DWP Debt - what are my rights?

[superjoe19]

Hey everyone. I'm looking for a little advice. Bout 3 years back I was on Income Support. There was a genuine misunderstanding at my side, and long story short, I was overpaid.

 

I owe them £1450 approximately.

 

I earn 3 figures a month (between £600 and £900 depending on shift availabilty - it's not a permanent full time contract and I have to scrap to get hours at my work).

 

I've just become a dad, so my partner is on maternity leave until October 2011.

 

These things considered, I wrote to them and offered repayment at £25 a month and said I'd be willing to have this reviewed after 6 months. They have not acknowledged my offer. Instead, they sent me a form demanding to know my incomings and outgoings, as well as my partner's, and said that if I fail to respond within 7 days, court action could be taken against me.

 

Does anyone know what my rights are, where I stand, if I have to provide the details they're looking for etc? I really object to the threat of court action when I've made an offer to repay, and I really object to them wanting to know my personal financial details so that THEY can tell ME what I'll be repaying them.

 

If anyone can shed any light on the situation, you'd be saving me a lot of hair loss and stomach-ache.

 

Many thanks,

 

SJ

[dpick]

Hi have seen a friend in similar position he just kept sending the payment he could afford they never tried to take him to court. As long as your payment is sensible you should be ok and a judge would not be happy about them wasting court time if your payment is realistic.

[superjoe19]

Thank you for your reply, that puts my mind at ease a little. I told them in my initial letter that if they accepted my offer I would set up a direct debit to manage repayments, but they have not acknowledged this.

 

I wonder how we determine if my repayment offer is sensible and realistic then! Without acknowledgement from DWP, how do I go about commencing repayment on my terms? These people aren't the worst I've dealt with over the years, but I know if I phone them up to arrange a direct debit I'll probably get trapped in a situation where they try to negotiate up the monthly payment figure and I simply can't afford any more than I have offered.

[floridagirl]

Hi

You should have received letters from the DWP overpayments section it is these people you need to be dealing with, their address should be on your correspondance. If you have completed claim forms and signed them then the overpayment is nearly always classed as your mistake even if you didn't understand or interpret the question. You need to ask what a realistic figure is, I expect the answer will be that they will determine that when they have had your budgeting form. If the DWP have enough evidence to take you to court they will if you do not respond to the letter, I say this because it is civil servants in the fraud department who will do this it isn't an individual and the cost will not be considered to do this as it isn't the individual's money that is carrying out the process. Normally though overpayments of benefit are paid back at a nominal amount per week.

[victoria_siempre]

Hi superjoe

 

Is this from DWP or a DCA acting on their behalf; you meed to beware DDs.

 

x

 

v

[The GodMother]

Never pay by DD as they will up the payment without you agreeing to it. You should have somewhere you can send cheques or postal orders to or even bank details so the Overpayment can be paid back by SO or even internet banking. If possible send them a Postal order every month for the debt, if they dont send it back then continue to pay. If not then set up a standing order for the amount your happy to pay each month to go direct to them and make sure it goes out each month. Again if they dont send the money back then continue to pay them.

 

I dont think they will send the money back as l have never know anyone to turn down money they are being sent.

[floridagirl]

No I am not from the DWP or a DCA I used to work for DWP so I know how they would think. I was just trying to give the person concerned some advice as I know it. I take your remark as being quite offensive victoria-siempre, I thought this forum was to try and help people not make unwanted comments that you have been making..

[victoria_siempre]

Hi floridagirl

 

Many apologies for any misunderstanding; my question was to the OP.

 

I was just checking OP was not considering a DD to a DCA.

 

love

 

vic

[cerberusalert]

floridagirl I think you need to re-read victoria_siempre's post. She has made no reference whatsoever to either you or your posts.

[floridagirl]

Hi

Very sorry victoria-siempre but I thought your post was related to the last post ie: my post. I thought you were implieing that I was DWP or a DCA. Hope you will accept my apology.

[victoria_siempre]

Hi floridagirl

 

No worries.

 

"

Let me not to the marriage of true minds

 

Admit impediments. Love is not love

 

Which alters when it alteration finds,

 

Or bends with the remover to remove:

 

O no! it is an ever-fixed mark

 

That looks on tempests and is never shaken;

 

"

 

x

 

v

[superjoe19]

Hi guys, all communication has come direct from the overpayments dept at the DWP, there have been no dealings with DCAs.

 

floridagirl - thank you for the info. If I understand correctly, it seems as though I have no rights here, DWP hold all the cards and I'm completely at their mercy - ie they decide, and I get no say in how much I repay?

 

I think its a terrible invasion of privacy that they get to see my financial details in black and white - it's tantamount to bullying.

 

Thanks to all for your replies, I will keep you informed.

[superjoe19]

Are the DWP within their rights to ask for my partner's income details?? It's not her debt, so what do they want with that? And what about her rights?

