DWP claims JSA overpayment

[monmoy]

Let them transfer it. Simply send the statute barred letter to the DCA, and then make formal complaints about DWP passing on a statute barred debt.

 

 

This has been really very helpful. I will wait for DWP to notify me that they have transfered my case to DCA. Then as you explained, I will send the Statute Barred to DCA and make a formal complaints to DWP. Please let me know the appropriate letter templates so that I can use it to write to them with regards to statue barred letter and formal complaints to DWP.

 

Thanks a lot for your valuable advice and support.

[45002]

monmoy

 

If you could answer theses questions

 

Can you recall the reason for the overpayment and the amount? Were you at fault or did they fail to process documentation correctly?

 

So people can advise you correctly,Thank you....

[citizenkain]

surely they would need to have taken a liability order against you at the time to keep the debt going?

[antone]

surely they would need to have taken a liability order against you at the time to keep the debt going?

 

No, not to reclaim from future benefits.

[monmoy]

Just to update you that I have received a text message from a normal mobile number (07816867411) asking me to contact CCS as they have been unable to contact me. It is important that I contact CCS immediately on 08448735614 to discuss my reference XXXXXXXX.

 

Would a ligitimate company send a text from a mobile number?

I think DWP has passed my case to CCS (if it is a real DCA).

I received SMS text twice and first time I called back no response and straight to the voice mail.

 

Today I have the received the same message on my phone so called them back.

 

A lady on the other end answered asking my name, address and stuff.

So I said until you prove that you are dealing with a real matter I am not disclose my details.

So she was saying that they have been trying to contact me but I said I have received anything at all.

 

Then I asked them to send me a letter confirming the matter they want to discuss with me.

 

Now she is going to send the letter to me.

 

Do you think they are handling this professionally if they are the DCA of DWP?

 

 

 

I would be very grateful if you could please respond to my post. Thanks very much for your attention.

[ashmk]

I've been here and done this and this is what I did.

 

I had the DWP ask for repayment for an over payment on JSA from around 1999.

 

I knew they couldn't force me to pay but I also knew they could take it from any future benefits I might have to claim.

 

I spoke to them and organised a fiver a month repayment and just let it run until cleared,

the reason being is one day in the future when you really need some benefit they will snatch back this over payment from you when you need it the most.

 

My advice, contact the DWP and sort out a fiver a month repayment or whatever you can afford.

 

The guy I spoke to was quite helpful and did not mind the low repayment, he knew he couldn't force any more.

 

Remember you don't have to clear it in one lump sum but do yourself a favor and drip feed repaying it. One day you might need it.

[Sparkles1]

First you must establish whether or not this is an overpayment. From what you have said, the judge disputed this, and it is essential to discover whether or not this is actually owing. Most importantly, you must establish if it is the fault of the DWP (HIGHLY LIKELY) and if so, this is an Official Error and hence not recoverable.

 

I suggest googline Official Error and doing research into this. I have won a case on this basis. Make no arrangements for repayments unless it is definitely repayable. As Invalidation said, put the account on hold while it is in dispute. If I can help further, please ask.

Edited September 4, 2013 by Sparkles1

[monmoy]

Thank you Ash and Spark.

 

Judge did not agree with the initial amount what DWP was claiming.

 

DWP was unable to provide any evidence to prove that so they were doing some average calculations

to calculate the amount i.e. 6k.

 

Judge was not happy at all with DWP so he rejected DWP's calculations and recalculate it came up with little over 5k.

 

It is definitely over payment but DWP did not contact me since 2006.

 

I was under the impression that DWP lost the case when I made my appeal.

I just realised it when I got letter from DWP in May 2013.

 

I was really scared reading the letter did not know what to do as I do not have this sort of amount to pay it off.

 

In fact, I did propose the judge back in 2006 that I had some saving just take the sum a

nd finish this but DWP did not accept my offer.

 

I had managed to save almost £800.00 pounds.

 

Until I found CAG, I was not able to sleep properly after reading the letter from DWP

as they have the power to contact my employer and take the money if I do not pay off the sum.

 

Anyway they were not doing their job properly and did not chase me.

 

I agree with Ash what he said and if I had the saving I would have paid it off.

I have a young kid, wife, mortgage, bills, paying all these I do not have anything left.

They should have had a better system in place to track over payments properly

in the first place so people like us would not have to go through this painful and depressing conditions today.

[monmoy]

Hello and Good morning to everyone.

