DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

by davidg4039 Fri Jan 18, 2019 9:08 am

Hi everyone

Had a letter before Xmas saying that I owed for a JSA overpayment from 2013 and they would deduct this from my state pension on the 3rd and 31st of January. I wrote back asking for details of the alleged overpayment and requested they did not take anything until we settled the disputed claim. Guess what? - they still went ahead and took the first payment and to date they have not had the decency to reply.

This follows on the heels of my wife having an attachment of earnings order for a crisis loan dating back to 2011. Neither of these debts were recollected nor had any previous correspondence been received. It did turn out that the crisis loan was correct but why had they not contacted us earlier when we were paying council tax and on the electoral role from 2011?

Any positive advice would be appreciated.

Regards

Carole and David

by **assassin** Fri Jan 18, 2019 6:41 pm

Keep full records of everything and choose your words carefully.

You now request a statement of reasons.
You now request a full statement of accounts.
You now request who made this desision and why they failed to deal with this dispute before deducting monies.

This is your private record of the parties as you may be taking them to court for theft and fraud in the near future and you need this documentation as proof of claim.

In most cases they fail to reply to these demands for information as in most cases they are fabricating reasons for collecting alleged debts when they don't actually exist, and if they do exist they fail to follow their own rules and just assume they are above the law.
Always print and sign this documentation before copying it as one of the technicalities they exploit is that it is unsigned and not a true copy of the original document, and they also ignore you in the hope that you will go away and ignore it, basically they play the numbers game.

In simple terms they are making a claim and not substantiating it and if you accept it they win as you are deemed to have accepted their claim "by action" and they win.

Keep records of everything.

Hours you work on it.
Mileage and car parking tickets.
Postage costs and include costs of paper, ink, envelopes, and any other costs you can think of.
They are causing you alarm and distress and this is Harassment and you can claim for this.

I dont mess about with them these days as I simply take them straight to court.

by davidg4039 Sun Jan 20, 2019 12:17 pm

Many thanks. I will let you know the outcome.

I also had a demand for Council Tax overpayment from 2011 and have been paying this off but in the same vein I really don't recall this so I will be doing the same with the Council. This all seems to have come about since the introduction of Universal Credit in my opinion.

Regards

David and Carole

by **daveiron** Sun Jan 20, 2019 12:56 pm

In addition to what assassin has advised, Send a Subject Access Data Request to each of these departments.
Go through all the paperwork .If the information you supplied to them is correct ,then any mistake is theirs not
yours and you are not liable for any repayment.
This is a widespread tactic they have been using,no doubt with great success as most folk just take their
word for it and just pay up.

by davidg4039 Sun Jan 20, 2019 5:32 pm

Thank you

by Ausk Wed Jan 30, 2019 8:18 am

Suggest you write and ask them for evidence of how they have arrived at that conclusion.

While I dont know anything about how the Brit system works, we have this problem in Aus too.

Frame your questions like this.

I require you to provide evidence of how this figure was arrived at?

I require you to list all clauses of the DWP Act (or whatever its called in the UK) that were applied to my case.

I require you to list all formulas that were used in the calculations the DWP applied to your assertions that I have been overpaid.

I require evidence that all calculations were manually checked and verified.

What section of what law did the DWP rely on for their authority to determine that I have received over payments

Etc.

What you want to do is make them provide proof of how did they arrive at the figure given in terms of those parts of the law that were applied to your case and and formulas and processes applied.

Ask as many as you can.

Research their appeal provisions

Also suggest you read up on 'assassins' posts regarding the DWP.

cheers

by **assassin** Thu Jan 31, 2019 1:45 am

In short they have committed theft as defined by the Theft Act 1968 as you have offered to resolve this matter and requested they do not take any monies and resolve this matter first, they have failed to do this and potentially this is a criminal offence of theft.

It is well known that the DWP have hired private companies to reclaim alleged overpayments and in every case I have looked at these are corrupt figures working solely upon incorrect assumptions.

by **assassin** Thu Jan 31, 2019 1:49 am

1Act wholly in force at 1.1.1969, see s. 35

(1)Definition of “theft”E+W1 Basic definition of theft.E+W
(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.
(2)It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.
(3)The five following sections of this Act shall have effect as regards the interpretation and operation of this section (and, except as otherwise provided by this Act, shall apply only for purposes of this section).

4“Property”.E+W

(1)“Property” includes money and all other property, real or personal, including things in action and other intangible property.

6 “With the intention of permanently depriving the other of it”.E+W

(1)A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

by davidg4039 Thu Jan 31, 2019 8:53 am

Well despite my letter as per your template the DWP totally ignored my request to stop deducting money and to supply information in support of their claim. I noticed something in another of your threads about Mailing Handling which is shown on their correspondence somewhere in Nuneaton.

What do you suggest should be my next step? Not a lot of point writing to mail handling address it would seem.

Regards

by **assassin** Thu Jan 31, 2019 3:17 pm

Yes there is, you send it recorded or registered and you get a receipt of posting, once it arrives with them it becomes their responsibility and their system or other failures are not your responsibility, it is theirs.

In addition you take a copy of the letter and hand it in at the Jobcentre and take a photograph on your phone as you go in and another as you come out as your phone stores details such as date, time, and other details, you then have proof of two copies of the letter being delivered, one to the mail handling centre and the other directly to the Jobcentre. Let they deny they have received them then as it shows they are ignoring them both.

by davidg4039 Thu Jan 31, 2019 6:27 pm

Will do and thank you so much.

by davidg4039 Mon Feb 04, 2019 2:50 pm

I sourced this SAR template on the net so thought I would share it with you guys. I am sending them out tomorrow.

I am writing to formally make a “Subject Access Request” for a copy of information that you hold about me to which I am entitled under the General Data Protection Regulation 2018.

You can identify my records using the following information:

Name

Address

Email:

Tel:

Please supply the data that I am entitled to under Data Protection law including:

• confirmation that you are processing my data

• a copy of my person data

• the purposes of your processing

• the categories of personal data concerned

• the recipients or categories of recipient you disclose my Personal Data to

(continued overleaf)…………….

• your retention period for storing my personal data, or where this is not possible, your criteria for determining how long you will store it

• confirmation of the existence of my right to request rectification, erasure or restriction or to object to such processing

• confirmation of my right to lodge a complaint to the ICO or another supervising authority

• information about the source of the data where it was not obtained directly from me

• the existence of any automated decision making (incl profiling) and;

• the safeguards you provide if you transfer my personal data to a third country or international organisation

I look forward to receiving your response to this request for data within one calendar month, per the General Data Protection Regulation. If you do not normally deal with these requests please pass this letter to your Data Protection Officer or relevant staff member

Yours Sincerely[/i]

by **daveiron** Mon Feb 04, 2019 3:10 pm

Thanks for that. I have copied it to the debt section as they are often asked for.

by Sponsored content

DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop

Re: DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop