DWP claiming social fund from 1997

[obiter dictum]

I have just received a letter from the DWP stating they will be taking £6.35 per week from my ESA over three social fund payment from 1997. I had this out with the DWP months ago when i first got the demand.

 

I sent the DWP a Data Subject Access Request as for the life of me i had no idea if i had taken out these three loans. They were unable to offer any proof of my liability, no applications, signatures, nothing. I told them to contact me again when they had the documentation.

 

How can they take this money now out of my ESA when they have no proof of my liability?

 

Just spoke with the DWP and i cannot even talk with an individual. They say someone from the recoveries team will contact me in three hours as they are only a call centre

 

ANY TIPS PEOPLE

[estellyn]

Surely they must be able to show you what they are basing their recovery on? They must have some records on what has led them to believe that you had these social fund payments - it must be written down somewhere, and they should provide you with this.

[obiter dictum]

They just printed out three seperate dates on an old computer link. No paperwork, signatures, application forms, nothing

[estellyn]

It's kind of a 'your word against theirs' issue, and I suspect they usually win, unless the person can prove they didn't have the payments. The only similar cases I've dealt with is where the person could prove they'd paid back the loans, and that they were still on the system in error.

 

 

Does it say what type of payment they were - crisis loans, budgeting loans....? Does it indicate where and how they were paid. Do you remember ever having a crisis loan payment? It should be easy enough to remember if you never had one, but harder to remember if you did have loans, how many there were, and whether they were paid back.

[obiter dictum]

There are three crisis lons in total over a 3 year period. ( 1994 TO 1997 Hand on heart i probably did have one but i just cannot remember or how much. They have bundled the three together which totals 420 pounds

[citizenB]

It is disgraceful they are allowed to do this without any proof. Why has it taken them so long.. if they have records to indicate that someone owes them money, they should really have the proof to back it up.

 

Sloppy administration all round IMHO.

[obiter dictum]

Just phoned up the call centre again as no call from the debt recovery dept as promissed in three hours. Surprise surprise the call centre lady stated no call or email has been forwarded to debt recovery after my call yesterday.. She stated she will do that now and i will receive a call back by the end of the day.

 

She did confirm some amounts though: Crisis Loans

 

Dec 1994 £20.00

Feb 1995 £130.00

Sep 1995 £44.82

Nov 1996 £40.00

????????? £100.00 miscellaneous (Debt recovery will confirm)

 

 

So total is £409.02 on DWP figures

DWP state total amount outstanding £452 on debts i have no recollection on dates or amounts with no paperwork suppled, only figures and dates of crisis loans applications on their computer and deduction will start to come out of my ESA allowance

 

Any Ideas???

[estellyn]

Do you know the periods you were on benefits? There should have been some recovery while you were claiming - this would be a good place to start.

[obiter dictum]

DWP guidance for decision makers states that recovery of a debt should be abandoned and the balance written off where the debt is:-

 

•under £25; or

•under £100 and at least six years have elapsed since the last repayment or deduction took place; or

•under £300 and at least ten years have elapsed since the last repayment or deduction took place; or

•over £300 and at least 20 years have elapsed since the last repayment or recovery took place.

 

Just posting up the above

 

I have just got of the phone with Debt Recovery, it is sod you we are taking repayments from your ESA. No paperwork to substantiate the debt etc, nothing. They just stated they can under:

 

Section 78 Social Security Act 1992

 

Any suggestions???

[45002]

[quote=capquest worst knightmareDWP guidance for decision makers states that recovery of a debt should be abandoned and the balance written off where the debt is:-

 

•under £25; or

•under £100 and at least six years have elapsed since the last repayment or deduction took place; or

•under £300 and at least ten years have elapsed since the last repayment or deduction took place; or

•over £300 and at least 20 years have elapsed since the last repayment or recovery took place.

 

Just posting up the above

 

I have just got of the phone with Debt Recovery, it is sod you we are taking repayments from your ESA. No paperwork to substantiate the debt etc, nothing. They just stated they can under:

 

Section 78 Social Security Act 1992

 

Any suggestions???

 

Any suggestions???

 

Yes

 

Answer the question you where asked here This

 

Do you know the periods you were on benefits? There should have been some recovery while you were claiming - this would be a good place to start.

 

 

Dec 1994 £20.00

Feb 1995 £130.00

Sep 1995 £44.82

Nov 1996 £40.00

????????? £100.00 miscellaneous (Debt recovery will confirm)

 

 

So total is £409.02 on DWP figures

DWP state total amount outstanding £452 on debts

[obiter dictum]

I have no idea to be honest when and what periods i was claiming and for how long. We are talking 20 years ago and the DWP have not exactly been forthcomming with information to substantiate anything. I last requested this information in january, they say all they had at the time was was sent me. They now go on to say i have to make another seperate request again for this data. This is like pulling teeth

[obiter dictum]

Interesting as to what part of the Section 78 Social Security Act 1992 allows them to use this indefinate recovery process out of any future state allowance. i cant see the relevant subsection