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DWP - Social Fund Repayment/Benefit Fraud

Please could you help?

I have now been harassed by the DWP regarding 'social fund debt' and benefits I never received (fraud) for 4 years.

I was in an abusive relationship in 2010/11. I had a key worker and rather unfortunately was in receipt of benefits during the relationship.

As myself and my past partner had joint JSA we applied for crisis loans until they had sorted our benefit entitlement and we were assured it would be taken out weekly.

The relationship inevitably crumbled and I had to move out of the area I lived in (Cheltenham) and sought solice with my parents in Oxfordshire who helped me get my life back on track, I can happily say I have been working since late 2011.

I received a letter in 2012 regarding a large sum for carers allowance. I fought that for a solid year with many a letter from the DWP claiming bailiffs would be at my door WHICH DID HAPPEN, now as someone who had been emotionally abused and had to leave my home town this obviously distressed me. I then received a letter stating that I owed nothing as I had fought that it was fraud. It was fraud as I was working at the time and never signed a document for this benefit, this took many phone calls and letters. The DWP also had my bank records which proved the monies were never in my account. I received a letter in December 2012 stating I didn't owe the monies. This was joyous and I thought it was finally over.

I then received in December 2013, another letter stating I still owed £172.05 from the social fund. Obviously it feels like I cannot seem to escape this horror of my past and the threat of debt agencies and the DWP. I am deeply upset that I keep being barraged with letter after letter for different sums of money.

I then wrote yet another letter to the complaints manager with all the previous letters attached including the letter stating I owed nothing. Now I receive a letter today stating that this debt is from two crisis loans and my debt has will be passed to a debt collection agency. In the letter it also states they only have one paper copy of a £49 crisis loan and the other has been and I quote 'misfiled'. I remember the £49 and money coming out of my JSA for it but with no proof of the £120 I don't remember it! Also, if I'm honest I've tried to forget that dark relationship.

I felt that the most recent letter treated me in upmost contempt and in the letter it is also admitted that the two separate debts were not explained correctly to me and I was apologised to for this miscommunication. I just am sick of the debt company threats!

Please could you help me? After 4 years of this it feels like I am being constantly harassed and victimised. A part of me would like them to contact my ex as it was joint but after the abuse I effectively moved away from him and was to have no contact with him due to his nature, I basically was told by Womens Aid to disappear and start again. I also thought this was to come out of benefits which we still received for the rest of the year whilst on JSA?

I feel very lost and that every letter I send to the DWP has gone unheeded. The benefit fraud itself whilst working 1 year ago that was never properly addressed makes me anxious, and completely adamant they have treated this case unprofessionally. Also, the fact they have misfiled paperwork yet still believe I owe the money also concerns me. It also seems curious that after the carers allowance was proven fraud another letter appears stating another random figure of money.

I implore you to please respond as soon as you get a chance. I don't believe I owe that amount and also don't trust that if I paid it would be cleared as I've had this issue with the DWP before.

I am concerned they will send a debt collector round and I cannot deal with that intimidation, it would be mortifying. I would send another letter, but past experience has proven this has gotten me nowhere.

Also - it isn't that I will not pay back if I owe it, it is they keep losing documents, have let someone claim £800 in my name (most likely my ex) and so on and so forth.

I am already waiting to talk to CAB and the independant advisors but some friendly advice in the mean time would be nice.

Please don't think I want pity, I have a lovely partner, great job and a great job. Just the DWP's harassment whilst I'm not even claiming benefits is very unnerving. I cannot seem to trust them.

:j

Comments

  • missapril75
    missapril75 Posts: 1,669 Forumite
    Eighth Anniversary Combo Breaker
    It sounds like there are two issues.

    Crisis loans (perhaps a budgeting loan too?) part of which you remember and benefits.

    It sounds like you have succeeded in winning your argument about not having the benefits they said were paid to you.

    But loans are recovered from benefits. It's possible that the loans were deducted from benefits paid but if you didn't get those benefits (it was someone else - is that what you meant?) then the loans wouldn't have been repaid.

