DWP still demanding overpayment despite winning court case!! PLEASE HELP ME!

[Millennia]

My case has been going on for 3yrs. In short I was accused of co-habiting over a 2yr period. I was not guilty of this and I appealed. The appeal cut the period down to 1yr, so I appealed again the new decision. I lost. I appealed a 3rd time.. I lost.

 

I was then taken to court by the DWP on grounds of 'committing fraud by failing to notify..' I won my case! NOT GUILTY! There was zero evidence against me and that was said in the court room by the judge. "We find you not guilty as there is no evidence against you".

The DWP had to admit in court that they had not been to my house to get evidence, had not sat outside my home, and had not checked my boyfriends mothers house where he was in fact living!

 

Despite winning my court case the DWP are still pursuing me for the overpayment money for that 1 year. They argue that just because a court found me not guilty of fraud, it doesnt make me innocent of co-habiting, and that 'in all probability' I was in fact living with my boyfriend as he had 'no fixed address'.

 

My ex was a complete loser (although I didnt know it at the time) He changed address more times than most people change their underwear. He was dodging tax issues, csa etc.. so because people couldnt track him down, and he was named on my childs birth certificate.. they put 2+2 together and made an assumption!

I have lost my home through this. I dont have a penny to my name and I will be in debt for the rest of my life and beyond.. for something that I didnt do!

 

My solicitor advises a new appeal, but also adds that I will probably lose as they (the DWP) are determined to make me pay up! I feel victimised.

 

The worst part is that last year after I won my case, I was told by a neighbour that the person who made the annon accusation was in fact my boyfriend at that time.. why? He wanted me 'put away' so that he could live as a 'single dad' with my child, in my house, and not have to work!

 

Please can someone out there help me. Can someone take on my case please. I need this to stop

[Zara33]

OMG what a living hell! I can't give any advice sorry, just didn't want to read your post and run.

[Animal Lover]

Unfortunately for you DWP are able to still pursue the debt despite you being found not guilty by a court of the offence that caused the overpayment.

 

DWP Decision Makers base their decisions on the balance of probability whereas a prosecution has to prove 'beyond reasonable doubt'.

 

I thought you had to submit appeals against decisions within a certain timescale so you would need to check if you are able to appeal again.