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DWP chasing me for carers allowance from 1997


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Hi

 

I would be grateful if anyone could let me have any thoughts on this. It's a bit long sorry.

 

In October 1996 my Mum was diagnosed as terminally ill. We decided that I would become her carer, she signed on DLA and I received carers allowance.

 

My Mum subsequently died in March 1997 ay the age of 45 :(

 

A few weeks after her death I sent my giro book thingy back to DWP and advised of her death.

 

Over the following couple of years thing were a bit difficult, I managed to do an excellent job of breaking my leg and also suffered a couple of miscarriages. I vaguely remember them sending me letters about an overpayment and me arguing that the book had gone back and I hadnt had the money. however to be honest it wasnt something that was of great importance to me at the time.

 

On and off for the last allmost 13 years DWP have been chasing me for an overpayment of carers allowance. They claim that they never received the book back and therefore I am liable for all the giro's in there. Over the last 13 years I have contacted them several times and said that I have never had the money, unfortunatley I havent got copies of correspondence anymore.

 

The last time I contacted them I was told that they havent got copies of anything anymore and basically it's tough, I have to pay whether I have had the money or not :( so over time I have paid bits and pieces and just recently they made deductions out of my maternity allowance, aprox £17 per week out of £54 :mad:

 

Today I have received a letter which says that they have previously taken enforcement action through the county court and therefore I need to contact them urgently!

 

What on earth do I do?

 

I have already paid several hundred pounds back that I never had in the first place and now they want another £287.12

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You need to raise the matter with your MP and ask him or her to intervene - you'l find they will sit up and take notice then!

 

All giro's can be traced to see if they have been cashed and where they have been cashed. If they have no proof that the giro's have been cashed then they have nothing to chase you for as they cannot be cashed now.

 

They have to have proof of an overpayment and proof that the overpayment was at the fault of the customer before they can get anything granted via a court.

 

You can find your MP here

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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You need to raise the matter with your MP and ask him or her to intervene - you'l find they will sit up and take notice then!

 

All giro's can be traced to see if they have been cashed and where they have been cashed. If they have no proof that the giro's have been cashed then they have nothing to chase you for as they cannot be cashed now.

 

They have to have proof of an overpayment and proof that the overpayment was at the fault of the customer before they can get anything granted via a court.

 

You can find your MP here

 

Thank you for your advice.

 

When I last asked them to prove I owed the money they said that they couldnt because all the paperwork would have been destroyed by then :confused:

 

So can they still trace giro's after 13 years?

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How bizarre, crockie. I would have thought if they haven't any proof then how on earth can they prove you owe it. I'd definately be wanting to follow Erika's advice...

Good luck.

Rae.

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