DWP Requesting Money

Tintin316

I have recently dealt with the estate of a deceased family member. Thankfully everything was in one account so was simple to sort out. Probate was granted and documentation sent to the DWP for them to check. After a month they sent me a letter saying everything was fine and that the funds could be distributed. Now almost 3 months letter they have sent a letter stating that there was an overpayment and that the estate owes them approx £300.

Surely this is there error? They sent a final letter confirming everything was ok and authorising me to distribute the funds. The funds have now been distributed for almost 3 months and the only reason this was done was because they told me everything was fine and that nothing was owed back to them.

DandelionPatrol

I suggest the tactic of making this hard work for them.

Write back with a copy of their earlier letter asking them either to write the sum off or to recheck.

When they reply, if they still want money, ask for supporting calculations.

Write back with a copy of their earlier letter and ask them to write the sum off

If they still want money, write back with a copy of their earlier letter and state that the money was distributed on the strength of that letter, ask them to consider writing the money off or to propose another solution.

If they still want money ....

Ultimately, if you have distributed in good faith based on their letter, they are left to chase the residuary beneficiaries and at some point you may need to identify them to the DWP and let the DWP sort it out themselves.

G6JNS

Tintin316 wrote: »

I have recently dealt with the estate of a deceased family member. Thankfully everything was in one account so was simple to sort out. Probate was granted and documentation sent to the DWP for them to check. After a month they sent me a letter saying everything was fine and that the funds could be distributed. Now almost 3 months letter they have sent a letter stating that there was an overpayment and that the estate owes them approx £300.

Surely this is there error? They sent a final letter confirming everything was ok and authorising me to distribute the funds. The funds have now been distributed for almost 3 months and the only reason this was done was because they told me everything was fine and that nothing was owed back to them.

Write a formal letter, not email, enclosing a copy of their original letter. I had a similar occurrence about ten years ago for £400 and they wrote it off. If need be go to your MP.

FreeBear

G6JNS wrote: »

Write a formal letter, not email, enclosing a copy of their original letter.

Point out to the DWP that they have made an "official error" and they should respond indicating that the money has been written off. To state that no overpayment was made and then change their mind six months later is incompetent on their part.

Savvy_Sue

Do check exactly what the letter said: we had a letter stating that £330 pension was owed (or something like that), but that more might be owed for other benefits.

In fact I am sure Attendance Allowance was also overpaid by two weeks, so I'm waiting (and waiting and waiting) for that letter to come.

ericonabike

Now that the estate has been distributed, their only recourse is to pursue the executor personally for the money. If you refuse to pay, which I would recommend, they would have to take you to court [small claims I presume] to try and get the money back. Their appetite for doing this, for such a relatively small amount, is unlikely to be great. And since you acted perfectly correctly in distributing the estate based on their initial assessment, it's difficulty to imagine any court finding in their favour. Suggest you refuse to be intimidated, send them a letter setting all this out and sit tight.