DWP - Debt Management

bonnand

Hello,

I hope someone might be able to give me some pointers to help solve my problem.

I will start at the beginning, in 2001 my mother passed away. Due to being not very well off I was struggling to pay for the funeral. When I visited the funeral director, he advised that I could apply to the Social Fund for a funeral payment and that he would handle everything. The funeral went ahead and I heard no more. Fast forward to today and the following......

I received a letter from the DWP - Debt Management (DWP-DM) office on the 22nd January 2015 and due to certain personal issues at the time I ignored it. The letter was a demand for £839.78 which they said I owed. Forward to the 22nd February 2015, I received another letter advising that they had contacted my employer for an Direct Attachment of Earnings order and would now take money direct from my salary.

I eventually contacted DWP-DM on 13th March 2015 and asked what the debt was for, they advised they had been requested to chase the money from the Social Fund (SF) and to contact them. I duly contacted the SF and after speaking with the department was advised that there was NO debt against my name. I immediately contacted DWP-DM and advised them of this and they said I have to get SF to contact them and confirm, DWP-DM will NOT speak to the SF direct.

So since the middle of March I have spoken to at least seven different people in SF (including funeral payments depart) who all state I owe no money and reached the point at the end of April when a manager from SF rang me back and told me to stop chasing them because, as I owe no money they will do nothing!

I have so far had £376.26 taken direct from salary and have managed to agree a flat repayment of £60.00 per month whilst I am trying to sort it.

I have spent many hours on the phone trying to sort this, I have also visited local CAB who have contacted DWP-DM for me but I am stuck in the middle getting nowhere at all.

Please let me know any ideas on how I can sort this out.

Thank you.

bonnand

Hi,

Just an a quick note.

I have spoken DWP-DM this morning. They have now forwarded all details to Balham SF who deal with disputes and I have been advised to chase on Monday to find out outcome.

I may be getting somewhere but if someone out there can still offer so advise, it will be gratefully received.

Thanks.

rogerblack

bonnand wrote: »

I may be getting somewhere but if someone out there can still offer so advise, it will be gratefully received.

Thanks.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/422425/financial-redress-maladministration-apr-15.pdf

This is the staff guide for DWP staff about compensation.
Oddly, there is no customer guide for this matter - I wonder why.

If it turns out to be their fault, request compensation, both for your out of pocket expenses, the damage to your reputation from your employer, and your time.

If you don't complain, then the system is working fine, and you were just fine with what happened.

konark

To qualify for a funeral payment you have to be on a qualifying benefit, usually (IB)JSA or IS, and you really need to apply personally, don't think funeral director can do it unless he really knows your circumstances.

Civil debts are usually 'timed out ' if they aren't chased for six years, but I suppose the DWP are above the law.

Nice to know one arm of a Govt. dept won't speak directly to another- then they wonder how people defraud the system.

A funeral payment is repaid from the ESTATE OF THE DECEASED (funds permitting), not from those who organised the funeral.

10pence

konark wrote: »

Civil debts are usually 'timed out ' if they aren't chased for six years, but I suppose the DWP are above the law.

Incorrect, statute-barred doesn't mean the debt has 'timed out', the debt still exists it just means creditors cannot use certain tactics to enforce the debt, such as court action.

Generally for benefit overpayments and social fund loans the '6 year rule' exists but it starts from the final decision of when benefit/social fund was made by council/DWP.
However, if in receipt of benefits the DWP can take payment towards the debt.

rogerblack

10pence wrote: »

However, if in receipt of benefits the DWP can take payment towards the debt.

And if in work, they can deduct from earnings.

giddypenguin

Am I reading correctly, you are paying money to one arm of DWP, which another department says you do not owe?

Can you get SF to write you a letter detailing that you don't owe anything then forward this on?

bonnand

Thanks for your reply.

My last contact with DWP-DM, they advised that the case has been forwarded to SF Balham who will decide on the case.

Yes, I have confirmed at least seven times that there is no debt against my name in both the SF system and the Funeral Payments system.

I have been advised to ring DWP-DM on Monday ton find out any movement, hopefully to be told this hasd been cancelled and I can get back my £376.00 that they have already taken from me.

Thanks.

giddypenguin

Best of luck! What a nightmare x

Robbie64

If all else fails, contact your MP and get him or her to take up the case. They're back at work in the House Of Commons on Monday so will be contactable from then.

You should also make a complaint against the DWP and ask for financial redress. At the very least they should pay you compensation in the form of interest on the amount of money they owe you.