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Can I challenge a claim for recovery of overpayment made by DWP?

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Comments

  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Have you written to the DWP and asked for a full breakdown as to where the overpayment comes from?

    You can do a subject access review (SAR) which details everything they have about your claim. There's no charge for this request.
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  • dippy3103
    dippy3103 Posts: 1,963 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    Msuk wrote: »
    Thanks a million for the advice. As I don't know any specific grounds to appeal which may apply in this case, I'll try to write a general letter stating I wish to appeal and see what they say.

    If you want to appeal you have to state on which grounds.
  • Msuk
    Msuk Posts: 7 Forumite
    Thanks a lot for your tip. Yes, I have sent a SAR, requesting full details, so that at least I have a clear idea of what the overpayment claim is for and will be in a better position to determine if there may be any specific grounds for appeal.
  • epitome
    epitome Posts: 3,199 Forumite
    I can understand that appealing through the normal channels can be ruled out by the 13 month timelimit.

    But what I can't understand is that a person would have no recourse at all if they believe a debt is being recovered from them unlawfully.

    I would say that you always have recourse to judicial review, you may have to pay for it though, i.e. take the DWP to court. Or stop paying them and wait for the DWP to take you to court.

    The DWP say they will refer it to debt collectors but if there is no court order how can a debt collector collect any money from you?

    It's good that you have asked for details on why they think you owe them money, but why do you think you don't owe them the money?
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    https://forums.moneysavingexpert.com/discussion/comment/66267986#Comment_66267986 links to the current overpayments guide for staff of the DWP.
  • antonic
    antonic Posts: 1,978 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    The DWP like HMRC dont need a Court Order, they assign l the debt (as part of a package of debts to a DCA (like Rossendales) , for the DCA to collect.

    Thats because the DWP (like HMRC) doesnt have the staff to pursue the debt and the DCA will do a far better (and cheaper job) than the Civil Service.
  • G3VKI
    G3VKI Posts: 15 Forumite
    edited 11 November 2014 at 10:32AM
    antonic wrote: »
    The DWP like HMRC don't need a Court Order, they assign l the debt (as part of a package of debts to a DCA (like Rossendales) , for the DCA to collect.

    Thats because the DWP (like HMRC) doesn't have the staff to pursue the debt and the DCA will do a far better (and cheaper job) than the Civil Service.

    I have received a claim from HMRC for an alleged overpayment of Child Tax Credit and Working Tax Credit dating back to 2010. The alleged overpayment is £1440, which I simply do not have.

    Child Tax Credit ceased when our son finished full time education in 2009, and Working Tax Credit ceased when I stopped work to become my disabled wife's full-time carer during 2010.

    I wrote to HMRC and asked for details of when the alleged overpayment occurred but have never received a clear answer.

    Recently I received a letter from Pastdue Credit Solutions demanding payment. I wrote to them explaining that I disputed this debt and asking them to refer the matter back to HMRC.

    In Pastdue's reply they suggested I paid the debt to HMRC and then appealed, adding that if they upheld the appeal I would get a refund! It seems highly unlikely to me that I would ever see the money again if I did.

    As I understand it, if I pay a single penny to HMRC toward this alleged debt I would be acknowledging it and taking liability.

    It doesn't look as though it will just go away, so what should I do?
  • nannytone_2
    nannytone_2 Posts: 13,002 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    there is no use writing to the DWP about child/working tax credits as they are administered by HMRC.... a completely different organisation
  • G3VKI
    G3VKI Posts: 15 Forumite
    nannytone wrote: »
    there is no use writing to the DWP about child/working tax credits as they are administered by HMRC.... a completely different organisation

    Sorry, typo, I meant HMRC
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