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dawn78

DWP debt management letter for my partner

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Pretty annoyed,

 

partner and i have just moved into together and i have got a letter for money he owes them, £2311

 

they have never written to him about it since it all happened which was 4 years ago,

but now we are claiming joint tax credits, this letter has come through the door,

 

i dont know what to do, as annoys me as not my debt,

but i know living with someone means i have to take their debts on board too :(

 

it says we have to pay by 31st december and if we dont they will consider taking further action to recover,

 

i rang them just for advice without giving my details and they said they would take ALL our income into account,

My childrens child benefit, my carers allowance, my family child tax credit and working tax,

 

any income that comes in then i would have to prove outgoings then they will decide a payment plan

not sure what to do as clearly they will take near enough all the spare cash a week, please help with advise if you can

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I don't know who told you living with someone means you have to take on their debts too, but that isn't so, a persons debt is theirs and theirs alone.

 

You need to start their appeals process, and stay OFF the phone unless your recording the calls?

Keep everything in writing.

 

They will have to prove how this overpayment came about, do you know what it was for?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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i didnt give any details just asked them for general advise,

they said any income into our house is "our" income,

so the debt comes out of our money and they will take all income into the house including my carers allowance i get for my son :(

 

the money owed is because he was working cash in hand for a few months before i got with him

and he got caught out so he owes that money due to them paying part of his mortgage (now he has lost the house)

 

he lost his job and couldnt pay the mortgage,

 

annoying me as we will be paying 8o a week csa to his kids which i understand i have no choice over

but its all going to leave us with nothing to live on :(

 

they said because he is the main earner the child tax credits and working tax credits are his, so they can take them

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I don't know who told you living with someone means you have to take on their debts too, but that isn't so, a persons debt is theirs and theirs alone.

 

You need to start their appeals process, and stay OFF the phone unless your recording the calls?

Keep everything in writing.

 

They will have to prove how this overpayment came about, do you know what it was for?

 

Yes, quite. Dawn, you need to establish what benefit is involved, precisely how the overpayment arose (for example, do they believe your partner failed to report a material change of circumstances, and does he agree that this is so) and how they've calculated the figure of £2311.

 

Overpayment decisions can be appealed, although the normal time limit for this is one month from the date on the letter, so I would suggest he gets moving on this - he needs the information mentioned above to decide whether an appeal is appropriate.


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WHO has written to you?

 

the DWP or a DCA?

 

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overpayment is jsa and help with interest on mortgage, can i just knock my other half out instead lol :(

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Sorry, my post crossed with yours. If the overpayment came about because he was working and not declaring the income then they're probably within their rights to seek repayment - though it's still worthwhile asking for a detailed explanation and breakdown in writing.

 

What you're being told about collection of the debt sounds iffy to me, but I'll leave that to the debt guys to look at.


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its DWp debt management that the letter is from

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so frustrating as i am sure the amount they will expect from us weekly will leave us with nothing left :(

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You need to start the appeals process within one month of the date of that letter from debt management.

 

Have them declare the reason why they believe it has been an overpayment, and how they have calculated it, the exact dates, the payments made and what the figure should have been.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Was this overpayment incurred BEFORE you were living together, and were yo claiming as a couple?


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yes from before, its from 2009 i think, he only just moved in this october, so in oct i made a claim as a couple and now its all coming to get me :(

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Then YOU are NOT liable, if the overpayment was from before he moved in then they can only penalise your OH.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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They CANNOT insist ask demand anything from you even if you have benefits eligible for deductions for overpayments, a complaint to the Mnager DWP debt management is what you must send, headed FORMAL COMPLAINT.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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well its our money and because he brings in the wage and child tax credits and working tax credits they are allowed to take that for the repayment, and more annoys me as i have a disability element in the tax credits as i have a disabled son but they said its still part of our joint income so they can have it too which winds me up as then my child is having to pay the debt too if you see what i mean :(

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If were not part of a family when this alleged overpayment occurred then you cannot be liable personally for this.

It is manifestly unfair and must be appealed get a letter off to your MP for starters.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The DWP will fleece you if you allow them, enter into their appeals process, YOU don't owe them anything, it is your OH who needs to repay this, it is his benefits that will need to be deducted to repay this overpayment.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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