 

This morning I have received a Notice of Intended Legal Action issued by CCS Collect. Debtor is me and Creditor is CCS Collect agents for DWP. This notice states as below:

 

"This is a notice of intended legal action which will be relied upon by the creditor even if not read.

 

Documents are now being prepared for the final recovery of this debt.

 

Amount Due: £6650.89

 

What you need to do:

 

Pay the full amount due by 10 am on 10th Sep 2013

 

If you fail to pay or seek help from us, court action may be issued against you without further warning.

 

Court fees, legal costs and interest may increase the sum you already owe.

 

If Court action is taken and Judgement / a Dectree results in a Court Order being made against you to recover the money due,

we may ask the Court to make one of the following orders if the debt remains unpaid:

 

> Warrant of Execution (Exceptional Attachment Order). Seizure and sale of moveable non essential assests / property by a County Court Bailiff or Sheriff Officer.

> Attachment of Earnings (Earnings Arrestment). Deduction from your wages by your employer or arrestment of part of your salary to satify the debt.

 

DO NOT IGNORE THIS NOTIC"

 

I really do not know what I need to do now.

 

Reading the CAG posts, I understood that they cannot pursue this through the Civil Courts because it is a statute barred.

I am feeling helpless please advise what I need to do to resolve this.

 

Thanks very much for your kind attention and help.

[dx100uk]

they can do nowt.!!!

 

its for the dwp to reclaim this money from any future benefit at a reasonable rate.

 

whats Is this 'debt' benefit over payment I would guess.

 

sadly in terms of paying it back to DWP - it can never be statute barred.

 

dx

[dx100uk]

5 threads on same issue merged

 

PLEASE KEEP TO ONE THREAD

 

dx

[monmoy]

This has been really very helpful. I will wait for DWP to notify me that they have transfered my case to DCA. Then as you explained, I will send the Statute Barred to DCA and make a formal complaints to DWP. Please let me know the appropriate letter templates so that I can use it to write to them with regards to statue barred letter and formal complaints to DWP.

 

Thanks a lot for your valuable advice and support.

 

 

Sorry this has gone out of context so I am posting it again. Please forgive me.

 

Hello and Good morning to everyone.

 

This morning I have received a Notice of Intended Legal Action issued by CCS Collect. Debtor is me and Creditor is CCS Collect agents for DWP. This notice states as below:

 

"This is a notice of intended legal action which will be relied upon by the creditor even if not read.

 

Documents are now being prepared for the final recovery of this debt.

 

Amount Due: £6650.89

 

What you need to do:

 

Pay the full amount due by 10 am on 10th Sep 2013

 

If you fail to pay or seek help from us, court action may be issued against you without further warning.

 

Court fees, legal costs and

interest

may increase the sum you already owe.

 

If Court action is taken and Judgement / a Dectree results in a Court Order being made against you to recover the money due,

we may ask the Court to make one of the following orders if the debt remains unpaid:

 

> Warrant of Execution (Exceptional Attachment Order).

seizure

and sale of moveable non essential assests / property by a

county court

bailiff

or Sheriff Officer.

> Attachment of Earnings (Earnings Arrestment). Deduction from your wages by your employer or arrestment of part of your salary to satify the debt.

 

DO NOT IGNORE THIS NOTIC"

 

I really do not know what I need to do now. Do I need to contact CCS and say to them this is in dispute. How should I go about it?

 

Reading the CAG posts, I understood that they cannot pursue this through the Civil Courts because it is a statute barred

. However they can recover the amount when I claim benefit in the future or from my pension. If that is the case then why are they passing this to DCA i.e. CCS. I am feeling helpless please advise what I need to do to resolve this.

 

Thanks very much for your kind attention and help.

 

[monmoy]

Let them transfer it. Simply send the statute barred letter to the DCA, and then make formal complaints about DWP passing on a statute barred debt.

 

Really sorry this has gone out of context so I am submiting again. Please forgive me...

Hello and Good morning to everyone.

 

This morning I have received a Notice of Intended Legal Action issued by CCS Collect. Debtor is me and Creditor is CCS Collect agents for DWP. This notice states as below:

 

"This is a notice of intended legal action which will be relied upon by the creditor even if not read.

 

Documents are now being prepared for the final recovery of this debt.

 

Amount Due: £6650.89

 

What you need to do:

 

Pay the full amount due by 10 am on 10th Sep 2013

 

If you fail to pay or seek help from us, court action may be issued against you without further warning.

 

Court fees, legal costs and

interest

may increase the sum you already owe.