 

I dunno how to do this budget form, they want me to send proof of everything and it's just not possible! I can't get a letter to verify my rent amount by their deadline because my landlord's on holiday, and how do I send proof of food and housekeeping expenses? These are variable expenses! Are they really expecting me to send receipts from ASDA? This is extremely intrusive, and some of the things they want, I can't produce. This is awful.

[victoria_siempre]

Hi superjoe

 

Their primary sanction is to deduct benefit which does not appear to be the case here; were it to be, your partner's income might be relevant to their claim.

 

It might be helpful to supply an I&E form that demonstrates how little you can afford; you can read threads on this sites.

 

x

 

v

[superjoe19]

Hi Victoria, so you don't think I should provide my partner's income? I imagine it's a standard form that everybody gets regardless of situation. I gotta say, I really do object to this. I'm gonna have to phone them tomorrow and tell them I can't provide the evidence they need within the ridiculous 7 day window they have allowed me. I've already written to them and made them an offer which they haven't even acknowledged, now they want to know every detail of my finances? It shouldn't be legal.

[victoria_siempre]

Hi superjoe

 

It would be proper for them to require details of your partner's income were you to be claiming DWP benefits that were assessed on household income. Were I personally to ask you for about your partner's attributes, I should expect that you would tell me to Foxtrot Oscar.

 

Notwithstanding the above it is polite to appear to co-operate with the authorities.

 

x

 

v

[superjoe19]

Fudgcicles. Ok, thanks Victoria. The benefit stopped 3 years ago so and was paid to me, not her. I still don't see why they want her details now. She's on statutory maternity pay anyway. I think their tactics are terrible - 7 days to provide so much information and evidence is impossible. I'll have to make a plea by telephone and ask for a little longer to gather proof of outgoings. I can't believe they are so ignorant as to fail to acknowledge my initial offer. That's hardly 'polite'. Under the circumstances, I'd have thought a judge would rule in my favour since I have offered repayment, but this is a government agency so I'd wager they can pretty much please themselves.

 

Ah well, no sense in getting uppity I suppose. I'll post back later today and let you know the outcome.

[terriersaregreat]

superjoe19

I know its very daunting when these means test forms arrive and it feels like an intrusion. You have probably been sent the forms because you have made an offer to pay and not because they are not going to accept the payment.

 

I've had to fill similar forms in the past and it made me feel panic stricken.

 

Personally I would give them the information they require, warts and all. The way I used to go about this was to take a sheet of paper using thier references and make the entries calmly methodically on this sheet. You will shocked when you see how this adds up and may find that you can't afford the £25.

 

You can only guestimate your food costs. Average out your electricity, gas costs over a year, that is add them up and divide by 12 for months or 52 for weeks if they are looking for weekly income. Be honest but fair and realistic with yourself.

 

If you have a lease agreement copy that and send that as the evidence for rent. When happy with your paperwork transfer to their form.

 

If you have probs with literacy or form filling go to CAB or tell them about it. Just try and get something down on a piece of paper that you understand and can then tell a person who helps you with filling in the form.

 

I know the feeling is that you are under investigation, been there on similar situations, but don't let this escalate. Life's too short!

[testament1uk]

Hi Superjoe19 - Ive been dealing with the Mitcheldean office of DWP for many years as a third party debt advisor for clients. You really do need to provide a good financial statement that includes your joint income - but remember that also includes joint expenditure. From the information you posted re your earnings you will probably find that a reasonable expenditure statement will agree with your £25 a month offer or possible less. My advice is to complete your own statement - you can find some good templates on the net from Creditaction etc. The reason for using your own is that completing a statement from anyone asking you for money is never a good idea. The one you have been asked to complete may not include "sundries" (aka entertainment) which is possibly about £10 per week for a small family. Always use your own expenditure sheet. Unless you list ridiculous figures they will probably not ask for evidence.

[superjoe19]

Hi guys,

 

I'll make long story short-ish, and tell you that I gave them £700 upfront and they have allowed me to repay the remaining £730 at £50 per month. They informed me (after I'd offered them the £700 upfront) that there is a sliding scale for acceptable repayments, and it is as follows:

 

Debts over £1,000 - £100 per month

Debts between £500-£1,000 - £50 per month

Debts up to £500 - £25 per month

 

After lengthy discussion with my partner, and a quick sale of a few redundant possessions of mine on ebay, we decided it was best to reduce the debt as quickly as possible. I also gave up one of my overheads currently costing £25 a month to allow me to double the amount of money I could pay them each month to clear the debt. The guy I spoke to at the DWP was really nice and very helpful (to my relief) and was happy with my proposal (again, to my relief).

 

And when all is said and done, I would rather cut off a thumb* than allow ANY organisation to look at my financial ins and outs. If that makes me a fool, then I'm a fool, but it's something I feel very strongly about.

 

Thanks once again for all the info.

 

 

 

 

 

*Not necessarily MY thumb