Dwp debt from 1991

[mascotty02]

(( this was from a different thread))

Hi,

I have the same issue here,

 

 

but I know that I owed this to them that was back in 1991,

 

 

I went for an interview with them and at that time I was back in full time work,

 

 

I took my cheque book and after I was interviewed offered to pay the full amount back there and then, £369.00,

 

 

I offered to pay this there and then on the spot,

the guy who interviewed me advised me 'we will forego this and will write this off'

 

 

they have contacted me 3 times since then and

 

 

I have phoned them and they still will not listen to me,

 

 

I am disputing this and even if it is against the DWP/Government can they still take this from my employer whilst this is in dispute?

 

 

I cannot afford any more deductions from my wages as I am on minimum wage at the moment

due to the last 5 years undergoing treatment for cancer, and I am still trying to catch up with all my other creditors.

 

 

Is there anything I can do,

 

 

any help,

 

 

advice would be greatly appreciated and thank you.

[Shoelover]

The interviewing officer would not have been authorised to make write off decisions. It's possible he meant that no criminal action would be taken.

[Shoelover]

Oh and you can request they suspend recovery whilst you appeal.

[mascotty02]

Oh and you can request they suspend recovery whilst you appeal.

 

Hey,

thank you for this, I thought this could happen but was unsure, thank you again for your help, it is appreciated

Regards

Mark

[Shoelover]

My pleasure- write to them explainimg that you are currently struggling. They will take it out of any future benefits so best to pay it off whilst you can have some say over how much the instalments are.

 

I truly hope things improve for you x

[mascotty02]

Hi,

Again thanks, just to let you know I have never taken out any benefits whilst the treatment was ongoing, I went straight for SSP and only had two weeks off when I had the operation and then 6 weeks later when I had the chemo took a total of two weeks from that again on SSP.. I did ask for disability badge for the car when I was recovering and they turned me down for this, I plodded on, have sent a letter today.

Kind regards

Mark

[mascotty02]

Hey guys,

Thanks for your response and advice, unfortunately despite my request to suspend the recovery and to request my appeal, they have gone and taken the amount from my wages over 3 months, I would like to take this further, just because they are government controlled does not give them the right to go ahead and take it, my wages after the deduction was less than £900.00 for the month, this has left me in debt with the bank and council tax, I had previously contacted the agent at the council tax office, advised of the situation prior to DWP taking money from my work and they put this on the back burner for 2 months, so start payments again in February.. is there anyone on here who can help me take matters further, with a solicitor as when I did go in for the interview and advised that I would pay there and then with a cheque he went off for about 15/20 minutes and came back and advised this would not be necessary and would be written off. I am taking this further if anyone can help, I would appreciate this.

Kind regards

Mark

[mascotty02]

Hi,

when I offered to pay there and then with my cheque book, he went off for about 30 minutes or so, finally came back ((felt like 3 days)) and advised that as I had offered there and then he stated this has been written off on this occasion, on the condition I do not claim for any benefits unless unemployed

[Shoelover]

I don't think an officer can decide to write off a debt on the spot. It's a decision taken higher up. Did you get a letter after your interview confirming no action?

[mascotty02]

Hi Shoe,

sadly, no I didn't get a letter of confirmation of this, I should have requested one, but I was young and naive in those days and wish I had done now and asked for it, had I had one or asked for one , this would never have come up, but I am adamant that he did state after going off for 30 odd minutes or so he had spoken to the hierarchy and this was the outcome, sadly I have no proof, is there still something I can do regarding this dispute??

Again I appreciate you comments and advice and thank you.

Kind regards

Mark

[Shoelover]

I think it's likely that he was referring to not taking any action on that occasion, I was a fraud investigator back then (I'm that old!!) and ovwrpayments were not written off routinely. They would have needed to get the overpayment properly calculated before they could take the money. I guess as it was so long ago it's hard to say.

In honesty, if you don't dispute the overpayment ocurred I don't think there is much you can do to stop recovery. Though I think you have plenty of room to complain about the draconian manner of recovery- to take all that at once is harsh at best.

