Gransnet forums

Legal, pensions and money

Bombshell phone call for MissOops whilst moving house

(39 Posts)
Oopsadaisy1 Fri 14-Jan-22 16:21:51

MissOops and our nephew house share, they moved into a new property yesterday as their old Landlord wanted his house back to live in.

Whilst in the middle of moving yesterday the Benefits office phoned her and told her that they had received her new address and paperwork and have found that they have overpaid her for the last 2 years.

She asked them if she could call them on Monday to talk about this as she had no idea how it happened, she filled in a huge amount of forms when her circumstances changed during the Pandemic in 2020 and her benefits were altered accordingly.

They said that she would have to wait for a letter from them telling her the amount she has been overpaid ( well over £10,000) and how much she will be entitled to in the future, probably not enough to be able to pay the rent in the new house ( it isn’t new, but new to her).

When she asked how on earth she would be able to repay it they told her that it would go to a Debt Collector if she couldn’t pay.

Has anyone any experience of this ? and how did you go about checking that the Benefits Dept.figures were right or wrong .

Obviously we will try to get to the bottom of this, in the meantime what should have been a happy weekend getting away from their awful neighbours has instead been a very worrying time.

Luckygirl3 Thu 14-Apr-22 09:32:02

Even when the fault is at their end you still have to pay it back. A friend of mine with ovarian cancer was receiving Attendance Allowance - she got back to them and said they were paying it at too high a rate; they disagreed. When they later realised their error and that she was right, she had to pay it all back.

lemsip Thu 14-Apr-22 08:20:30

www.gov.uk/benefit-overpayments/how-to-make-a-repayment

If you do not pay back the money
If you do not pay back the money or contact the DWP Debt Management contact centre, they may pass your case to an independent debt collector.

You’ll get a letter to tell you about this.

If your case is passed to a debt collector, the letter will be from one of the following debt collection agencies:

Advantis
BPO Collectionshttps://www.gov.uk/benefit-overpayments/how-to-make-a-repayment
CCS Collect
Moorcroft
Past Due Credit
Resolve Call
Shakespeare Martineau

So yes, the DW&P do use debt collecters!
08007310469 for DW&P

LOUISA1523 Thu 14-Apr-22 07:59:28

I remember, years ago, having to pay back £23 a month tax credits for 3 years ....it seemed so unfair when it was HMRC fault....thats good that you are able to help her out

Shinamae Wed 13-Apr-22 20:47:54

I was overpaid for working families TAx credit and I’m now paying back £14.52 a month for the next two years..

Oopsadaisy1 Wed 13-Apr-22 20:37:32

Cabbie she has sent an email asking for lower repayments. Unable to contact them over the phone.

Cabbie21 Wed 13-Apr-22 18:54:08

Can she not negotiate a more affordable rate of repayments? Though of course that would last longer.

Jaxjacky Wed 13-Apr-22 18:44:40

Thank you for the update Ooopsadaisy I’m pleased it’s not too bad, but still incompetent.

Oopsadaisy1 Wed 13-Apr-22 18:03:45

Repayment is £60 per month, methinks we will have do do her grocery shopping for her for a few months.

Oopsadaisy1 Wed 13-Apr-22 18:02:28

Cabbie yes, we can prove that it’s their error but there’s no point, the money has to be repaid.

rafichagran Wed 13-Apr-22 18:01:22

Glad it us not as bad as she thought.

Shandy57 Wed 13-Apr-22 18:01:07

I didn't see your post back in January Oopsadaisy, best wishes to your daughter on them accepting a repayment plan.

When my husband died and I got part of his pension, his company didn't tax me properly, it took me three years to get it sorted.

Cabbie21 Wed 13-Apr-22 17:46:08

So glad it is not as bad as feared. But a mess, nevertheless.

Oopsadaisy1 Sun 10-Apr-22 17:21:46

Just a quick update, the person who told MissOops that she had been seriously overpaid is no longer with the department that told her. The person who conducted her first interview to establish her benefits has also moved on.
She has been overpaid on the bedroom allowance for 2 years, the amount of the overpayment is £3k, bad enough but not as bad as we thought.
As she has kept all of the copies of the forms that she filled in 2 years ago, which clearly states the property details she was in at the time, she is going to appeal, just out of principal as she knows that she will have to pay the money back, in fact they will deduct it from her payments.
It could have been worse! Thanks for all the helpful comments. But as a quickie, after an initial interview with the Benefits office, all forms to be filled in and all communications are now online in a ‘Journal’ no telephone calls and definitely no face to face any more, no emails either, all done via the phone/internet. That’s progress for ya!

