Overpayment repaid in 2003 but still getting hounded!

saira172

Please help if you can - I'm exhausted!

In 2002 I was on income support but also working part time, I only worked during term time so was paid a higher rate in the holidays.

In Sept 2002 I went back to work but forgot to inform DSS for 3 weeks when I wrote to them and asked them how I could repay (which seems to have been my big mistake). Lady at DSS rang me up and told me verbally that they would simply continue to pay the lower (term time) rate until the debt was repaid. This was by April 2003.

In April 2004 (18 mths after the overpayment) I came off income support and was paid a "back to work" bonus.

In August 2004 (22 months after the overpayment and 6 months after my claim was finalised) I received a letter to say there had been an overpayment!

Since then I have sent them copies of my award statements, copies of bank statements as everything was paid into the bank, copies of payslips, a letter from my employer confirming my pay and a letter from an Admin Officer at DSS confirming my payment entitlement. Anyone who can add up can see what I'm saying is correct.

The debt was passed to IQOR who accepted what I said and passed it back to DSS, I then made a complaint as I kept getting told that they couldn't prove what I'd been told verbally about repayment, that the documents had now been destroyed (apart from my letter telling them they had over paid me!) - so even though I have proof that I repaid, because it wasn't done in the correct manner they still think I owe them money. My point has always been that a) I shouldn't have had to know the job of Benefits Agency staff, they should have followed their own protocols and b) if they thought I still owed them money then they shouldn't have destroyed my notes until the case was closed to their satisfaction.

I last heard from them in November 2007 in response to a letter in which they apologised for their tardiness but still said the amount was outstanding (£147.80). I replied to that letter and didn't hear anything ever again...... until this morning!

Is there anything I can do?? I'm at the point of agreeing to pay simply to get it out of the way after 11 years.... but why should I when I don't owe them the money!?

rogerblack

saira172 wrote: »

Is there anything I can do?? I'm at the point of agreeing to pay simply to get it out of the way after 11 years.... but why should I when I don't owe them the money!?

Write again, outlining the above, and requesting compensation for maladministration.

http://www.dwp.gov.uk/docs/financial-redress-for-maladministration.pdf

This would include all costs in preparing copies, postage costs, costs of petrol to get to the post office, phone calls, ...

Request that the inaccurate data about your indebtedness is corrected under their duties under the data protection act.

http://www.ico.gov.uk/for_organisations/data_protection/the_guide/principle_6/correcting_inaccurate_personal_data.aspx

saira172

Thank you - that's really helpful! That's new info since they last contacted me over 5 years ago!

The crux of it seems to be that they are either unable or unwilling to look at the very clear evidence that shows it's been repaid - although it does take them to do some reading of figures and a bit of adding up to check that I'm not fibbing.

I really don't understand why they destroyed all the paperwork when as far as they were concerned the case wasn't closed!

So frustrating and tiring and infuriating!

Poppie68

I would be tempted to contact your MP, they can be very helpful when trying to deal with these kind of issues. Good luck