 

If Court action is taken and Judgement / a Dectree results in a Court Order being made against you to recover the money due,

we may ask the Court to make one of the following orders if the debt remains unpaid:

 

> Warrant of Execution (Exceptional Attachment Order).

seizure

and sale of moveable non essential assests / property by a

county court

bailiff

or Sheriff Officer.

> Attachment of Earnings (Earnings Arrestment). Deduction from your wages by your employer or arrestment of part of your salary to satify the debt.

 

DO NOT IGNORE THIS NOTIC"

 

I really do not know what I need to do now. Reading the CAG posts, I understood that they cannot pursue this through the Civil Courts because it is a statute barred

. DWP can claim the amount by recover the amount from the future benefits or pension. How come they have passed this to DCA i.e. CCS to recover the amount. What power they are using to take this action against me. Really confused and I am feeling helpless please advise what I need to do to resolve this.

 

Thanks very much for your kind attention and help.

 

 

[dx100uk]

the answer has already been given several times during this thread

 

your 'problem' is you rang CCS

 

they now think they have found a mug to fleece.

 

never ever ring a DCA

 

they are NOT BAILIFFS

 

and they have NO SUCH LEGAL POWERS.

 

ignore them.

 

or send the statute barred letter as advised before.

 

the ONLY way you will ever have to pay this back is by deductions made by the DWP from any future benefit.

 

however I notice you have already been to court with the DWP and they 'lost'.

 

dx

[Surfer01]

First thing to do is to advise debt collectors that the amount owed is being disputed and that they need to return the debt to DWP as per OFT guidelines. That should get them off your back while you resolve the issue.

[monmoy]

Thanks very much for your reply. Do we have a statue barred letter template. Sorry I looked but unable to find the template in CAG website. I would be grateful if you could please provide me a link or paste the content of the letter. Thanks

[45002]

monmoy

 

£6650.89 is a lot of money

 

Can I ask what reason for the over payment ?

Edited September 7, 2013 by 45002

[monmoy]

monmoy

 

£6650.89 is a lot of money

 

Can I ask what reason for the over payment ?

 

Thanks very much for your question.

 

Its a long story. Back in 2000, I was on JSA for some time and I found a temp job over the Xmas and I started it to pick up some skills and experience.

 

I notified DWP but they seem to have no record of it in their system.

 

In 2005 they suddenly sent letter and accused me for over payment of more than 2 years.

They could not even show any factual evidence to prove that I was working all these time.

 

I provided my evidence but they were not willing to accept what I was saying and even they did not have any factual evidence

they estimated my working hours and calcuated the above amount.

 

I made an appeal but it did not change a huge amount and Judge was not very happy they way DWP calculated it.

 

I could not hire a solicitor to represent me so I represented my case myself.

I was not sure whether I could reject their alegation and request them to provide factual evidence that I worked all these hours.

Hence I am liable of £6650.89 overpayment.

[Surfer01]

Are you saying you received JSA from 2000 until 2005, but a letter is only asking for 2 years? Surely if the JSA was being paid into your account for that length of time you should have realised that something was amiss? Just trying to clarify so hopefully not offensive questions.

[monmoy]

Are you saying you received JSA from 2000 until 2005, but a letter is only asking for 2 years? Surely if the JSA was being paid into your account for that length of time you should have realised that something was amiss? Just trying to clarify so hopefully not offensive questions.

 

Sorry for my uncleared message. It started end of 1999 and ended in begining of 2001. DWP contacted me in 2005 for overpayments. Hope this is clear now.

[Surfer01]

Sorry for my uncleared message. It started end of 1999 and ended in begining of 2001. DWP contacted me in 2005 for overpayments. Hope this is clear now.

The overpayment amounts to at least 2 full years of being unemployed. How many weeks in the period were you actually in employment?

[monmoy]

The overpayment amounts to at least 2 full years of being unemployed. How many weeks in the period were you actually in employment?

 

Intotal 1.5 week I was employed and notified DWP but for some odd reason it did not get recorded into the system I think. If they did they would stop the JSA for 1.5 week I would think. I guess I had been unlucky with this.

[monmoy]

Today I have received a letter from CCSCollect giving me 72 hours notice of Home Visit. The purpose of the home visit is to obtain payment or agree a payment arrangment with you and investigate your home situation prior to recommeding court action. I can avoid the collector visit by making payments to this office by return of post or telephoning the office immediately. Is this a bailiff visit?

 

Please advise what I should be doing now in respond to the above letter. I would be grateful if you could please provide your help and support. Thanks

Edited October 18, 2013 by monmoy