    Can't offer much else I'm afraid.
  • bakert0123
    bakert0123 Posts: 5 Forumite
    My issue is, the first loan I do not dispute but as it was a joint claim surely I'm only liable for half? They haven't administered a full investigation into whether this was taken out weekly.

    Also, they have no proof of the second apart from a giro number apparently?

    I also want to take this higher due to the bailiffs and debt recovery without full investigations
  • nannytone_2
    nannytone_2 Posts: 12,991 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ypu will both be solely and jointly responsible.
    meaning if they cant get any money from him, then they are within their rights to come after you for the whole thing
  • epitome
    epitome Posts: 3,199 Forumite
    edited 24 May 2014 at 7:57PM
    Who was signing on at the jobcentre for the JSA claim?

    You only
    Your ex partner only
    or both of you?

    You can phone JSA and ask them what payments were made on JSA and what deductions were taken out at the time.

    Ask social fund what account the money was paid into?
  • bakert0123
    bakert0123 Posts: 5 Forumite
    I know the social fund was paid into mine, I have asked for the JSA deductions as I had to close that bank account when I moved (I was advised as he knew my details and in case of postal errors), they claim they have misfiled the second.

    NOW when I try and contact I am merely referred to a debt collection agency.

    My issue is I really want to take this higher and complain, not only have they allowed £800 to be raised in my name without ID whilst I was working and threatened fraud action that took me 2 years to finalise; they now conviniently loose proof of the second loan.

    The JSA was joint signed but I presume as I am the only one working (I doubt he is as he had a drug addiction) it is I they are chasing.

    I wish to make a formal complaint as this has been a whole multitude of errors.

    Believe me I would pay, but what if they then decide another random figure to ask me for?
  • bakert0123
    bakert0123 Posts: 5 Forumite
    And also due to the fraud aspect I'm concerned if I did have the 2nd loan.

    The first of £40 would have been paid at £6pw from the proof and I know we were on JSA for another 4/5 months after that so would have been paid.
  • bakert0123
    bakert0123 Posts: 5 Forumite
    I also claimed JSA briefly whilst temping in early 2012 whilst waiting for a new job to start and all earnings were given to my advisor so why didn't they let me know then?
  • epitome
    epitome Posts: 3,199 Forumite
    Are you saying that JSA is going to write to you with details of all the deductions taken out of that claim?

    Why not instruct the debt collection agent that the debt is in dispute and to be referred back to the debtor (DWP) to be taken to court, Then in court ask DWP what evidence they have that you took the loan out...

    Or phone social fund and tell them you want to appeal or "mandatory reconsider" whether or not you are responsible for the second loan and whether the first loan has been paid back already.
  • missapril75
    missapril75 Posts: 1,669 Forumite
    Eighth Anniversary Combo Breaker
    bakert0123 wrote: »
    I also claimed JSA briefly whilst temping in early 2012 whilst waiting for a new job to start and all earnings were given to my advisor so why didn't they let me know then?

    Not sure what you mean by earnings given to the advisor, but JSA staff are not social fund staff so wouldn't necessarily have SF records to hand - nor even understand them if they did. So how could they let you know?

    But it brings me back to my earlier point. You agree you had a loan. You say you successfully challenged whether it was you that had benefit payments - meaning it was someone else in your name.

    If they believed it was you at the time, it's possible the loan you accept was yours was "recovered" from that benefit that was in your name but that you didn't get.

    When they come to agree you didn't get that benefit it follows that they haven't recovered the money they thought they had recovered.

    Given all that happened to you isn't it possible that there was an additional loan to the one you remember? And they haven't contacted you about it before because they had thought they'd recovered from benefit paid to whoever wrongly claimed it.
  • Morglin
    Morglin Posts: 15,922 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    To be honest, this sounds so complicated, it may be worth getting some legal advice.

    Many solicitors do fixed fee appointments (get one that understands Benefit Law, which your local CAB should have a list of), or these guys might be able to point you in the right direction:

    https://claonlineadvice.justice.gov.uk/

    Lin :)
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset. ;)
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