Somebody please hear me and advise me regarding DWP overpayment / Fraud Debt

[caitlan]

'Hello'

 

Eleven years ago my benefits were stopped I was under investigation for Fraud.

 

I did not declare I got married and held my hands up.

 

They did not want to hear my reasons anyway I have been paying £5 per month ever since.

 

The marraige was a shame. I was a 22yr single parent grieving for the loss of my son and I was totally took in by a manipulative older man. We married within 9 months.

He turned out to be an alcoholic, liar, he beat me and my life was hell.

 

I told the DWP he was in and out of work spent his money on drink and the income support I got went on my flat Bills and living expenses. They did not care and said I have to pay back 18k.

 

I regret the mess I was in so much. The path I chose. I am deeply ashamed of the 2 men I met and lived with since leaving school and bearing children with them.

 

My Childhood was very dysfunctional and I was a victim of abuse and had no self-esteem.

Basically I was a *U** UP!

 

The reason I 'm telling you all this is because I wanted to change, I stopped benefits all together went out and found myself a job still with the same company today and worked through 2 promotions.

I have met a wonderfull man and myself and my children now live a contented normal life, one which they feel safe & secure.

 

Now the Dwp want to review the £5 payments. I now have a morgage with this man he has 2 kids from previous relationship and pays them maintinence.

 

He has took on my two kids and we have alot of debt between us and have no money left we are constantly going into our overdrafts.

 

The DWP have asked to provide proof of bills living expenses.

Will our house be safe if I send a copy of morgage statement?

I'm terrified of my partner finding out about this debt which came years before we met.

It's nothing to do with him but will they take into consideration there's two incomes coming in the household?

 

Do I have to give mine and his personal details on the statement of finance form?

Can they force me to pay more or just take more from my account or take me to court for more?

 

I feel so ill I would rather die than my new man having to worry about our house and my debt.

 

I dont want him to know about it and just wished I had a bit extra money to pay more back as this will hang over me forever.

 

Please help! Thank you

[Tingy]

Are you officially living with this man? Do you both pay council tax and appear on the electoral role at the same address? Do you have any joint financial affairs at all -mortgage, bills in both names, bank accounts, anything? Is the place you're living officially yours or his or in joint names? These will affect whether you need to declare his income, but if you are genuinely living together I think you probably will. They will take into account the overall income (I'm just arguing an overpayment case made to my wife before we even met, but they include my income in their calculations even though her overpayment was nothing at all to do with me). It does not worry me at all that my money may go to her debt as I love her to bits and she's my wife!

 

So on a more personal note, if this man is really different to the others you should be holding no secrets from him. If he is really genuine he will understand and be compassionate towards your situation. The DWP will look at your income and they will decide a figure you should be paying. You can claim against this. If neither of you are on benefits, then we need to find out whether they would actually still pursue for this. The reason I say this is that with my wife, when we got married she lost all benefits due to my income. She recently went back on a small benefit after 7 years of not paying a penny, they're trying to start taking money from her benefit, but not once in all that time did we hear anything from them about payment. Slight difference in our case though is that she is genuinely innocent of their allegation and so we are fighting tooth and nail over it.

 

Try not to worry - remember the saying, "a problem shared is a problem halved." I understand your fear and reluctance in sharing this bit of your past with your new partner, but if he is what you think he is, then he will understand and support you.

[caitlan]

Tingy, Thanks you so much for taking the time to read & advise.

Yes we are living together. He pays the Morgage but it is joint in both names. He also pays the council Tax but only his name appears on that. We are both on electorial role.

We have a loan I pay but in joint names and utility bills In my name and I pay for them.

 

You are so right about telling him as if he loves me he'll support. But 18k alot of money and he worked hard to get this nice house and was so kind to make a comittment by adding me on the morgage.

Like your wife It was before we even met it should be my debt its unfair he should have to pay my debt.

If they make an offer and I appeal against that could they take me to court? We both work and not on any benefits. Could they take straight from my bank account? He is very private person and would not want me sharing his personal details with them. Can you blank out account numbers etc on statements you provide for the DWP.

I'm so worried and feel bad as I have no money left over to buy xmas gifts he does that for the kids and if that is took away from him It's like punishing him too.

[Tingy]

Tingy, Thanks you so much for taking the time to read & advise.

Yes we are living together. He pays the Morgage but it is joint in both names. He also pays the council Tax but only his name appears on that. We are both on electorial role.

We have a loan I pay but in joint names and utility bills In my name and I pay for them. Purely as a word of caution for the future, if you're both living at the same address and both very traceable there, you need to be careful about not declaring you eligible for Council Tax as that is ptentially very serious.

 

You are so right about telling him as if he loves me he'll support. But 18k alot of money and he worked hard to get this nice house and was so kind to make a comittment by adding me on the morgage.

Like your wife It was before we even met it should be my debt its unfair he should have to pay my debt. Totally agree, but that's the way it is. All relationships have ups and downs and you're there to support each other. I know I'm fortunate as my wife and I share everything, good or bad - it was hard, especially for her, to start with a her background was similar to yours, but we got there eventually!

If they make an offer and I appeal against that could they take me to court? We both work and not on any benefits. You are entitled to appeal their decision. What is unfair with the DWP is they act as judge and jury. You're in a strong position at the moment in that you choose to pay them, if you don't in the short term there's not a lot can be done about it. Could they take straight from my bank account? If you're on benefits they take it straight from those, as you're not I don't know. Normal companies can apply through the courts for an attachment of earnings. I also know that until we were back on a benefit the DWP left us alone. As you have been paying, I'm sorry, but I honestly don't know what they'd do. He is very private person and would not want me sharing his personal details with them. You are perfectly entitled to tell them only a court can demand your income and expenditure sheet, but I think you are almost asking them to take further action if you start to become unco-operative.Can you blank out account numbers etc on statements you provide for the DWP. Yes!

I'm so worried and feel bad as I have no money left over to buy xmas gifts he does that for the kids and if that is took away from him It's like punishing him too. They have got to be reasonable in what they agree as a figure. If you feel it's unfair, appeal and say as the account is in dispute you are going to continue only with token payments as a gesture of goodwill. If they refuse at appeal, keep the token payments going as you have been, but let them take you to court. A judge will only tell you to pay what you can afford. They are more human than you think in this respect.

 

I know it's hard, but try not to worry. You will eventually come to an agreement that you're happy with as long as you keep communicating with them. The cahnces of anything happening before Christmas is fairly slight - drag your heels a bit in responding to them, then send it 2nd class but get Proof of Postage (that's free). Slow things down a bit and try to relax.