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Hoping for some help

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Hi all ,

 

I was hoping someone has some info that will help ,

 

My mother in law was a carer 15 years ago and they called her in 2011 and said "we have overpaid you because you didn't fill in the form correctly" she was actually done for benefit fraud , she only claimed carers that time she has always worked ,

 

They wanted £4000 off her and when she had to declare herself bankrupt and did IVA a company took on her debt and also she included the £4000 last year

 

Well at the moment she is due compensation because a driver hit her while she was on her bicycle going to work ,

 

She received a letter Thursday off the "enforcement team" at the DWP saying that they are going to take the compensation , she is totally shocked how they even knew !! ,

 

My mother in law is a hard working person even though she is riddled with arthritis she still struggled trying to hold down her 2 jobs because she doesn't want to be on benefits ,

 

She was so looking forward to receiving the compensation she wanted to get a provisional licence and have driving lessons , all the positivity she had been feeling has gone ,

 

Are they legally allowed to ask the company dealing with the compensation to write the cheque to them? ,

 

Plus she had sorted out the debt with the IVA debt management company so why would they take it upon themselves to try and get the money back ?

 

Any help would be so much appreciated

And thank you for your time

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I thought government debts couldnt be included in an IVA


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Because it was a fraud overpayment it will not be be written off or part of the IVA.

They always check with the compensation recovery unit when compensation is paid (the solicitor acting on the clm't behslf is obliged to check) so that's how they know.

I can't help you with if they are acting legally taking it.,


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Thank you for your reply I appreciate it

 

I just asked her to send me the letter and in it , it says "please forward the certificate we have put with this letter to the people dealing with your compensation claim"

 

And it's from "compensation recovery unit department of works and pensions" ?

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Thank you for your reply I appreciate it

 

I just asked her to send me the letter and in it , it says "please forward the certificate we have put with this letter to the people dealing with your compensation claim"

 

And it's from "compensation recovery unit department of works and pensions" ?

That's pretty normal.

She may have misunderstood. Their job is to check if she has been paid any benefits as a result of the accident and if so, recover those.

 

Have they said they are taking the overpayment from it?


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Yeah that's what the payment is for its for the overpayment 15 years ago , she didn't claim any benefit when she had the accident she's never had benefits only 15 years ago

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was she actually prosecuted in court for the fraud ?


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shame, I bet if you'd put them to strict proof the debt was owed they might have had difficulty proving it.

but its been adjudged now so that's dead.

 

so bottom line is yes if the debt was legally allowed to be in and was accepted by the IVA then the asset she is getting can be swallowed up.

 

bad idea doing that IVA, they are always a very bad idea

 

if it hadn't been done.

she'd be keeping the money..


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So basically the DWP can take her compensation off her ?

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Im confused ,

 

The IVA is a debt consolidation

She was done for benefit fraud 15 years ago

 

She has just said that she assumed the letter from the jobcentre dwp was about that money she owed ,

 

 

she has never claimed benefit only 15 years ago she has always worked ,

she can't understand why the dwp have written telling her to give the certificate that they sent her to her solicitor dealing with the case ,

 

So they get her compensation ,

 

How would the dwp even know about the CCompensation ?

As she hasn't claimed benefit for 15 years

 

Sorry i dont understand as I appreciate the time you have taken to answer me

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Im confused ,

 

The IVA is a debt consolidation

She was done for benefit fraud 15 years ago

 

She has just said that she assumed the letter from the jobcentre dwp was about that money she owed , she has never claimed benefit only 15 years ago she has always worked , she can't understand why the dwp have written telling her to give the certificate that they sent her to her solicitor dealing with the case ,

So they get her compensation ,

 

How would the dwp even know about the CCompensation ? As she hasn't claimed benefit for 15 years

 

Sorry i dont understand as I appreciate the time you have taken to answer me

 

Because the solicitor had to check with the DWP if she had been paid any benefits following the accident.

 

https://www.gov.uk/government/collections/cru


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no it wasn't 15yrs ago

it was adjudged in 2011

 

 

the debt was placed in an IVA when?

 

 

typically IVA's are 5yrs but even if its now completed [discharged?]

any later assets are still the property of the trustees and court/DWP debts come first on the list.

 

 

read that link.


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Was she prosecuted for benefit fraud?


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post 7


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post 7

 

Cheers


Please do not ask me for advice via PM as I will not reply.

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