[mascotty02]

Hi,

is there anyone who will take my case up regarding payments and dispute against the DWP, many years ago I claimed benefits when my wife was working and turned out that I should not have been claiming and they called me in to advise me of this, at that stage of the interview I offered to pay the full amount back in full in a form of a cheque, they disappeared for approx 30 minutes and came back after a meeting with the hierarchy and advised that I had offered to pay this back on this occasion they would write this off, I wished I had asked for this in writing, but being young and naive didnt even think to ask for this and now 20 years later they have requested this back, I have disputed this with them however they have decided over the Christmas period and new year, taken it from my wages, even though I have written to advise that this is being disputed, they have ignore this and taken this from my wages, I wish to take them to court not for the money, but for the principal of this, no other company will do this if there is a dispute going on so why should the DWP get away with it, please can someone help me please.

Thanks

Kind regards

Mark

[SabreSheep]

Without the overpayment being written off in writing, there is not much you can do.

 

You cannot prove the overpayment was written off.

 

Therefore DWP can use any legitamte means to recover the overpayment.

[mascotty02]

Hi Shoe,

Again, thank you I will have to let this go as no proof of what was said, I still have one more payment coming out of my wages this month (Feb) again leaving me with no money, and cancelling my DD for the council tax, they are fully aware of the situation and they have accepted this under the circumstances but I am going to complain, if there is an ombudsmen for the council I will write to them. or someone hierarchy.

Appreciate your comments and once again thank you.

kind regards

Mark

[Shoelover]

Was it council or DWP? You need to use their internal complaints system first before you go to the ombudsman. I'd complain - they are being very draconian in their recovery, leaving you in hardship.

[mascotty02]

Hi,

It was the DWP I have written to them on several occasions disputing this but then out of the blue in November they sent me a letter advising that they had approached my work place and taking the money direct from work.

Regards

[AndyOrch]

Thread moved to the appropriate forum.

 

Andy

[Shoelover]

Go to your MP then.. Hopefully you can get next months deduction reduced.

[Coughdrop]

Was this a formal recorded interview under caution? If so, there is quite a lot you can do.

[mascotty02]

Hi Cough,

I am not sure, I don't think it was recorded, I was young and naive then, it was just an interview I think and he wrote everything down on a notepad

[Shoelover]

Back in 1991 they were contemporaneous notes.

[estellyn]

...............

[Lapsed Workaholic]

There appears to be 2 threads on the same subject by Mascotty02. Not quite sure which one to add my two penn'orth to.

 

Here are a few links to sites that explain DWP debt recovery policy in detail:

 

https://www.whatdotheyknow.com/request/196337/response/484852/attach/4/ORG.pdf

 

 

https://www.whatdotheyknow.com/request/138603/response/337178/attach/3/Overpayment%20Recovery%20Guide%20v47a.pdf

 

 

http://www.adviceguide.org.uk/wales/benefits_w/benefits_benefits_introduction_ew/benefits_problems_with_benefits_and_tax_credits_e/benefit_overpayments.htm

 

 

 

http://www.adviceguide.org.uk/wales/benefits_w/benefits_benefits_introduction_ew/benefits_problems_with_benefits_and_tax_credits_e/benefits_challenging_a_benefit_decision/benefits_challenging_a_dwp_benefit_decision_on_or_after_28_october_2013/challenging_a_dwp_benefit_decision_on_or_after_28_october_2013.htm

 

 

 

You will know best yourself the details of your case.

 

One fact that appears to differ in the regulations from your recollection of events of 24 years ago is where you say that you were advised that " I had offered to pay this back on this occasion they would write this off". Anyone giving you this advice, or acting on it, would be acting outside the law, as the regulations clearly states that they could not do this.

 

Whatever justification you may have for taking the DWP to court for recovery of the money that is now being deducted from your wages, or the way it has been done, taking them to court over a matter of principle is a non-starter.

 

Even if we were to accept that DWP had principles, which is disputable, their principles will differ from your own and who is to decide which to uphold in a case such as this, bearing in mind that the court has to be objective.

[antone]

Merged two threads on the same topic.

[Shoelover]

It's possible that there were crossed wires. The officer would not be able to accept a cheque there & then as the overpayment needs to be properly calculated & invoiced before the officer could take the money. Perhaps the forgo on this occasion meant he couldn't take the money there are then.

If you were iuc'd the overpayment would not be written off.