Victim of benefit fraud

The_Kurgan

elsien said:

There was something about this in the paper the other day, due to the minimal checks being carried out at the moment. 

https://www.google.co.uk/amp/s/amp.theguardian.com/money/2020/nov/14/universal-credit-fraud-scam
Might be worth contacting the paper to see if they can help you as well. 

Or as Calcotti says, your MP. Or both, 

Thanks for this, I found this article yesterday after googling away. This was indeed, the article I was referring to. There wasn't much in the way of helpful information in there, but writing to my MP and a tabloid may be a viable option as well as those mentioned by others. Thank you 

calcotti

The_Kurgan said:It all seems that this department is very lapse on security. Where is the validation process and what documents, if any, are being asked for in relation to a fraudsters identity. 

I don't know when your problem started but lot of the normal checks were suspended in response to COVID in order to get help to people more quickly. There had been previous problems before that but the loopholes had largely been closed.

tacpot12

You have a good employer. It they can hold off deduction anything until the DWP threatens them with action, this will buy you some time to sort this out. (I expect it will take them a couple of months to notice that your employer hasn't made the deductions they were asked to make). 

I think the letter you need to write will vary slightly depending on what data they hold for you, and what you can prove from the credit reference agencies. You are entitled to a report from the credit reference agencies for free. See here for details of how to get these reports: How to check your credit report - Money Advice Service
You need to make a subject access request to the DPW for all the information they hold for your NI Number. Send them a photocopy of your passport, and a recent payslip with your NI number, as proof of your identity.  

The_Kurgan

calcotti said:

The_Kurgan said:It all seems that this department is very lapse on security. Where is the validation process and what documents, if any, are being asked for in relation to a fraudsters identity. 

I don't know when your problem started but lot of the normal checks were suspended in response to COVID in order to get help to people more quickly. There had been previous problems before that but the loopholes had largely been closed.

Yes, I have read in a few places that ever since the first lockdown, there has been a spike in fraudulent activity, particularly in relation to universal credit advances. Yet again, something else to blame on coronavirus. It's just not good enough and a very poor excuse. And it doesn't help anyone who's in this situation. This is supposed to be a governmental department for goodness sake. How can they be so blasé when it comes to security. Pay up now, seek remuneration from innocent people later. Poor. Really, really poor. 

The_Kurgan

tacpot12 said:

You have a good employer. It they can hold off deduction anything until the DWP threatens them with action, this will buy you some time to sort this out. (I expect it will take them a couple of months to notice that your employer hasn't made the deductions they were asked to make). 

I think the letter you need to write will vary slightly depending on what data they hold for you, and what you can prove from the credit reference agencies. You are entitled to a report from the credit reference agencies for free. See here for details of how to get these reports: How to check your credit report - Money Advice Service
You need to make a subject access request to the DPW for all the information they hold for your NI Number. Send them a photocopy of your passport, and a recent payslip with your NI number, as proof of your identity.  

Thank you for your reply. 
I have only worked with them for three months but they're a close knit little firm, so far so good.
I am signed up for the monthly credit report via MSE so I shall print a copy of my report. 
I have also just put in a request to the DWP for all the information they have on me on the back of your previous comment. 
I assume that you are perhaps implying that I hold off submitting any correspondence until I have received the information request data through the post from the DWP? 

tacpot12

Yes, you only get once chance to ask for a Mandatory Reconsideration, so I think it might be best to hold off making the request for MR until you have as much evidence as you can get, including receiving the subject access request. If the DWP play the "Data Protection" card and will not release information to you about "you", this means they are admitting that they know that the "you" they paid the money to in not in fact you. You really shouldn't need anything other than them declining to release information under a subject access request to prove they know that it was a fraudster who received the money. If they were confident that it was you, you would release the information to you. 

You only get 1 month to make an MR request from the date of the decision (to attach you earnings) to submit your MR, unless you have a reasonable reasons. Waiting for the subject access request is reasonable; I don't see why you should have to live with a 1 month deadline if the DWP don't abide by the 30 within which they are supposed to deliver on your subject access request (SAR). You need to mention in the letter that the cause of the delay is their delay in responding to the SAR. Don't be unpleasant about it though; it is a human who will make an decisions on your case and you want them to be well disposed towards you. 

calcotti

I’m not sure an MR is the appropriate mechanism for a case of fraud. An MR is a review about a benefit decision. The issue here is not whether the award decision is correct or not but whether or not the OP is responsible for a debt arising from a fraudulent claim made in their name.

Alice_Holt

calcotti said:

I’m not sure an MR is the appropriate mechanism for a case of fraud. An MR is a review about a benefit decision. The issue here is not whether the award decision is correct or not but whether or not the OP is responsible for a debt arising from a fraudulent claim made in their name.

     No, I'm not sure either.
    OP does any letters you have had from the DWP have a para headed - What to do if you disagree with this decision or similar wording?  If it does you could try an MR.

   Just wondering if a pre-action Judicial Review letter may be appropriate.  CPAG have a list of templates, a couple of which deal with UC fraud - but not the OP's precise circumstances -
https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters

When you write to your MP, it may be worth copying it to the DWP Sec of State (as MP's do vary in their responses to constituency matters).
  

Paula94

What happened in first lockdown was a influx of UC claims. We worked 7 days a week. To ensure UC claim were verified and ready for payment for end of first Assessment Period. Lots of staff including myself were deployed to take new claims. Everyday changes were made to speed up the process. Undoubtedly fraud claims were made. However, self verification was required. Most advance benefit fraud was legacy benefit customers advised of a interest free loan. Claims were made to UC and customer given minimal portion of advance. Did you have any claims? 

Paula94

Actually we had to verify the bank account details. The customer submitted and we asked last 4 digits of account. If matched we continued claim. You should request a copy of UC declaration including verification. Then show your bank statement for last 12 months (assumption within 12 months). Then open another bank account for wages to be paid