DWP CLAIM BACK PENSION OVERPAYMENT DIRECT FROM BANK

Rodders53

DWP did the same when M-i-L passed many years ago now.  Nationwide (bank) had been informed and account was "closed".  Not?

DWP had the cheek to repeatedly ask for the same sum of money.  So I provided proof they'd recovered it,  and demanded a letter stating nothing owed by return.  Which we got, eventually.

I see nothing wrong with repaying money to DWP owed from a solvent estate.

HillStreetBlues

Rodders53 said:

DWP did the same when M-i-L passed many years ago now.  Nationwide (bank) had been informed and account was "closed".  Not?

DWP had the cheek to repeatedly ask for the same sum of money.  So I provided proof they'd recovered it,  and demanded a letter stating nothing owed by return.  Which we got, eventually.

I see nothing wrong with repaying money to DWP owed from a solvent estate.

The issue isn't repayment but the way they have done it. If Bob the window cleaner was owed money then he would have no right to just take it out of the bank account.

MCT56

Yes that is correct Rodders53, it's the method they used that is the objection. We didn't think they could just approach the bank behind our backs and get money out of a frozen account without the executor even being told of the intention. When you find an unexplained transaction on a frozen account account - it's worrying, as you are immediately wondering if there's some kind of scam. Looks like the DWP have either ignored the rules - if there are any - or the rules have changed. They have certainly ignored common courtesy. Be interesting to hear if anyone else has recently been treated this way.

Pollycat

OP
What have you done about this?
Have you contacted DWP?
If so, what was their response?

gbhxu

I'd report it as theft

Nearly 3 years go I was in the same situation with my late Father. 

I told them that if they took the alleged overpayment, I'll report it as theft.

They never took it and I got a letter saying that it would not be reclaimed back

MCT56

In response to Pollycat, we haven't contacted the DWP, only the bank. They told my wife it was common practice for this to happen and that the executor wouldn't be notified. We don't necessarily believe this could possibly be the case. The point of posting on this website was to alert others to the possibility that the DWP may now be bypassing executors of an estate to reclaim money direct from the bank. Hopefully, in due course we will find out if it's a one-off, or an actual policy. 

devoncop22

gbhxu said:

I'd report it as theft

Nearly 3 years go I was in the same situation with my late Father. 

I told them that if they took the alleged overpayment, I'll report it as theft.

They never took it and I got a letter saying that it would not be reclaimed back

I can tell you now the police will not record this as theft. The definition of theft under the 1968 Act is to "dishonestly appropriate property belonging to another intending to permanently deprive the other of it".

There is no dishonesty involved. If the money was paid out incorrectly it therefore does not "belong to another", it belongs to DWP.

This is a civil dispute and the OP will only be able to try and seek recompense at their own expense through the civil court. 

Chances of success ? 

Pollycat

MCT56 said:

In response to Pollycat, we haven't contacted the DWP, only the bank. They told my wife it was common practice for this to happen and that the executor wouldn't be notified. We don't necessarily believe this could possibly be the case. The point of posting on this website was to alert others to the possibility that the DWP may now be bypassing executors of an estate to reclaim money direct from the bank. Hopefully, in due course we will find out if it's a one-off, or an actual policy. 

My Mum was overpaid pension after she died.
We used the 'tell us once' service but for some reason it took them some time to cancel the payments into her bank account.
DWP wrote to us to say that they were owed £x but I didn't repay the full amount as I was well annoyed with a number of Govt departments about various things to do with her death. (see the link to another MSE thread below)
They never wrote again.
They did not attempt recover the money from her bank account.
I'm really shocked that they can do this without prior notice, let alone no notice at all.

I remember at the time reading this article:
Paul Lewis Money: DWP CANNOT ENFORCE DEMANDS TO REPAY PENSIONS PAID AFTER DEATH

It's dated 6/5/2019.

This MSE article is newer:
Ignore requests from the state trying to claw back pension overpayments after someone has died - they have no legal right to do so (moneysavingexpert.com)

The article generated this thread:

Ignore requests from the state trying to claw back pension overpayments after someone has died — MoneySavingExpert Forum

I posted on that thread why I didn't repay the full amount overpaid.

gbhxu

devoncop22 said:

gbhxu said:

I'd report it as theft

Nearly 3 years go I was in the same situation with my late Father. 

I told them that if they took the alleged overpayment, I'll report it as theft.

They never took it and I got a letter saying that it would not be reclaimed back

I can tell you now the police will not record this as theft. The definition of theft under the 1968 Act is to "dishonestly appropriate property belonging to another intending to permanently deprive the other of it".

There is no dishonesty involved. If the money was paid out incorrectly it therefore does not "belong to another", it belongs to DWP.

This is a civil dispute and the OP will only be able to try and seek recompense at their own expense through the civil court. 

Chances of success ? 

Yes. it would be theft under probate laws.

This is what a solicitor told me.

Because the estate was worth over £5000, probate needed to be granted before any money could be distributed. The DWP would have become a creditor. Once probate was granted, then the DWP would have got there money. 

Luckily it didn't have to be paid back