Pension credits wrongfully paid

tomb50

keitht53 wrote: »

If you have raised your concerns about possible overpayment they should definitely get back to you about it.

My problem with your advice is, that after spending 18 months trying to get this sorted, I have come to the conclusion that DWP are deliberately avoiding putting in writing whether these overpayments are recoverable or not. This belief now seems to be confirmed by ANMARJ & lLLDO! in their above posts.

From past experience I've learnt that the Public Sector operate in the knowledge that no matter how incompetently and carelessly they perform their duties (a very small minority of them), ultimately, they can bring the full force of the law down on the poor sod on the receiving end, (in that particular case, me)

Apologies for keeping this going, just having a rant. 20 years on it still rankles that they got away with it.

pmlindyloo

tomb50 wrote: »

My problem with your advice is, that after spending 18 months trying to get this sorted, I have come to the conclusion that DWP are deliberately avoiding putting in writing whether these overpayments are recoverable or not. This belief now seems to be confirmed by ANMARJ & lLLDO! in their above posts.

From past experience I've learnt that the Public Sector operate in the knowledge that no matter how incompetently and carelessly they perform their duties (a very small minority of them), ultimately, they can bring the full force of the law down on the poor sod on the receiving end, (in that particular case, me)

Apologies for keeping this going, just having a rant. 20 years on it still rankles that they got away with it. TWITS (Typing error)

Having read your previous threads about this then I can understand your frustration.

To prevent their asking for this overpayment being addressed in the future you have to safeguard yourself.

My personal recommendation is to go to CAB and ask them to phone Pension Credit on your behalf. (Usually gov departments do sit up and take notice when CAB telephone.)

You need to know whether an overpayment has occurred and whether this overpayment will be collected.

CAB will make a note of who they spoke to (and so can you) and exactly what is said - there is no overpayment or there is an overpayment.

CAB will record this in their case record.

If the person says there is no overpayment then you (and CAB) have a record of who said it and when. Since all calls are recorded then if there is any future request for overpayment then you have evidence that you were officially told there was no overpayment and it would be treated as an official error and the overpayment written off.

It is ridiculous that this has been going on for so long - you need to have closure.

tomb50

Lindy

As more of a lurker than poster, I've come to recognise who to regard and who to to ignore. You are without doubt a good source of advice, indeed, you have given me good advice in the past which proved to be very useful. For which my belated thanks!

Now back to the current problem.

If you've read my other posts then you know that this is a problem partly of my own making. (Not declaring a company pension in my original claim for Pension Credit )

However, everything since has been as a result of DWP failure to act on information they've asked for and then acknowledged that I've supplied.

But what's really p*ssing me off, is that this involves a relatively small amount. (At the moment) I'd be more than happy to repay these overpayments just to get rid of the uncertainty.

As for CAB, tried that, 2 hours in queue (8am) to be told "We've filled our allocation, come back tomorrow" Sign of the times, and I imagine their problems are more pressing than mine, so I'll give CAB a miss.

Again many thanks Lindy, always learn from your advice.

pmlindyloo

tomb50 wrote: »

Lindy

As more of a lurker than poster, I've come to recognise who to regard and who to to ignore. You are without doubt a good source of advice, indeed, you have given me good advice in the past which proved to be very useful. For which my belated thanks!

Now back to the current problem.

If you've read my other posts then you know that this is a problem partly of my own making. (Not declaring a company pension in my original claim for Pension Credit )

However, everything since has been as a result of DWP failure to act on information they've asked for and then acknowledged that I've supplied.

But what's really possing me off, (Another typing error) is that this involves a relatively small amount. (At the moment) I'd be more than happy to repay these overpayments just to get rid of the uncertainty.

As for CAB, tried that, 2 hours in queue (8am) to be told "We've filled our allocation, come back tomorrow" Sign of the times.

Again many thanks Lindy, always learn from your advic.

Thank you for your kind words. I try my best

Have just re read your previous threads (plus your added comments) and it seems to me that you have evidence that they have received the company pension details by way of their returning your paperwork with an acknowledgement slip. (have you still got this?)

This is your evidence that you supplied them with the correct information and if it was not updated onto your file or if they did not act upon it then this would be an official error.

Also the fact that you have since received other information about your pension credit would prove that your file has been looked at and any overpayments should have been noticed (if not, another official error)

However, I understand your concern about getting a letter about an overpayment a few years down the line when, possibly, an audit is done.

So, what to do?

Since you are obviously worried about this and you recognise you owe this amount then you could try one more time to ask whether there is an overpayment or not (don't forget to take details of who/when/what)

And/or

Write to them giving details of your overpayment (dates etc)and the amount that you think you owe and ask for confirmation of the amount (don't enclose a cheque/PO!)

If they reply and say you do have an overpayment and you agree the figures then pay up.

If there is a deadly silence then if they ask for the overpayment years down the line then you would have ample evidence to have this written off.

Just keep copies of every letter/details of phone calls etc etc.

The other option (and I am will no doubt get slated for saying this) just send them a cheque with details of the overpayment then you can rest easy.

tomb50

pmlindyloo wrote: »

The other option (and I am will no doubt get slated for saying this) just send them a cheque with details of the overpayment then you can rest easy.

Bless you Lindy, 18 months I've been waiting for someone to say this.

Only problem is, DWP won't tell me how much the overpayments are. Until they do, I can't write out the cheque. I'd put the banging_head _on_wall_in frustration_icon_here_ now if I could figure out how do it.

Again, many thanks Lindy, your a star.

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12th Aug 2014. This has become so frustrating that it has driven me to go on the gov.uk site to check out the cost to the taxpayer of Official Error by the DWP, specifically regarding Pension Credit.

Finally, I think I understand why, after 18 months of writing & phoning, I still have nothing in writing from DWP with the words "Overpayment" & "Official Error" on them.

While it doesn't solve my current problem, hopefully it helps me deal with any future letters from DWP demanding these overpayments be repaid, at a time when doing so might cause me considerable hardship.

My thanks to anmarJ for her post.

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19th August. Rang DWP, and got through straight away, the first time that's ever happened. An extremely helpful and patient chap (Ian) answered all my queries and a short summary of what I was told:

6 calendar months overpayments x £52.60pm - showing on system as :-
"£339.64 - Unrecoverable" (I don't think I'll get confirmation of this in writing)

My new additional bank account opened in June 2014 - DWP don't need to know about this unless I want my PC paid into the new account.

My going above the £10,000 capital limit when all payments go in, then back below when all bills are paid - DWP only need to be informed when capital is above £10k AFTER all normal living expenses have been paid.

I'll ring-fence that £340 just in case whoever was in charge of that shambles at the local council back in the 90's has been headhunted by the DWP...

Given that the DWPs figures for 'Official Error' have dropped each year since 2012 I'm wondering if not acknowledging an official error has occurred means that those errors are not included in the yearly figures.

Really wish OP would come back with an update to her opening post, I'd like to know the dates involved.

pmlindyloo

tomb50 wrote: »

Bless you Lindy, 18 months I've been waiting for someone to say this.

Only problem is, DWP won't tell me how much the overpayments are. Until they do, I can't write out the cheque. I'd put the banging_head _on_wall_in frustration_icon_here_ now if I could figure out how do it.

Again, many thanks Lindy, your a star.

You could count up the weeks from the date your company pension was awarded until the time your pension credit was reduced and then multiply the number of weeks by £12.13 (the amount they deducted)

I am sure they would refund any overpayment!!!!!!!!!!!!!!