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DWP looking into a pension credit overpayment

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David5690
David5690 Posts: 8 Forumite
Hi all

My mother passed away in Nov 2010, I got a letter from the DWP wanting to know what savings my mum had from 2000-2003 as they suspect a pension credit overpayment . So I contacted the bank and asked them for the records. I just got a letter from the bank stating in a nut shell "In line with our retention services, historical records are only kept six years, we are unable to to provide you with the info you have requested"

I'm wondering what happens next, I'll obviously post a copy of this to the DWP. But I'm wondering what they will do from here without any records, what will I have to pay back without a detailed statement from the year 2000-2003?.

Any help or advice would be great and appreciated.

Thanks so much

Dave.

Comments

  • dunstonh
    dunstonh Posts: 119,752 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You tell the DWP that exactly. They will have to accept that as it is a fairly common position nowadays.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • dunstonh wrote: »
    You tell the DWP that exactly. They will have to accept that as it is a fairly common position nowadays.

    Hi there

    I appreciate your reply, thanks for that. I was going to do just that as there is nothing else I can do. In the meantime as I'm sure it'll take sometime to hear from them, I'm curious how things materialise in these matters.

    My post was more of a query based on what the DWP will ask from me in the way of an overpayment. Do they make a guesstimate or do they leave it and dont ask for anything if no records can be provided. They have a statement from early 2010 only which I sent them many months ago.

    Thanks!!
  • atush
    atush Posts: 18,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In any case, as your mother has passed away, I don't see how they could ask you to repay the money in any case?

    They can't make a guesstimate, they have to prove they paid her more. But if you or your mother gave them all the information they needed back then and they still made the mistake, she might not have had to pay it back as it was 'reasonable' for her to beleive the payments were correct. This is my understanding, but I don't know anyone in receipt of pension credit.
  • atush wrote: »
    In any case, as your mother has passed away, I don't see how they could ask you to repay the money in any case?

    They can't make a guesstimate, they have to prove they paid her more. But if you or your mother gave them all the information they needed back then and they still made the mistake, she might not have had to pay it back as it was 'reasonable' for her to beleive the payments were correct. This is my understanding, but I don't know anyone in receipt of pension credit.

    My mistake, I failed to mention she left an estate/bank savings of £20,000 ish

    Sorry!!
  • You might be better posting this on the benefits board, where there will be more people with experience of pension credit and of DWP overpayment issues.
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