DWP debt management have made a big mistake!

Darter245

A very good idea. Thanks I will do that tomorrow as I seem to be getting nowhere at all with debt management or the benefits office.

Darter245

I have changed banks many years ago. I have contacted my old bank but they believe you can only request statements up to 6 years old, this all happened 10 years ago allegedly.

pmduk

You need to dispute their reliance on an old decision that has no evidence to back it up. Argue that if their records are incomplete how can they assume that the decision they are relying on was never superseded or rescinded.

Again I think this is something your MP would like to hear.

ab1982

pmduk wrote: »

I think this is something your MP would like to hear.

I'm almost certain thats not true.

missapril75

pmduk wrote: »

...if their records are incomplete how can they assume that the decision they are relying on was never superseded or rescinded.

Since that wouldn't happen without a challenge and the OP is making the case that it's all news to them, meaning they couldn't have challenged something of which they knew nothing, that would be a difficult case to make.

Again I think this is something your MP would like to hear.

ab1982 wrote: »

I'm almost certain thats not true.

I agree. It would be a tad awkward since the lack of prompt early action in these matters is entirely down to cutbacks which caused the low priority on recovery work - when there aren't enough staff, priority is given to paying benefits and recovery work has traditionally been listed for action later.

The privatisation of storage of documents is also a major reason for less than good maintenance of records.

All voted for by government, made up of MPs. Not that most care of course.

Darter245

Every time I contact them I tell them that it's up to them to prove something and not for me to disprove what they are claiming. They literally can't provide a single shred of evidence to substantiate what they are saying. I emailed my local MP last nite and have been assured I will be contacted shortly regarding this. The DWP are terrible to deal with very evasive at all levels.

Darter245

The lady at the local CAB has printed some information for me regarding complaints etc and she had advised contacting my local MP. I sent him an email last night detailing everything.

missapril75

Darter245 wrote: »

Every time I contact them I tell them that it's up to them to prove something and not for me to disprove what they are claiming. .

Your problem with something like this is they have already done it.

At some time in the past they have collected information about what you were paid and they will have had some evidence of circumstances that would have reduced or cancelled entitlement for whatever period.

This would all have required at least two members of staff. A senior staff member would not only have agreed but will have quoted what law applies and what law allows recovery to be sought.

That decision will have been notified (possibly to an out of date address if they were unaware of a new one) and the absence of a challenge means that recovery will go ahead at a subsequent opportunity.

In my time in the DWP, overpayment documents would not be destroyed until recovery was completed or it had been written off. They were specially marked separately from other documents that could be destroyed.

But this was mostly before private companies came along and made money charging for a poor storage service.

I suppose they could be embarrassed into a climbdown if it's pushed and bad publicity results.

I wonder what would happen in a court case where evidence had been heard correctly, the judge takes a week to come to a decision but during that week the defendant or other party in a civil case moves and so doesn't receive any instruction to return to court so doesn't get to hear the findings.

When he is tracked down and made aware of the decision and all the court documents record the judge's ruling, does he get to say "I don't accept your findings, show me the court transcripts" or is further arrest/contempt of court on the cards?

pmduk

missapril75 wrote: »

This would all have required at least two members of staff. A senior staff member would not only have agreed but will have quoted what law applies and what law allows recovery to be sought.

In my recent DWP experience such cases can be initiated at AO level with the DEO being signed off by the AO acting individually. I was pressures to chase £30K of arrears despite the fact the arrears were so old as to be unenforcable. I was told that until the claimant realised that we should keep collecting from him despite the fact it was causing him financial hardship.

missapril75

pmduk wrote: »

...I was pressures to chase £30K of arrears despite the fact the arrears were so old as to be unenforcable...

Can you just clarify that please. Opinion on this forum always seems to be that some payments cannot be recovered via the courts for example but that repayment is still due.

Your comment makes it sound like you were told there was no right to recover the money but that you were encouraged to get away with it while you could.

I have a recollection that compulsory deductions were a set maximum dependent on other debts. If the person has other debts then isn't the repayment rate set accordingly?