Oopsadaisy1 Fri 14-Jan-22 20:06:04

Thanks rafichagran TBH I don’t know exactly what she is on, it all sounds complicated.

rafichagran Fri 14-Jan-22 19:25:36

Oops thanks for clarifying that. She is on UC so it makes sense now. I was wondering if she was on a legacy based benefit. I hope it is resolved quickly and your daughter agrees a affordable amount to pay back. I wish your daughter all the best.

Oopsadaisy1 Fri 14-Jan-22 18:53:18

rafichagran no emails, telephone and journal, which is something on her phone, I didn’t have my glasses on so I don’t know what was said.
It’s a waiting game at the moment , they said the letter would be sent out today.

BlueBelle Fri 14-Jan-22 18:50:39

I m still not sure this is genuine call the CAB let them find out for you

rafichagran Fri 14-Jan-22 18:47:55

I dont know if OP daughter is on UC, for the amount, it is not contributory JSA, but the rules as far as I am aware for legacy customers are different if they are income related.

Serendipity22 Fri 14-Jan-22 18:45:33

I have no experience of this but i just wanted to say to you that I so hope that all this nightmare is soon sorted out for your daughter.

Pammie1 Fri 14-Jan-22 18:32:13

rafichagran

I think this is a scam, DWP would never give her details to a debt collector, they do have a overpayments department though. Also they would need to find out if it is official error. She would also have a acknowledgement if she filled in forms were her change of circumstances.

Yes they do pass on debts to collection agencies after they have exhausted all other options for repayment - but they will warn claimants that it’s an option. Regardless of whether it’s official error, it would still have to be paid back.

Pammie1 Fri 14-Jan-22 18:19:53

Oopsadaisy1

Calistemon my thought exactly, let’s hope the fault is at their end.
Maybe it’s all a mistake and she doesn’t owe anything……….I say hopefully.
We will be asking for proof of the error.

Sadly it doesn’t matter whether it’s their fault or not, she will still have to pay it back. And DWP can and do pass on debts to collection agencies, but only where a claimant has failed to contact them to make suitable repayment arrangements. DWP must give you a breakdown of the debt and how it has accrued. They may contact you by letter, but since Covid they are doing a lot of contact by phone. My advice is to contact them as soon as possible and ask for a breakdown of the debt and a repayment plan. DWP can go back quite a long time historically and in some cases even when benefit has ceased to be paid, so it really doesn’t sound like a scam, but to be sure, go to gov.uk and get the relevant phone number from the listings there to be sure you’re talking to the right people, and have your NI number to hand when you ring.

ElaineI Fri 14-Jan-22 18:16:57

It does sound a bit strange and £10,000 + is a lot of benefits to be paid back. And is that right? She must get a lot of benefits. Definitely check the phone number on the website. Even a letter can be a scam.

rafichagran Fri 14-Jan-22 18:05:29

Please also check the DWP number and call them and speak to someone. If she calls the number given it could be the scammers.
You are saying about emails, is it emails or is she communicating via her journal if she us on UC.

rafichagran Fri 14-Jan-22 17:59:47

I think this is a scam, DWP would never give her details to a debt collector, they do have a overpayments department though. Also they would need to find out if it is official error. She would also have a acknowledgement if she filled in forms were her change of circumstances.

Chewbacca Fri 14-Jan-22 17:56:24

This is a website specifically advising on benefits overpayments Oops

www.turn2us.org.uk/Benefit-guides/Benefits-Overpayment/Will-I-have-to-repay-the-overpayment

What if I did not misrepresent or fail to disclose?
If the benefits office decides that the overpayment was not caused by your misrepresentation or failure to disclose, the overpayment will not be recoverable and you cannot be made to repay it.
^No civil penalty can be imposed if the overpayment is not recoverable.

However, even if an overpayment is not recoverable, the benefits office may ask in their letter whether you want to pay it back anyway. If this happens, seek advice from a benefits adviser. You can use our Find an Adviser tool to find a local one.