanted to make sure that the relationship was going to stick...mistake or not i was stupid. Recieved a letter of compliance asking In Nov 2017 asking for information to be sent as they have links that x was linked to address, called them and told them that i fact i was back with hubby and i was sorry i didnt call earlier, lady told me that as i hadnt finacially seperated and i had no proof he wasnt staying at the property earlier my claim would have to be cancelled from April 2017 and now if things like this happened again i had to make sure i finacially seperate from hubby and that i would be able to make agreed payment amounts to pay back overpayment. Recieved a letter the following week from compliance team saying “ thankyou for disclosing that i was living as a couple, my claim has ended and i would recieve a new award for the year. Following week recieved a amended statement saying if nothing changes between now..nov 2017 and april 2018 i would have a overpayment of just over £4000 but this was still to be confirmed. Fast forward to present day and i still havent received this final overpayment letter stating what i owe. Is this normal? 7 months is such a long time and i am panicking they are looking into other things that could lead to me being prosecuted and being sent to prison. Before our split we had never had to claim tax credits as we were above the threshold. No other benefits we claimed during our split just tax credits. I dont know if i am being silly and worrying over nothing. Shall i call HMRC and enquire when i am likely to hear or just leave it unti they contact me. If anyone can offer even the smallest of advice that would put my mind a rest i would be eternally grateful. Many thanks
  11. My partner, in a previous relationship, managed to get into housing benefit overpayment situation. It is being paid back through a DEA to the council but at a very small % of part time working at minimum rates of pay. It will take decades. I thought I'd ask here first, would a full and final settlement figure be an appropriate thing to seek under these circumstances, and if so, what figure. thanks
  12. Hello, Sorry if I have posted this incorrectly, I'm at my wits end and so worried dont know what to do, I was claiming housing benefit, and then my partner moved in, at this time we were both working part time. I re-applied for a joint claim, Apr 2013 and gave wageslips and bank statements and so on to which I was advised I would still be entitled to Housing Benefit. In June my partner increased his hours from 20 to 37 and I went on my councils website in May to advise that there had been a change in circumstances and also that my rent had increased. A few weeks later I received a letter advising that I was not entitled to the full amount and was only entitled to around £28 a week. (I was under the impression that they had received my change in circumstances and acted upon it). Stupidly I didn't even check the amount in the paperwork as I just thought that we were still entitled to it as I was still part time and his wage hadn't increased by a large amount. In Sept 2015 I was advised that I wasnt entitled to housing benefit anymore and then in In February 2016 I was interviewed under caution and advised that I had not advised them that my partners wage had increased and that it was going to be investigated. I then received a letter advising that I had been overpaid by £5600, I was mortified and advised that I wanted to pay it back asap. I sent in an appeal as my circumstances at the time were not good, i received nothing back from them to advise they had even acknowledged my appeal, then when i spoke to them the other day they advised that they had closed my appeal down and just withdrawn it by £100 I re-applied when i was on maternity allowance, they advised i was entitled to around £10 a week of which they would claim that back towards my debt, then when i went back to work they advised me i wasnt entitled so I set up a payment plan of £30 a month. Now I have received a letter saying i need to go to court i am at my wits end. From the free legal advice that I have received they are saying if i plead guilty I will get a criminal record and fine but if i plead not guilty then it could be drawn out longer and court costs could go up more and i could be looking at prison. I have never done anything wrong in my life i'm so worried im going to leave my children.
  13. Hi, Hope someone can help. Our daughter recently died.We have had the funeral but the matter of costs is worrying. She has no estate as such and only has around £800 in her account . She received an ESA payment of around £250 2 days after death and one weeks housing benefit of around £80. My main question is her funeral has cost around £2600 + , we paid the cremation fees and cost for a celebrant up front which was around £1000. There is a £1600 bill to be paid to the funeral directors which is due on the 10th April. My brother in law who used to be a bank manager is dealing with her money etc... on a sort of imformal basis as the estate/money is so small. Can my brother in law direct all the money in her account towards funeral costs or will the DWP or council demand repayment of any overpayments? My brother in law says they can chase after him for overpayments as we are aware the payments came into her account before we had a chance to freeze her account. My wife and i are on low income but don`t qualify for a funeral grant(as far as aware) as we are only on working tax credits (without child element) and a basic state pension (without pension credit). Any help or advice appreciated. We are preapred to pay the remainder of the £1600 due but need clarity on how much we can use from her account.
