DWP now taking money from wages for 'debt' i dont own?

[mabski]

Hi

 

 

Im not sure if this is the correct place to post

 

 

can anyone help me with the dwp placing an attachment of earnings with my employer??

 

 

I received a letter 2 weeks ago saying that they were going to do it

but it never stated the amount or what it was for.

 

 

I phoned them up to question this and the reasons they gave were fraudulently claiming whilst working full time for the period aug-sept 2004,

fraudulently claiming whilst working part time for the same period and

also cashing a cancel giro from jan 2005

 

 

I asked them how to dispute this and

they told me to phone my local jobcentre which I tried but could get through to anyone who could help..

 

 

.. now I did sign on once in sept after getting a job but it was only to cover me whilst I worked my month in hand

but for the rest I haven't a clue where its come from..

 

 

. Today I've been paid and they have taken £150 off me and to be honest I really cant afford it

god knows what im going to do for Christmas this year as they are going to continue taking this amount every month

until my debt is paid off.

 

 

I've phoned them again this morning and asked for any proof that I owe this debt which they couldn't provide

and they said I would have to wait while they request the file from my local jobcentre

but they said they would not hold back taking any more money from future wages

saying if I could prove I didn't owe the money then I would get my money back..

 

 

Surely this cant be correct, these people cant just dip into my wages and take what they want without any proof whatsoever???

 

 

Has anyone dealt with this and held them back or am I up a certain creek without a paddle???

 

 

Thanks in advance for any help given

[Mr.P]

[...] fraudulently claiming whilst working full time for the period aug-sept 2004, fraudulently claiming whilst working part time for the same period and also cashing a cancel giro [...]. now I did sign on once in sept after getting a job [...] these people cant just dip into my wages

 

By your own admission, you admit claiming JSA whilst working - A case of double standards with the rhetoric don't you think ?

 

The DWP can indeed you an Attachment of Earnings to recover overpayments,

or they could wait until you start claiming your pension and recover the monies then.

 

 

The decision will have been made by (I believe) the recoveries unit at Cheltenham.

If you dispute the sum owed, this is the team you need to contact and make an appeal.

However, there is a strict time limit from when they first notified you of the overpayment.

 

If you are within the time limit, ask for a 'mandatory reconsideration'

and also send them a subject access request for all information relating to the period in question.

Once you have all the information to hand,

you will be in a better position to take the matter further if the reconsideration is rejected.

 

If you are outside the time limit for an appeal, then your best bet is to negotiate a more reasonable repayment plan

- Forget trying to use the statute of limitations, as this will not put a halt to the recovery process.

[mabski]

By your own admission, you admit claiming JSA whilst working - A case of double standards with the rhetoric don't you think ?

 

 

Not really I had been out of work for a while and would not have been able to take the job had I not been able to claim one last time, you try going a month on £50 with travelling expenses to get to work and I thought they were to help you get back to work... so no in my mind there was no double standard at all claiming it enabled me to get off benefits and I've been paying tax for the last ten years. Apparently I had 13 months to dispute it now they say I have to pay... which I think is unbelievably unfair as they have doubled up what they actually paid me and invented a double cashed giro... So basically they are taking what they are not entitled to and I have no right to dispute it...

[dx100uk]

get the DWP SAR sent off

 

 

its free

 

 

look in the library section.

 

 

without giving you proof

they should not be doing this

 

 

 

 

dx

[antone]

You can dispute an overpayment by requesting a Mandatory Reconsideration and, if necessary, appealing to the tribunal within 1 month of being informed of the decision. If you have good reasons for making this request late, you can appeal up to 13 months after you were informed of the decision - that's an absolute limit. Note the qualifier - "after you were informed" - the clock only starts ticking once they let you know. Do they say they have previously written to you about this matter?

 

If more than 13 months have elapsed, your options are very limited. Since you seem to be saying that at least some of this overpayment is due to fraud on your part, I'd advise extreme caution in how you approach this. You can, as advised, send them a SAR - this should at least shed some light on how the amount has been calculated.

[mabski]

hi all

 

 

Does anyone know who I can lodge a compliant with over this ??

 

 

So far I have made numerous phone calls and sent three letters requesting proof that I owe this debt

and they have been unable to provide me with any proof whatsoever.

 

 

.. The latest phonecall I've had with them this morning they stated that they requested proof on the 28th of November

and again yesterday but nothing has been forthcoming so where do I go from here?

 

 

They will be deducting money again this weekend without being able to prove that I actually owe the money

ruining my families Christmas in the process.

 

 

It seems like they are a law until themselves and when I click on make a complaint on the DWP website nothing actually comes up,

just their customer charter,

 

 

is there anybody I can actually complain to about this matter???

 

 

Thanks in advance for any help given

[RaeUK]

No idea if this link will help. You may well have seen it:

https://www.gov.uk/complain-debt-management

[dx100uk]

did you get that SAR sent off?

 

 

dx

[mabski]

Thanks rae I couldn't find that I wouldn't call it a sar I just sent a letter asking for proof that the debt was mine and so far they haven't provided anything just fed me the same bull as last time, that they would have it in a few days...

[caro]

Then send a SAR. It won't help you before Christmas but by law they have to provide all the information they hold about you within 40 days including the information you've already asked for. If you'd done it when first suggested you would have been well on the way to the deadline, but as it is, the sooner the better. https://www.gov.uk/government/publications/dwp-request-for-personal-information