Letter from DWP saying there has been overpayments of benefits and demanding immediate refund

[marksmith]

Could somebody please help with an issue I'm having.

 

I've received a couple of letters from the DWP recently saying I have been overpaid benefits over a number of years, ending a few years ago, because of a mistake in their calculations of how much I was due and therefore I must repay them. The sum totals a few thousand pounds.

 

I am aware of this situation from before, and I was paying back a sizeable sum each week when I was on benefits.

 

However, I am no longer on benefits and am very short of money, as I don't have an income. I am now a part-time student and I look after my elderly father who is quite ill. I get by on a very low expenditure, with money my father gives me from his pension (spending about £5 a week on my groceries for example).

 

The letters are becoming more forthright. The latest one I have just received states:

 

"DO NOT IGNORE

 

About the £xxxx owed

 

We have contacted you about paying back this money

 

You must make a payment by xx/xx/xxxx

 

Please do not ignore this letter. This will not mean you can avoid paying back this money, and you need to contact us to stop any further action being taken"

 

It goes on to say that they will consider recovering the money through the courts or "refer the case to a private company for repayment collection. You may have to pay additional costs if this happens, and your future credit rating may be affected"

 

I am very worried as you can imagine. I simply don't have the money anymore.

 

I don't know what to do. I know from past experience the DWP can be inefficient (even in their current letters they are commenting I am on benefits, which I haven't been for a long time now) and do you think they might pass over/'forget' this fairly old overpayment if I ignore their letters, including the one I have just received? Or will they continue to pursue it?

 

If they will pursue it, what do you think I should do pls?

 

I am very appreciative of any help anybody could offer please.

[45002]

Could somebody please help with an issue I'm having.

 

I've received a couple of letters from the DWP recently saying I have been overpaid benefits over a number of years, ending a few years ago, because of a mistake in their calculations of how much I was due and therefore I must repay them. The sum totals a few thousand pounds.

 

I am aware of this situation from before, and I was paying back a sizeable sum each week when I was on benefits.

 

However, I am no longer on benefits and am very short of money, as I don't have an income. I am now a part-time student and I look after my elderly father who is quite ill. I get by on a very low expenditure, with money my father gives me from his pension (spending about £5 a week on my groceries for example).

 

The letters are becoming more forthright. The latest one I have just received states:

 

"DO NOT IGNORE

 

About the £xxxx owed

 

We have contacted you about paying back this money

 

You must make a payment by xx/xx/xxxx

 

Please do not ignore this letter. This will not mean you can avoid paying back this money, and you need to contact us to stop any further action being taken"

 

It goes on to say that they will consider recovering the money through the courts or "refer the case to a private company for repayment collection. You may have to pay additional costs if this happens, and your future credit rating may be affected"

 

I am very worried as you can imagine. I simply don't have the money anymore.

 

I don't know what to do. I know from past experience the DWP can be inefficient (even in their current letters they are commenting I am on benefits, which I haven't been for a long time now) and do you think they might pass over/'forget' this fairly old overpayment if I ignore their letters, including the one I have just received? Or will they continue to pursue it?

 

If they will pursue it, what do you think I should do pls?

 

I am very appreciative of any help anybody could offer please.

 

Hi there

 

Could you give a bit more details, how much is the total for, how long does this go back to ?

 

Out of interest, did you appeal the original decision on over payments of benefit back when ever it was !

 

 

Thank you ...

[marksmith]

Thank you for the quick reply.

 

The sum is £6800.

 

I don't remember the exact timelines, but the overpayments were made for a period of about three years to my Income Support, until about three years ago.

 

It was entirely their fault. I believe they added some supplement to my Income Support benefit incorrectly and I had no idea at the time it wasn't meant to be added as the calculations are complicated.

 

I am no longer claiming benefit because I am not actively seeking work as I am tied up studying and looking after my father.

 

Do you think they would pursue it if I didn't respond to the latest letter?

[marksmith]

To answer your other question, I didn't appeal at the time as they explained that there had been a genuine overpayment.

[45002]

Thank you for the quick reply.

 

The sum is £6800.

 

I don't remember the exact timelines, but the overpayments were made for a period of about three years to my Income Support, until about three years ago.

 

It was entirely their fault. I believe they added some supplement to my Income Support benefit incorrectly and I had no idea at the time it wasn't meant to be added as the calculations are complicated.

 

I am no longer claiming benefit because I am not actively seeking work as I am tied up studying and looking after my father.

 

Do you think they would pursue it if I didn't respond to the latest letter?

 

 

To answer your other question, I didn't appeal at the time as they explained that there had been a genuine overpayment.

 

From what you posted, Still a bit confused why you didn't appeal at the time !

 

I'm no expert but from reading previous threads by CAG users, Yes they will pursue it ...

[estellyn]

You could try sending them a letter stating that it is not recoverable under social security law due to being solely from official error - if you have any evidence that it was official error that will help. Unfortunately, if they don't accept this, and if you are past the absolute time limit of 13 months to appeal, then there is little that you will be able to do except make a payment arrangement.

 

 

If you do have evidence that it was official error, and the DWP won't stop recovery action, then you may be able to fight any court action - but please don't take my word on that as it is not my area of expertise.

[essexmat]

My Father was overpaid without him knowing what he was entitled to a few years back to the tune of £4,800 over a 3 year period. He got a letter from DWP saying it was their mistake and would not be pursuing repayment due to it being their error. If it is a genuine error and not monies claimed for fraudulantly I cannot see how they can make a claim for recovery based on their mistakes in calculations

[estellyn]

My Father was overpaid without him knowing what he was entitled to a few years back to the tune of £4,800 over a 3 year period. He got a letter from DWP saying it was their mistake and would not be pursuing repayment due to it being their error. If it is a genuine error and not monies claimed for fraudulantly I cannot see how they can make a claim for recovery based on their mistakes in calculations

 

 

Sometimes they do, depends on the decision maker. They take a chance the person won't realise that they don't have to pay it back, or will feel some moral obligation to repay.

[essexmat]

ah, I see - well my Father is a stubborn sod so they wouldn't have had much luck with him as it was THEIR mistake. At best they would have got £1 a month LOL!