  14. Hi, Naturally looking for some guidance, the details are as follows: I currently have a repayment plan with HMRC for overpayment, which i disputed via TC248 and a further appeal, which HMRC failed to acknowledge i was going around in circles and just agreed a repayment plan. I have received a letter from Pastdue for a further overpayment, this is the first i had heard about this as i would have definitely challenged this all the way to court. One overpayment, i can stomach, but further miscalculations are frankly disgusting and damn right unprofessional from a systems perspective. I contacted HMRC and asked why they had not contacted me, they responded that they had a sent a letter which i clearly had not received, they advised to take the issue up with Royal Mail, which is laughable really. Ironically i was calm and polite on the phone and the lady said i was talking to her aggressively, which was utterly pathetic and frankly untrue to be honest. She refused to take full payment off me and said i had to deal with Pastdue, i explained i owe HMRC the money and wanted to pay and have no dealing with some half baked collection agency, she then promptly cut me off. So now i have a sum of £1700 owed which i can pay right away and i have submitted SAR. It's a matter of principal that i have not been able to exercise any rights that i may have and have been unfairly denied the ability to make payment or to enquire further as to how the overpayment was calculated. Will this affect my credit rating, can pastdue send bailiffs, do i have an amount of time, do i have to acknowledge anyone? Where do i go from here? and thank you for taking the time to read my post.
  15. Hi All I have been arguing with HB (Bexley Council) for some time over a debt that dates back to 2011 when I was self-employed. They have had all bills/receipts and didn't even look at them just wrote back saying no you owe us £27,000. I went to appeal where off the record the Judge gave me advice and said if you haven't the money they cannot get blood from a stone. The trouble I have is this - I am now employed and they want to do an attachment of earnings. They have said I have £137 spare income per month and should pay them £100. The truth of the matter is the DLA payment I receive into my account is my son's as he cannot run his own bank account. It is clearly marked with his NI number and not mine. I have just received a letter from HB where it is stated because my son is a dependant (he is 25) then his money has to be taken into consideration. I didn't think this was allowed? They are also including my carers allowance (I am not sure on that one). The council have said they will not enter into any more correspondence with me until I prove paperwork of my loans (which I can do) and my rent (again I can do). Where do I go from here? I really do not have the £100 spare. Thank you
  16. Well just had 2 letters from HMRC stating that they have overpaid the tax credits 2014 - £768.78 2015 - £1413.13 2016 - £1577.99 ( Estimated ) Total of £3,759.90 Called them tonight regarding the issue, 1, HMRC asked for payment in full tonight - My reply was cannot pay in full 2, HMRC then asked pay in full in 14 days - My reply the same cannot pay in full 3, HMRC then asked if i can borrow the money to clear the amount in full - My reply was your joking borrow They has stated i can pay each month at their agreed rate of £80.00 or they will pass on to debt collection firm who will add charges, being forced to pay an amount which we cannot afford. Has anyone got any information how to deal with HMRC :mad2::mad2:
  17. Hello, Your advise is needed pls.. I Was receiving the chidcare costs, My Son had to stop the Nursery last year July 2016 because he fell very ill and had been in and out of the Great Ormond Strreet Hospital with lots of surgeries, His Consultant also advised that he stays at home away from viruses . I am a single Mum , My work suffered as I can not work as I used to , So relied on the childcare as income to sustain myself amd 3 young kids. I have Never been on Benefits from the DWP so don't even understand the process, besides the thought of being on "Benefits" via DWP makes me feel low self esteemed. as I never bargained to be in this situation, Always been working. This year June 2017 I got a letter to provide last year Nursery payment evidence, So i called and told them that My son stopped the Nursery this year March 2017 as opposed to last year July 2016. But they called the Nursery and the Nursery told them the actual date. I know I was WRONG .. but we just had to survive My son has been very ill , I have had to look after him , not being able to work as such, being self employed. The payment has drastically reduced.. Now because I am too ashamed/scared to call them , return their calls I got a letter that they are investigating and I might have to pay back all overpayment and also be liable for a fine. Please advise.. as i do not know how to handle this.
