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trazy1

DWP Dea overpayment of tax credits or UC from yrs ago! **RESOLVED BY MP**

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I not sure where to begin with this .

 

On the 1/8/17 i recieved a letter off dwp debt management stating i had over payments of 2099.89 when i questioned dwp what these over payments were they said" they were unsure but thought t was tax credits and universal credits and they just wanted a repayment agreement "

 

I explained i only work p/t and i was on my own with debts my ex partner abandoned me with and that i had a dmp with stepchange. they asked of proof of this along with a expediture sheet .which i sent them registered post. i then recieved a letter on the 23/08/17 they were instructing my employer with a DEA .

 

In my job policy and procdures it states that aoe or any deductions will result in disiplinary action i explained this to them but they choose to ignore me did not offer a alternative arrangement nor have i recieved any information on this alleged over payment . i sent a letter of complaint and asked for a sar to which i have had no replies.

 

inbetween all this i had applied for another postion at my place of work (local hospice) and was interviewed for it yesterday and at 17.05 i recieved a call to say i was not accepted for the position and my contract for my job i do at the minute will not be renewed due to dwps dea so now at the end of september i will be unemployed .

 

is there anything i can do to make dwp accountable for me losing my job. the reason given was i was a finacial risk working with vulnerable people.

Edited by honeybee13
Paras

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Hello and welcome to CAG.

 

This sounds very unfair. So they never showed you a calculation of what you owed? I expect other caggers will be along later with advice for you.

 

Best, HB


Illegitimi non carborundum

 

 

 

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i not been shown anything never heard off dwp till the letter arrived saying id been over paid i havent had tax credits since 2010 and as for universal credits i had it for 3 months back in 2015

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pop off to the DWP website and fill in their free subject access request

put them to strict proof to prove what they claim you owe.


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thank you dz100uk

i have done this on friday

 

 

the only consolation i have is dwp have shot themselves in the foot with this DEA

because they cant collect out of my wages now with my work not renewing my contract

but i going to try and persue this regardless of how long it takes .

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to right get that sar running and make them PROVE everything


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Ok something I don't understand . In your case they have gone from 0-100 in 2 seconds, it doesn't make any sense whatsoever. Straight from writing to you to an AOE in 3 weeks ?!!!

 

Firstly you have a right to appeal this decision within 30 days. Looks like they haven't paid any attention to that.

 

Also please look at the Tax Credit office 'COP 26', https://www.gov.uk/government/publications/tax-credits-what-happens-if-youve-been-paid-too-much-cop26

 

. Special interest to you is on page 16. If your partner has left you, you , you will not have to pay back more than half. That is their own code of practice ! Ohh and once I'd received the SAR data, there were holes in it wide enough to fly a plane through!

 

If it makes you feel better I got them to shove their £12k overpayment where the sun doesn't shine.

 

Sorry to say, I'm not very impressed with your employer either!

 

Regards

 

Jonathan

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thank you so much i shall definatly take a look and read the sections you have mentioned

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It's also good to know that none of this will affect your credit rating!

 

Also if you now made a claim for Tax Credits and were entitled to even just a fiver a week they would stop chasing you and start deducting from your award. That's how utterly broken the system is!

 

Might be worth considering as a quick way to get them off your back!

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thank-you again

 

 

i wouldnt be able to make a claim as i out of a job at the end of the month

unless i can find a new one quickly and one that doesnt have the disciplinary policies For DEA/AOE

 

 

i have been reading what you sent before and started the dispute process as they advise,

 

 

what worries me is if i get a new position and they come after me again and i lose another job .

 

 

they have effectively made me a nervous wreck , but thank-you very much for your help

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Or your other way of stopping them is working in a self employed position, they will not be able to / are not allowed by law to deduct anything from your income. You would also be in a position of being able to make a claim also!

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i have sent 2 letters this morning to universal credits & tax credits as advised by the site you recommended and a sar already been sent in so i can only sit and wait now for a reply but i will keep everyone informed of what is said and what they intend to do and once again thank you so much for all the help and advice lets hope they sort it out as quickly as they came after me .

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hi quick update on my dilemma

 

i sent the disupte letters off as advised ,

the article said that whilst i was disputing these over payments that the DEA/AOE would not be enforced.

 

i looked at my payslip today and the recoveries have taken money for the DEA/AOE is this legal .

