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Money received from DWP kind-of by mistake...
gazchap
Posts: 7 Forumite
Interesting one, this.
In the middle of January I logged on to my online banking and discovered my balance was quite a bit higher than I was expecting. Won't go into specifics re. amounts.
This was because of a payment made into my bank account by the Department of Work and Pensions. The reason for the payment was money owed by them to my ex-girlfriend.
While we were together, my ex didn't have a bank account so when she needed one for her regular payments from DWP towards the middle of last year, I said she could use my account and I would transfer it into a separate account so she knew what money she had.
When we split up (about 6 months ago) she set up her own bank account and informed DWP of this.
They clearly forgot to update their records and paid the arrears owed into my account instead of hers. She's since told them this, and they have now paid the money into her account as well and haven't taken it back out of mine.
Where do I stand on this? I've no intention of spending it of course, and have moved it into a separate account so I can't accidentally spend it, but I'm just curious as to what my rights are. Presumably my ex would need to tell them to take the money from my account, as it's her involved with the DWP, not me?
Any help appreciated!
In the middle of January I logged on to my online banking and discovered my balance was quite a bit higher than I was expecting. Won't go into specifics re. amounts.
This was because of a payment made into my bank account by the Department of Work and Pensions. The reason for the payment was money owed by them to my ex-girlfriend.
While we were together, my ex didn't have a bank account so when she needed one for her regular payments from DWP towards the middle of last year, I said she could use my account and I would transfer it into a separate account so she knew what money she had.
When we split up (about 6 months ago) she set up her own bank account and informed DWP of this.
They clearly forgot to update their records and paid the arrears owed into my account instead of hers. She's since told them this, and they have now paid the money into her account as well and haven't taken it back out of mine.
Where do I stand on this? I've no intention of spending it of course, and have moved it into a separate account so I can't accidentally spend it, but I'm just curious as to what my rights are. Presumably my ex would need to tell them to take the money from my account, as it's her involved with the DWP, not me?
Any help appreciated!
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Comments
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No - your ex-girlfriend has got her money.
What you've got is not your money - it's our money! "Our" meaning the rest of the British taxpayers.
Someone has made an error, the result of which is that you are holding money that does not belong to you in your account.
Pay it back to us - NOW!0 -
Yes, that's what I want help with - can the DWP just take the money out of my account or do I have to get her to tell them to take it out of my account? They don't seem to want to talk to me because it's not me that's involved with them.0
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Hmmm, tis a dilemma, one which, I suspect, will be up to your conscience to decide.I ave a dodgy H, so sometimes I will sound dead common, on occasion dead stupid and rarely, pig ignorant. Sometimes I may be these things, but I will always blame it on my dodgy H.
Sorry, I'm a bit of a grumble weed today, no offence intended ... well it might be, but I'll be sorry.0 -
No no, there's no dilemma - I've no intention of spending the money - the only reason I've put it in another account is precisely so I don't accidentally spend it (the account I've put it in is one of those e-Savings accounts from Barclays that you can't access through cards or anything.)0
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Send them a cheque with a covering letter and any reference numbers and dates pertaining to when the payment came into your account0
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I think you'll find that if you explain what's happened they'll be more than able to take the money from your account without needing to involve your ex."Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.0
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That is the most Absolute Codswallop post of the day. You pay tax as part of sociatey. How society pays that money out is up to our elected officials.No - your ex-girlfriend has got her money.
What you've got is not your money - it's our money! "Our" meaning the rest of the British taxpayers.
You'll note OP has no intention of spending, but asked a difinitive question.Someone has made an error, the result of which is that you are holding money that does not belong to you in your account.
Pay it back to us - NOW!Where do I stand on this? I've no intention of spending it of course, and have moved it into a separate account so I can't accidentally spend itAny help appreciated!
Just hope the Tax Site still works later so you can pay your share?Pay it back to us - NOW!0 -
Legally, there is no obligation on you to repay it.
The DWP cannot take money out of a bank account. They can recall a payment that has been sent and is yet to credit, but cannot withdraw once it has been paid in.
What DWP should be doing is contacting their banking team and providing details of the incorrect payment to them. Their banking team would then contact your bank, who in due course would write to you asking you to repay the money, and will lay out several options for you to repay, if you chose to do so. You can do so, voluntarily but there is no legal obligation on your part to repay it. Personally I would repay it because I'd feel a moral obligation to do so.
What you can do is write to the office that issued the incorrect payment, giving them your ex's national insurance number, and expressing that you would like to make arrangements to repay the amount they paid incorrectly into your account. Address it to the manager. If they have not already contacted their banking team they should then do so. They should be able to let you repay it in one lump payment, since it's sitting in an account untouched. The interest you have made on it would be yours to do as you please with.
They have replaced her payment because they had to, because they issued it to an incorrect account in error. It would be a different outcome if she had not updated her account details with them and she would not have had her money replaced.0 -
AsknAnswer2 wrote: »Legally, there is no obligation on you to repay it.
Based on what law exactly?AsknAnswer2 wrote: »The DWP cannot take money out of a bank account. They can recall a payment that has been sent and is yet to credit, but cannot withdraw once it has been paid in.
They have been reported using the Proceeds of Crime Act to freeze and confiscate assets, including bank accounts. http://www.sstaffs.gov.uk/pdf/Combatting%20Benefit%20Fraud.pdfBest Regards
zppp
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The money is not yours so you should contact the DWP and tell them.
best wishes0
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