  18. Hi I am now a pensioner and not very good with computers . My problem being - late return of year ending WTC form. I had a letter from HMRC that I had failed to return the form (which I had) . I then contacted hmrc by phone and explained and apologised that at the time I should have filled in the form I had been in hospital where I was diagnosed with cancer , he was very polite and sympathetic and told me not to worry and ignore the letter as I had until January to complete and return it . This is where I do get really confused although he did say something with reference to the letter and I cant remember what he said , one of the side effects of cancer is memory loss (not my words) anyone professional within that area will confirm . I then (again dates unknown) firstly receive from HMRC a letter stating an underpayment of around £153 , and a couple of days later another letter stating I owed the full payment that we had received for the 2016/17 year . I contacted the "debt recovery" number on the letter and explained all the above , which the agent informed myself that there was nothing she could do but I would be sent an "appeals" form which I have received . Could someone please advise regards roy. Hi Just to clarify so as not to confuse , I retired at the end of the 2016/17 financial year = April.
  19. good evening, today when I came home, I had received a letter from the council about an overpayment of housing benefit for 487.59, from over 5yrs ago. the period 02.04.12 to 07.10.12. it was created on the 09.10.12 due to tax credits and start of higher paid job, notifications letters were sent to you informing you of this. they have said that they are going to send out an invoice for this over the Christmas period and to please call the office to set up an arrangement for a payment plan. I phoned the council as this was the first I knew of this overpayment. I spoke to a lady who brought up the account seemed surprised it was so long ago she confirmed that I hadn't received any letters about this, only notification letters. I presume they mean by notification letters, they mean award letters. thank you I have received nothing else from them and pay my rent in full and council tax, in fact have only got 26.00 left to, pay on my council tax. I have written an email to them complaining, which is what the lady advised what I would like some advise on whether you anyone thinks I have a case or if I will have to find the money which I don't have.
  20. Hi, My partner and I have been overpaying her interest only mortgage in order to try to reduce the capital. Due to changes in our circumstances we can no longer do this and have reduced the monthly payments back to the original. We could do with some extra money over xmas and wondered if we can recover the overpayments made this year? As I understand things the interest is added at the start of the year so as long as we pay that amount over the year then we should not have a problem. I'm not sure if the Building Societies year runs Jan-Dec or April-March but can find that out. Your valued advice would be appreciated.
  21. Hello , I have found this to be a great site giving invaluable help and advice and would like to ask if anyone can advise on my problem. I will keep it as brief as I can. I was employed for 6 years with a retailer who recently changed ownership. I was on a salary contract. I left last December to become a full time carer. In the summer of 2016 I had family problems and informed my employer I would be resigning. They were initially supportive and my manager said I could work a reduced schedule while I sorted my problems out. This was agreed for 3 months initially. I told my manager I would need to inform housing benefits etc if I reduced my hours. He told me I would be paid the same and not lose any money so I didn't change anything with my benefits. My employer continued to pay me my full salary. This arrangement went on for 5 months in the end. At the end of the 5 months I told them that I still had issues to deal with at home and again tendered my resignation. Again they offered me a different choice, stay on but at an hourly rate which I did for the next 2 months before finally resigning for good to become a full time carer. The problem is that the company now say they overpaid me for those initial 5 months and the manager is saying he never said I would be entitled to full pay. They have been getting Ascent legal to send me letters wanting nerly £4000 in overpayments back and have just send me a letter of claim threatening legal action. No official changes were made to my contract - I was salary paid so received a regular amount each month. If I wasn't led to believe I was entitled to full salary I would have claimed the benefits to make up the difference. I cant backdate them now I have told them this and queried why they paid me full salary for 5 months - they say they made a mistake and didn't notice. I did initially say if there was an overpayment I would pay it back at an affordable rate ( my I&e calculation only left me £10ish a month to offer in the event there was an overpayment. Sorry to ramble but if anyone has any advice I will be very grateful. I haven't benefited at all from this situation as I would have actually been better of either resigning as I intended or changing my contract officially to 15 hours and claiming benefits. Thank you if you can advise
