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DWP, Overpayments, Mental Health

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  • DWP, Overpayments, Mental Health

    Hello guys,

    I have lurked on this forum in the past and I apologise that my first post here is asking for advice.

    In the early 00's I suffered from very bad postnatal depression that got worse through lack of treatment. It is written in my NHS records just how bad it got. Luckily all that is over and I am fine now.

    A month ago I received a letter from the DWP stating that I owed them money from that period for social loans, and also because I had had employment.

    I honestly have very little recollection of this period of my life and asked them to send me information.

    It turns out that I twice worked for a period of a month or less each time. As I have no memory of this I can only assume I got sacked as I was not capable.

    I also have no memory of asking for social loans, and feel it was irresponsible of them to let a young person build up such a debt with them.

    The DWP are asking for just under £2,500 and I cannot afford this and also feel it is unfair to come after me more than a decade later over a period I can honestly not remember. If they had contacted me a few years ago my financial situation would have been different but at the moment I am on maternity leave and have two children under 15 months.

    As I can show I was mentally unsound at the time, am I still liable?

    Please don't think I am trying to get "away" with anything. I work full-time, I do not claim working tax credits or child tax credits and I really feel like that part of my life is related to another person, does that make sense?

    Part of me is also concerned that I might have been tricked into getting loans and giving the money to someone else as I was a very vulnerable young person at that time.

    EDIT: I should also point out that even though it was more than six years ago, the person on the phone told me that they could take it from my wages, take me to court etc,.. which I later found out was a lie. I had tried to set up an affordable direct debt with him and he said he would accept no less than £150 a month. The form they sent me asked for proof of all my bills, etc, which I feel is a gross invasion of privacy. Perhaps that is normal and I am reacting badly to it all, I just have never been in this position before.

    I also find it very upsetting to have that period of my life brought up again.
    Last edited by EmmaHere; 16th February 2013, 00:53:AM.
    Tags: None

  • #2
    Re: DWP, Overpayments, Mental Health

    My understanding is that they will only take this from you if you start claiming benefits. You will then have to argue the toss over what is an affordable payment.

    Have you asked them for written proof of the overpayment?

    Comment


    • #3
      Re: DWP, Overpayments, Mental Health

      You're not alone in this Emma,,DWP are raking up stuff from the last 30 years...Do as Labman suggests and ask for proof because,in my case,they made a mistake (said I got WTC in 2005 which I didn't).

      Comment


      • #4
        Re: DWP, Overpayments, Mental Health

        There's another thread about a similar situation, where the DWP are trying to recover 17 year old social fund loans. --> http://www.legalbeagles.info/forums/...815#post317815

        As stated on that thread, benefit overpayments and loans become statute barred after 6 years like all other debts, which means they cannot be recovered through the courts, however, such debts can still be recovered from future benefit claims. If you are not claiming any benefits at the moment, they'd struggle to get anything out of you.

        With regards to allowing a young person to build up debt with them, loans from the social fund are intended to help people who are in a difficult situation and help them buy essentials they could otherwise not afford, you will normally have to be in receipt of benefits and have little or no savings to qualify for such loans so it can't be said to be irresponsible to offer them to those who qualify.

        You say you have no recollection of the loans, in which case you should ask the DWP for written proof that they do exist. It would be best not to discuss this over the phone at all, get it all in writing. I could also write to you saying you owe me money and give you a number to ring me so I can ask you to set up a DD for £150/month, anyone could do that! Get them to prove you got the loans in the first place.

        Comment


        • #5
          Re: DWP, Overpayments, Mental Health

          Thank you for all your suggestions and advice.

          I would also like to thank you all for not judging me in your replies.

          Comment


          • #6
            Re: DWP, Overpayments, Mental Health

            Originally posted by EmmaHere View Post
            Thank you for all your suggestions and advice.

            I would also like to thank you all for not judging me in your replies.
            Emma...Noone walks in your shoes hun,so noone can judge you,,it is what it is,you asked for advice and I hope you have received advice that can help you.
            Definitely ring them,,it won't be nearly as bad as you worrying about it is making you feel.
            Oh,,and if you are entitled to tax credits etc,,make sure you claim them...it's your right.

            Comment


            • #7
              Re: DWP, Overpayments, Mental Health

              Originally posted by EmmaHere View Post
              Thank you for all your suggestions and advice.

              I would also like to thank you all for not judging me in your replies.
              No reason why we should judge you, if anyone asks for money you have the right to find out what it's all about. The DWP are not known for being the best record keepers in the world and even if you had the loans, they've had 10 years to approach you. The Capitalist Moron (CaMoron) in charge wants to squeeze the life out of the benefits system and the people who rely on it, :rant: :rant: which is why the DWP are suddenly digging up debts over 10 years old, even when they are SBd and can't take you to court or make you pay in any way other than deductions from benefits claimed.

              Comment


              • #8
                Re: DWP, Overpayments, Mental Health

                Actually,,I'm going to correct myself..PUT IT IN WRITING (as per FP's advice)..create a paper trail and I know it's easy for me to say but don't let it take over every waking thought,,they can't get blood from a stone can they?

                Comment

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