overpayment query

mandy_moo_1 · 11 June 2008 at 2:15PM

hi, i don't normally post over on this thread, but i could really do with some advice if anyone can help me
i've just had a letter this morning from the overpayments section of dwp, saying i have been overpaid by £1718, and i have to pay it back at £10 a week, which will be taken directly out of my benefit

i remember them writing to me about 5 years ago about this, and when i disputed it, they said it was because i'd been receiving maintenance payments off my ex from 1999 to 2001......now i know for a fact i've never had a penny off him. i haven't seen or heard from him in over 12 years, let alone had any money for my children from him

anyway, i lodged an appeal about 5 years ago and heard no more about it, until today

i rang the number on the letter, and tried to tell them that i'd never received any maintenance so i can't understand where they've got that from. i was told that they were going to take the money off me regardless, and as i had appealed 5 years ago, they would not accept another appeal. i have asked the woman on the phone if they could provide proof that i've received this money ie) credits showing to have gone in my bank a/c or copies of giros i'm supposed to have cashed....she said they weren't obliged to send me any proof, they were taking the money back off me, and that was that

i am really getting myself worked up about this as i am unable to even afford to pay them the £10 each week, even if i did owe it to them.they have offered to send me an income/expenditure form to try and get the repayments reduced, but what use is that to me when as far as i'm concerned i don't even owe them any money :mad:

my DD18 reckons i would have been getting about £80 a month in maintenance if they're correct in saying i owe over £1700, and i'm damned sure i would remember that!!

i've tried the CAB but they're totally useless....they only open 1 day a week, and i can't get an appointment until August :mad:

please, could someone offer me some advice, i'm going out of my mind. i'm really sorry for the long post, mand x

mitchaa · 11 June 2008 at 2:24PM

Are you sure its related to this?

What other benefits are you in receipt of?

Does it not tell you where the overpayment stems from?

mandy_moo_1 · 11 June 2008 at 2:39PM

the woman on the phone told me that it relates to maintenance payments that they're saying i've received, and she said because i'd appealed against it about 5 years ago, i couldn't appeal again

i'm in receipt of Income Support and Incapacity Benefit and lower rate DLA, and i have been for about the last 10 or so years

Lucifa73 · 11 June 2008 at 2:48PM

So you appealed 5 years ago, they did NOTHING about that appeal and now you have to pay. :mad:

I would arm myself with bank records proving no maintenance was received and go visit them and kick up a stink. Denand to see someone with authority rather than a clerk. I'd also contact legal aid to see what they advise. It may also be useful to contact a local MP.

Its a shame your local CAB is so rubbish. Is there one in a neighbouring town they could refer you to?

Good luck and keep strong

mandy_moo_1 · 11 June 2008 at 3:21PM

thanx lucifa i didn't think of contacting my local MP

im trying to find a solicitor who deals with this sort of thing, cos apparently they don't all deal with benefits problems

i've changed banks about 4 or 5 years ago when i moved house, so i don't think it would be easy to get account records but its certainly worth a try

thanx again x

FelineFantastic · 11 June 2008 at 4:05PM

If your CAB can't give you an appointment ask them for the names of solicitors who may do Pro Bono work also. Call Legal Aid and your MP and tell the Benefits people you will be contacting Watchdog on the BBC and do that- they may be able you to point you in the direction of some help even if they don't run your story- sometimes they like this type of thing to get other people to call in to add more stories.

When you speak to the benefits people make sure you take names, dates and speak to Supervisors or Managers only- this is always the safest way particularly if it becomes necessary for a solicitor to become involved- you need to evidence everything.

Be strong and let us know how we can help (((Hug)))

mandy_moo_1 · 11 June 2008 at 5:01PM

thanx felinefantastic

at the moment i'm trying to get the csa to tell me what payments i'm supposed to have received, but because its from 1999-2001 they're not being very helpful :rolleyes:

i'm starting to wonder if i AM totally doo-lally, and i have got maintenance from him, and i've forgotten about it .... i can't see me doing that tho!

i'm seeing a solicitor on tuesday, but i think i'm gonna pursue other avenues as well, so i can get a good case

skintscotslass · 11 June 2008 at 5:31PM

mandy - I'm sorry you're having a tough time. I think felinefantastic has said everything I was going to say. I'd just emphasise to get names, dates and write EVERYTHING down. Hugs to you honey xx

mandy_moo_1 · 11 June 2008 at 6:31PM

do you know, i've had more advice on here than i can even get out of all the so - called people in authority!!

i've found the original letter i sent as an appeal...it was jan 2003, but they never responded to it. Anyway, when i read it, i remembered something that i had totally forgotten

my ex used to work as a financial advisor for Pearl Assurance in the late '90s, and he stole/laundered a lot of money from them(about 150k i think) as well as forging a will so that he would benefit....anyway, when he had all the cash, he left the country and fled to the States......right around the time the dwp are saying he was paying me maintenance

i've told the dwp this, but they're just not interested....i felt like saying if all i'm supposed to have had off him in nearly 14 years is £1700 then why on earth are you trying to take it off me? as far as i can remember, i've never received a button off him, and i never bothered pursuing him thru csa cos i was just so glad to have him out of our lives

i've spent nearly all afternoon on the phone to the csa.i thought if they could tell me when and how these payments were made, then i can go from there.but they say because its from 1999 its too far for them to go back

but its alright for them to go that far back when they think they've overpaid somebody...go figure

anyway, i'm hoping i can get some joy at the solicitor next week, and i'm trying to contact my local MP to see if she can help. i'm also gonna email WatchDog to see if they can offer any advice

Flylady_Flower · 11 June 2008 at 6:34PM

Hi MandyMoo,

No wonder you're worried. Not sure how you stand about Legal aid, I'm sure you'd get it, but if you look in your yellow pages, there should be solicitors there who advertise 30 minutes free advice. I think it's part of the legal aid scheme, but there are solicitors all over the country who sign up to this (we have about 10 in our area) and if they are out of area, they will speak to you on the phone too. At least you would get a quick answer and put your mind at rest.

Basically NO-ONE, not even the government, can make you pay something without a full appeal. You did appeal but it should not be counted as they did nothing about it, and she doesn't even know the outcome because she hasn't checked.

You could even say to her that someone on the phone had told you your appeal was successful and you guessed that was the reason you hadn't heard anything else, at least then they would have to check back on what happened to your appeal!

The woman on the phone sounds like she just couldn't be asked to look into anything for you. :mad:

I would suggest speaking to someone with proper knowledge of these things as soon as possible. Just phone one of those solicitors I was telling you about and then you will set your mind at rest, then take it further with legal aid if you must. Just a couple of points to remember though, and these are a must:

ALWAYS GET THE PERSONS NAME WHO YOU ARE SPEAKING TO - THEIR SURNAME AS WELL AS THEIR FIRST NAME
take a note of the time of day you are calling and a note of what has been said, and confirm what they have said back to them - they record the conversations and this will be good if you ever need it.
If you can, confirm it again in writing.

I know this sounds long winded, but from personal experience it really helps.

Good luck with it
Denise

overpayment query

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