I've done wrong

[ErikaPNP]

Firstly, how sure are you that you are not entitled? The benefit system can be confusing.

 

If you are 100% sure that you are not entitled, put it in writing to the office that pays your benefit. The address will be on any letters you have been sent about the benefits. Tell them how you know you are not entitled, when the change that disentitled you took effect, that you are remorseful and want to repay the money and would like to know how to go about it. They will likely send a visiting office to come and see you, or ask you to attend the local jobcentre so that everything can be gone over with you.

 

Without more detail we cannot advise whether further action would be taken against you or not.

[ErikaPNP]

thank you

 

the amount is between £350 to £380, and I have given them some information a couple of weeks ago , and i thought once they knew this, it would mean that i'm not entitled to it. But the lady said that it was ok. I have read the rules and it's not ok.

 

That's the crux of matters. They don't tend to take matters further for the sake of £380 (which is nothing in the grand scheme of things). Prosecutions rarely go ahead when the overpayment is below £2000. An overpayment of £350 - £380 is very little to them.

 

Your second sentence indicates that you have already told them so they have been made aware, they say it's ok and are still paying you. Depending on what benefit it is, they might not even be able to claim it back based on the fact that you have already told them and they have failed to do anything about it.

 

Do you think it would be better to write instead of calling.

thanks

You probably should place what you told this woman in writing. Put on the times and dates and the name of people you spoke to, what they said to you about it and tell them you would like them to confirm what they told you over the phone in writing. Take the letter into a local office (Jobcentre if it's a DWP benefit, inland revenue if it's tax credit or council if it's housing or council tax benefit). Make sure that you are given a receipt. Also ask them to photocopy the letter, and sign and date the photocopy and give the copy to you so that you have further evidence of telling them about it. That way it lessens the possibility of your being accused of failing to declare whatever it it is you told them.

 

If it's not tax credits the liklihood of the phone conversation being audio recorded is slim. The local authority and DWP do record but randomly, not every call like HMRC tend to do. So in view of that, also make sure that you keep any phone records (if you don't get itemised billing ask for it for this particular period) to further cover yourself. If you can prove you made a call to them that day with phone records the onus then falls on them to disprove what you say the conversation was about.

 

If you want to pm me about this let me know and I'll open my facility for you

[ErikaPNP]

I've got the pm's and am reading them at the moment. I'll respond to you shortly

[ErikaPNP]

I've sent a response to you by PM.

[ErikaPNP]

It certainly wouldn't hurt to call them. Just explain that you sent them an email but have not yet had a response and you are growing more worried. Make sure to note the name of the person you speak to (and the time of the call), and explain that you have called previously to try and stop your claim.

[ErikaPNP]

Erika

 

will you check over my letter please. I've tried to do as you suggested, but will you have a look at it for me before i send it

 

many thanks

 

Surely will - pm's are open.

[ErikaPNP]

I've read your letter. From the information you have given in previous pm's to me, your letter is spot-on.

 

I'd strongly advise that if you can't get to a local HMRC office to get a signed for copy and receipt of your letter, that you send it by Royal Mail track and trace.

 

If you do send it via track and trace, the post office will give you a receipt. Keep hold of it and keep a copy of that letter. A few days after posting the letter, pop onto Royal Mail's website. Click on "personal customers", click on "Track an item" then enter the reference number on your receipt. The website will then show you from which office it was delivered and when. Print/save it. Then click no "view proof of delivery". This will bring up the signature and printed name of the person who signed for the item. Print/save that too. You can then show you sent them an item, they received it on X date and X person signed for it. You keep this until you receive a response from them at the very least, just in case there are any issues later on of non receipt.

[ErikaPNP]

It's impossible to say. Some are audio recorded and some aren't. Some advisors make notes of the conversation, some don't (though they are all supposed to). The only one I know who audio records every single call is tax credits.