Harassed by Fredrickson International Ltd (DWP Related)

[estellyn]

Ignore what one other other poster is telling you as I am speaking from personal experience. You can still claim as you have only just be made aware that it was an "official mistake". As far as I am aware nowhere in the regulations does it state you need to claim the official mistake within a specific time frame although it is expected to be reasonable. Get the letter off as you have nothing to lose and everything to gain!

 

sigh. fine, I give up. Must of imagined the many cases I've done like this.

 

Its only official error when the DWP agree its official error or a tribunal declares official error. Neither of these things have happened. In order to start appeal proceedings it needs to be 13 months from the original overpayment decision, which was 2010.

[Surfer01]

sigh. fine, I give up. Must of imagined the many cases I've done like this.

 

Its only official error when the DWP agree its official error or a tribunal declares official error. Neither of these things have happened. In order to start appeal proceedings it needs to be 13 months from the original overpayment decision, which was 2010.

 

How would you know it is an overpayment error until they start chasing you? Please point to the regulations where it states that there is a 13 month time limit as I have not come across this It is an "official error" when you point out to them it is an "official error". Do you honestly think they are going to admit to it? Have you challenged an "official mistake" and gone through the procedures to get the overpayment demand withdrawn?

[estellyn]

How would you know it is an overpayment error until they start chasing you? Please point to the regulations where it states that there is a 13 month time limit as I have not come across this It is an "official error" when you point out to them it is an "official error". Do you honestly think they are going to admit to it? Have you challenged an "official mistake" and gone through the procedures to get the overpayment demand withdrawn?

 

On 30th august 2011 he received notification of the overpayment. No the DWP often don't admit that official error has occured, and many people have to appeal to prove that it is official error. the phone calls disputing the overpayment can reasonably be interpreted as proof that he received the notification of overpayment. If the DWP are admitting that they received the B7 forms and understood what work was being undertaken by the claimant, then it could be pointed out to them that this is official error and therefore is not recoverable under social security law. However it appears that the DWP are claiming either not to have received the B7's or to have been misled as to the type of work undertaken for no pay (or both), in which case this is a dispute which is required to be settled under normal dispute procedures - the appeals process, for which there is an absolute time limit of 13 months from the initial decision (august 2011).

 

 

 

Grounds for late appeal

 

 

The one month time limit for making an appeal may be extended in limited

circumstances.

 

A decision maker can grant (but can never refuse) an extension of time in

which to make an appeal. Where a decision maker cannot grant an extension, the

application must be passed to the Appeals Service for a legally qualified member

of the tribunal to decide. When considering whether to extend the time limit,

both the decision maker and/or the legally qualified member of the tribunal will

grant an extension only if the person has reasonable prospects of success and it

is in the interests of justice to extend the time limit.

 

The term ‘in the interests of justice’ applies where it was not practicable

to apply earlier because:

 

• a person or her/his partner or a dependant of the person has died or has
  

• 
  suffered serious illness; or
  
  
• the person is not resident in the UK; or
  
• normal postal services were interrupted.
  
• 
  

If the reason for the delay is not one of the above, it should be wholly

exceptional and relevant to the application. The longer the delay in appealing,

the more compelling the special circumstances have to be. In deciding about the

delay, the chairperson cannot take account of any delay resulting from a person

misunderstanding or being unaware of relevant law or that a court or

Commissioner has interpreted the law differently.

 

Regardless of how mitigating the circumstances for failing to make an appeal

within the time limit, an extension of time for appealing will not be granted to

anyone whose application is received more than one year after the expiry of that

time limit. In other words, applications for a late appeal will only be

considered within thirteen months of the date of the decision under appeal.

 

 

Yes, if the DWP agree this is official error then there is no dispute, and the DWP are free to revise their own decision. But unless the OP has absolute proof that a) they had the B7 forms and b) written proof that they knew the type of work he was doing, then getting the DWP to revise their own decision to overpayment due to official error is impossible. Even if you had all the proof in the world it is difficult to get the DWP to agree to official error even within the time limits and virtually impossible to get an any time revision outside the time limits.

 

I have challenged many official errors, most successfully, but no success outside the time limit as it becomes entirely within the purview of the DWP to decide whether or not they revise the decision. There is no dispute process that is available to force their hand. I suppose if there were overwhelming evidence and no question of interpretation, then maybe an MP could bring pressure to bear - but those cases are incredibly rare.

Edited November 26, 2012 by estellyn

[Surfer01]

Please supply the link to the regulations that impose the time limit as that would be most useful. The first the OP knew of the "official mistake" was when I brought it to the OP's attention. Prior to that the OP assumed that they had rightly or wrongly no choice.

At the moment we are speculating as none of us including the OP have any idea what was on the customer form and until the OP receives a copy, we can offer no more advice.

[5aq1b]

I have been on the phone to DWP and their Debt Management dept and will be writing a letter to them asking for the customer statement. Will keep you guys updated.

[Surfer01]

I have been on the phone to DWP and their Debt Management dept and will be writing a letter to them asking for the customer statement. Will keep you guys updated.

Thanks. Hopefully you will be successful in getting the overpayment demand cancelled.

[abc123def]

I would just make an offer and make payments of £10 a week or £20 a month until it is paid back assuming you can afford that amount, if not make a lower offer. It would seem you were not legally entitled to the money and while I sympathise and understand that you were totally unaware that you were not entitled (staff in jobcentres know little ime) nevertheless you were not eligible so I would pay it back.

[Surfer01]

I would just make an offer and make payments of £10 a week or £20 a month until it is paid back assuming you can afford that amount, if not make a lower offer. It would seem you were not legally entitled to the money and while I sympathise and understand that you were totally unaware that you were not entitled (staff in jobcentres know little ime) nevertheless you were not eligible so I would pay it back.

 

Why make an offer if they made the mistake in the first place?