Social fund repayment, never had a loan.

[snowy101]

Hi,

I have had a letter from DWP regarding a social fund payment. This letter informs me that i will have to pay back my " loan". I have never had a loan of any kind from any benefits agency, its not the first time they have written to me regarding this, i have replied asking them for proof [ never got any] , i have asked them, when , where, etc etc. Never get an answer, now they are going to take £5 a week from my JSA to repay a loan i have never had. No inquiry, no investigation......... we say you owe so you pay.

 

What are my options, the last time they wrote to me i stated i had never claimed for or asked for any loan & i wanted proof.It all went quiet & i got no reply, now they are back again. Just for the record, i have never had any kind of loan from any benefits agency , 100% sure about that.

I can not afford this money just to be taken out of my benefit, i need every penny.

Any advice please.

[BASFORDLAD2]

I would do a subject access request to get them to prove it

[snowy101]

I don`t have £10 to spare to pay for a SAR. I want to stop collection until they realise their mistake.

[BASFORDLAD2]

Well go down to the job centre, use their free phone and ring the bdc to ask when this so called loan was taken out etc etc

[BASFORDLAD2]

You say you don't hve £10 to spare but if u don't sar them then it could end up costing u more

[honeybee13]

Hello there.

 

I could have remembered this wrongly, but I have a vague recollection that if you're on benefits you don't have to pay for the SAR. Maybe someone knows more than me.

 

My best, HB

[snowy101]

I have spoken to someone in relation to this, the loan was taken out by someone in a town i have never lived in, they, i presume have used my details [ i don`t know how the loan thing works] . According to DWP, its down to me to prove its not me, i`m a bit lost for words. I have told them its not me & i have never lived in this town but, it appears I have to become a police investigator & amateur detective as its not their job to deal with fraud. Speechless.

[speedfreek]

I don`t have £10 to spare to pay for a SAR. I want to stop collection until they realise their mistake.

 

It is free to SAR the DWP as they wave the fee....

 

So SAR away

[snowy101]

Thanks for the help.

 

OK, i SAR them, then what?, i need to have this put on hold as i can`t afford for them to be taking any monies while i / we get to the bottom of their mistake. Can i put the matter in " dispute" ?, TBH i think the DWP just make the rules up as they go along, i`m still speechless at being told they don`t need to prove anything.

[BRIGADIER2JCS]

Wait please before going off at all tangents here.

 

Is the National Insurance number on this letter, if so is it yours?

 

Is DWP Debt Management chasing this or has it been farmed out to a DCA?

 

The NI number should prove one way or another.

 

Write to the Manager at DWP Debt Management.

 

Dear Sir or Madam (or name the person signing their letter)

 

I refer to your correspondence regarding a social fund loan debt you allege is owed by me, please take note I do not acknowledge any debt to the DWP for the following reasons.

 

1. I have not at any time been an applicant for or a recipient of any type of Social Fund Loan.

2. Details provided by DWP indicate that the applicant resides/resided in xxxxxxxxxxxxx I have not at any time resided in that area.

 

I am aware that this allged debt is statute barred and I will not now or inthe future make any payment or offer of payment I am also aware thtat the DWP can make deductions from any relevant benefits I may receive in the future.

 

It has been stated that it is for me to prove I am not the debtor, this I believe is wrong and it is for the DWP to provide unequivical proof that I am the debtor you seek.

 

You may also treat this letter as FORMAL REQUEST under the Data Protection Act 1998 for the DWP to provide within 40 days ALL data relating to me, including but not limited to ALL documentation regarding any application for and or acceptance of a social fund loan.

The allged debt is formally disputed and all collection activity and deductions from my JSA should cease until you prove I have any liability for 19 year old allged debt.

 

I understand the department waves the £10.00 statutory fee for this.

 

I cannot enter into furthe correspondence regarding this matter until unequivical proof of liabiliy is provided.

 

Recorded Delivery.

 

OK middx get this sent asap.

[estellyn]

If someone has claimed benefit using your details, then this should be a police matter surely? Many people when repayment time comes round, claim not to have had a loan. If you are certain you never took one out, and they are certain one was claimed using your info, then a fraud has been committed and should be reported to the police. You should also check your credit files as identity theft is likely to have led to other debts being accrued in your name.

[snowy101]

Wait please before going off at all tangents here.

 

Is the National Insurance number on this letter, if so is it yours?

 

Is DWP Debt Management chasing this or has it been farmed out to a DCA?

 

Hi Brig

 

Yes , its my National insurance number on the letter they have sent me, Its the DWP who have written to me, not a DCA. I have requested proof of this "loan" before & never recieced any . At no time have they produced any paperwork to myself or any other evidence, i have never had a loan or any other emergency payment from any benefits agency.

 

BTW , they are claiming this payment was made in a town i have never lived in & in 1993........... unbelievable

[BRIGADIER2JCS]

Hi Brig

 

Yes , its my National insurance number on the letter they have sent me, Its the DWP who have written to me, not a DCA. I have requested proof of this "loan" before & never recieced any . At no time have they produced any paperwork to myself or any other evidence, i have never had a loan or any other emergency payment from any benefits agency.

 

BTW , they are claiming this payment was made in a town i have never lived in & in 1993........... unbelievable

 

Send the letter drafted above asap.

 

The matter is satute barred so they cannot take court action anyway, the only way they can recover this is if you receive any benefit in the future I will amend the letter slightly.

[snowy101]

Thanks again Brig.

 

This is my problem, they are going to take £5 per week from my JSA for a "loan" i have never had or applied for or even lived in the town they are saying it was given out in.

I want to be able to stop them from taking any monies from me until they realise there is a mistake or fraud here, i was told today [ on the phone] it is my responsibility to investigate this matter , not there`s.

[BRIGADIER2JCS]

Thanks again Brig.

 

This is my problem, they are going to take £5 per week from my JSA for a "loan" i have never had or applied for or even lived in the town they are saying it was given out in.

I want to be able to stop them from taking any monies from me until they realise there is a mistake or fraud here, i was told today [ on the phone] it is my responsibility to investigate this matter , not there`s.

 

They are wrong I have dealt with a few cases like this send my letter it should stir upsome action it has in the past. I'll add a bit more to the letter send it am tomorrow.

[abc123def]

You can't stop them unfortunately.

 

I would get your MP involved, they amy well stop while an investigation happens if contacted by an MP.

[BRIGADIER2JCS]

Ohh believe me the can be stopped, a Government dept. is obliged to investigate a commplain just as any other creditor.