 

i havent heard from hmrc/universal credits since i sent the dispute letters which were recorded delivery so i none the wiser .

they may have taken out of my final wage but they wont be able to take anymore as i no job now .

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They really have cut off their nose here to spite their face

 

This is an utterly broken system, no one informed you of your rights to dispute which would have stopped you losing your job in the first place. Now someone doing an incredibly important role in society is out of a job. Good stuff DWP!!!

 

What can you do about this?

 

1. Can you work as self employed? If you register as self employed, you will possibly be entitled to Tax Credits, they will then be off your back. In that situation they will be unable to take money from your income as this is illegal. Also they will begin taking what you owe off your payments. They only need to take a certain percentage so you will still receive money.

 

2. How long were you working with your previous employer, more than 2 yrs? then you have certain rights!

 

3. Simply apply for another job, it's going to be a while before they come to any decision and there will be no deductions made until then, if ever.

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thanks

 

i have made a apointment with my mp going to see him thursday

 

ive followed the 2nd step still not heard a dikie bird off them and

i sent all letters registered post so the cant say they not had them

 

i cant work as self employed as i no base to start from so to speak ,

 

i have registered with a agency so will hopefully get enough hrs to cover what ive lost .

and hopefully my mp can kick some backsides .

but i really appreciate all the help and advise

thank you

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It takes a while to hear anything off them, they move like molasses!

 

Good on you going to your MP too!

 

The DWP have caused a key worker to lose their job, without due process ! Hopefully your MP can help. Keep us posted!

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I will do I've some more letters to send tomorrow registered post I received a letter today to say my SAR will be here on the 17 October so at least I haven't a long wait for that

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To forewarn you the SAR will be hundreds of pages long. First place I looked was the phone call section, and the notes made by the call centre operative. Within about 5 minutes I had found that a call they claimed had happened giving an income declaration , never took place. Not only that they inflated my salary by £6000.

 

Did you inform them that your ex partner left? If you did there should be evidence on the SAR. Right there you would have cut what you owe in half! Even if you didn't they need to be chasing him for half of this overpayment!

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i spoke with my mp today

he was bewildered by it all

especially the speed they acted upon

 

he agrees that they have not followed their own policies and procedures nor given me the right to see the alleged debts ect

 

he was more than happy to fight my corner with me .

 

all i can do now is wait for him to get on to them and wait for his reply which should be in the next 2 wks ,

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Ok, that sounds excellent, but don't forget to keep your own appeal going too, and don't be afraid to follow up with your MP if nothing heard in the next 2 weeks

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found a snippet of information off a web page not sure it will help but i going to give it a whirl in another letter ,

 

its from the dwp training manual for the use of a DEA it states (bit long winded )..

 

it is important that having established contact with the debtor

a relationship is maintained with them (well i got 3 letters and a DEA )

 

it is a key intention of the pilot of the advisor to negotiate & agree a sustainable mutual acceptance voluntary installment plan with the debtor (that were never done )

 

the DEA or threat to use a DEA should be introduced where repayment can not be agreed or where a debtor refuses to pay

 

(i never refused i only asked what when & where these overpayments came from sent them what the asked for )

 

wish id seen this as it shows they are in breech

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DWP have phoned me this morning couldnt answer as i was driving .

 

in my letters i wrote that all communication from now on had to be in writing

 

should i ring back or will that make it look like i am acknowledging them

 

bit confused now as what to do as they didnt say what dept they were from

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it transpires that i did not owe any over payment with tax credits or universal credits =2099.00

 

after involving my mp who has been fantasic in all of this

i actually owe 00.00

 

the DWP owe me £76.00 that they took from my wages with as my MP put it an illegal DEA

 

waiting on that comimg back

they owe me a job as far as i concerned because thats what they cost me in the long run .

 

if the recoveries team think i will let it lie they will have to think again because i want answers from them .

 

i would like to thank everyone on here for all your help and contacts you gave me you also have been fantastic

 

should i need any help again i know where i will be looking xxxxx

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That sounds like progress, trazy. Stick with it and I hope you get justice. It's good that your MP was helpful, not all of them are. Please let us know how you get on and ask any other questions you have. :) HB


Illegitimi non carborundum

 

 

 

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thanks i will let you know what recoveries have to say as they not forth coming with any justifable answers accept they acted on HMRC instructions so i see how far i can persue the matter x

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