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Thread: Under payment versus overpayment

  1. #1
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    Under payment versus overpayment

    I recently won an appeal regarding an ATOS decision that I was fit for work.

    The benefits office sent me a letter saying for the period of time I was appealing they had underpaid me and as a result owed me £1150.

    Then they sent me a letter saying I had an outstanding over payment and they were recovering it from the monies they said they owed me (£1150).

    I have indeed been paying back an over payment at £20 a week, even while my appeal was ongoing, but it does not seem right that they can just take all that money which I was lawfully entitled to at one time, I really struggled while my appeal was ongoing and relied heavily on friends and family financially.

    They said in the letter that "they are taking the money" and "they do not have to ask me"

    Has anyone heard of another case like this from which I can draw some advice?
    I mainly want to know if it's even worth contesting this, or if indeed it is lawful for them to take such action.

    Thank you for taking the time to read.

  2. #2
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    I owed them £1200, I suppose it's £50 now.

  3. #3
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    Agree with DW.
    What's the difference, nothing lost or gained, you'll be £20 pw better off.

  4. #4
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    I don't really care who agrees with who, I was looking for information, not opinions.
    But for your benefit, the difference is, I'd like to have seen a lump sum, so I could pay back the people who have helped and supported me.

    I appreciate your feedback nonetheless.

  5. #5
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    Quote Originally Posted by TEDSON View Post
    I don't really care who agrees with who, I was looking for information, not opinions.
    But for your benefit, the difference is, I'd like to have seen a lump sum, so I could pay back the people who have helped and supported me.

    I appreciate your feedback nonetheless.
    You've been given the right information, you cannot contest the decision.

    And for your benefit I don't appreciate attitude

  6. #6
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    It was not my intent to project an attitude, I apologize if I did.
    I understand that I can repay my friends and family in dribs and drabs, I'm very lucky I have them.
    But I'd have liked to have paid them in full, instead of the DWP, who through no fault of my own overpaid me for almost a year.

    davewhit, I wonder, could you explain from where you drew that information about the DWP being lawful to do what they did without recourse?

    I realize not everyone is a legal professional here, and that's not what I'm after, I'm perfectly happy with personal experience, and I appreciate people giving their time on forums like this.

  7. #7
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    Thank you for that, I'm not the best at finding information like that, your time is appreciated.

    I'm not yet ready though to accept the proverbial answer of It's tough cookies.

    Is it possible to appeal this decision they made I wonder, I was advised to appeal the amount of money they were taking per week in the first place £20 per week did seem a little much, but I ignored that, just wanting it paid back as soon as possible.
    However things have changed now, and I will be seeking advice from a professional as soon as my condition allows.

    Thank you once again for your time and patience.

    --edit--

    The way I'm seeing it is this, had the unethical IT company the DWP tasked to assess my condition had been fair and truthful about it, and I was getting the full amount the law entitled me to during the time I was not, I would still have been only paying them £20 per week, and the re-payment would have continued on the path they set out to to begin with.

    I suppose it's more frustration than anything.
    Last edited by TEDSON; 22-07-13 at 10:04.

  8. #8
    Senior Member firebird's Avatar
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    If you have to pay for your 0845 numbers check with saynoto0870 web site for an alternative. I have just looked at the number Dave has given and found this alternative 0161 904 1233, listed as debt management DWP.

  9. #9
    Senior Member acheron's Avatar
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    Hi Dave that was such a nice thing to do for the OP even if it didn't cost you so gold star for you today

  10. #10
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    davewhit, you have gone above and beyond what I ever expected to gain from posting here, I don't know what to say.
    Thank you.

    I will get someone to phone them for me as I cannot speak. A friend of mine is happy to act as me to avoid all the silly hassel of trying to explain why I cannot speak to them.

    Huge thanks and much respect.

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