  22. Hi When I was at university as a single mum, I claimed income support, which you're entitled to do. This was back in 2001-2004! The DWP have contacted me a couple of times over the years saying I fraudulently claimed and didn't declare I was a student. I absolutely did and in any case I would've still been allowed to get income support. They have now written to me to say they have asked my employer to commence deductions from my earnings. The debt is over £11,000! My understanding is that a debt becomes statute barred after 6 years so are they allowed to take this form of action? Ive appealed their decision twice over the years and they've dismissed it, the last time they didn't even look in to it, my bet is because they don't have the paperwork anymore!? I dont actually owe them anything, it clearly says in law that you can claim income support if a student and a single parent so I don't understand it! Can anyone help? Thanks
  23. Sorry for another thread but I really am in a bit of a mess/state at the moment and really need some help/advice. After sorting out my UC claim I totally forgot about a WTC overpayment I had from last year and forgot HMRC said to simply wait until I heard from them. Well today I got in from town to find a brown envelope from HMRC saying I owed £1,227.31 from when I was employed as an overpayment. I do owe this and am not disputing it. So, I call HMRC and they tell me that they have passed the 'debt' over to DWP (UC) for them to deal with and they could not tell me any more and I should call UC. I call UC and at this moment in time they say they have no notifications of this on their system however it can be updated at any time and that legally they can take up to 40% of my base award as payment towards the overpayment which works out at £127.13pm My UC award is £572.82pm and there is no way I can pay this amount each month for around 10 months with rent and bills to pay. What makes it worse is that the letter to me could cross and a deduction could be made with nothing I can do about it! HMRC said I should ask UC for an income and expenditure sheet to fill in so I asked UC for this and they said they could not do anything yet as nothing was on their system. I am now in between HMRC and DWP and do not know what to do howeber HMRC said I should be able to come to an agreement with DWP. I done an I&E sheet anyway and worked out that I have £13.92pm after all bills are paid which includes rent, utilities, food etc. What do I do now? Wait for the letter from DWP and then contact them to arrange a repayment plan on what I can afford based on my I&E. Do they have to agree to this if I can prove outgoings or can they really attach a larger amount as a repayment against the overpayment? If it is the latter I am 100% screwed and basically homeless or will there be some compassion based on my circumstances? One part of me is saying I should pay the balance in full by credit to DWP by doing a cash transfer to my current account as it is obviously better being in debt with a bank than the DWP and HMRC the other part of me says surely they cannot take what I do not have. I am very worried about this, what should I do?
  24. Hi all, This is a weird weird situation. I recently found to my delight my previous employer had overpaid salary, basically I was only due (and given) a week's notice, of which I have proof (submitted at the start of claim), and I started my claim for JSA IB and HB at THAT point, yet I now find they paid a month's notice. I was posted a payslip which shows the excess AND with it, a P45 which also erroneously shows my leaving date as if I were given a month's notice!! So, a strange one, I think you'll agree. I have outright proof - a letter from my employer, signed by my line manager - of the 1 week's notice. While I imagine there is little or no way for the employer to clawback the overpayment, I am concerned that : 1) the DWP will now want to clawback the JSA and HB payments made in respect of the excess period; 2) Despite my making my claim in all good honesty the DWP will ask whether I knew of this 'change in my circumstances', and regardless of my answer, question why I did not inform them. I have no past lack of disclosures whatsoever, but as you can imagine, I don't want an investigation in which I have to attend meetings, I already spend too much time in the JC office! Would appreciate advice from those in the know here, thanks.
  25. In March 2017 we got a letter from the Pension Protection Fund's Assistance Scheme telling us that they would pay my wife £5.15 every month less £1 tax. We had no idea why we were being paid but yesterday found out it was because a pension scheme into which my wife paid had gone into administration. For some reason I overlooked or forgot to declare this income as I am on pension credit and as a result we have been overpaid about £25.75 for the past 6 months. I never picked it up in my bank statement as it was such a small amount and I never use that account for purchases etc. This was brought to my attention a letter from a compliance officer asking us to pay them a visit. As it was a genuine mistake I am not too concerned about the visit, but rather than them take £1.18 off every week for the next 6 months, can we ask them to take it in one lump sum or simply just pay it back the 325.75 with a debit card?
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