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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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hi there, my name is XXXXX XXXXX

Customer Question

hi there, my name is XXXXX XXXXX I have an issue with DWP. is was taken to court 3 years ago because they said I wasn't living as a lone parent being on income support but this was proved wrong and I was equited from court. so in my eyes the money I received for income support was an entitlement to me. but they are sayin I have been overpayed by 4145.53 for this period of time. I have appealed over and over again from day ONE for this and now they have passed this debt on to a company called AKINIKA. I just don't understand why they have come to this decision for this so called overpayment. this has stressed me out so much and it doesn't help that I suffer with depression already. please help.

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you appeal the decision to a Tribunal please?

JACUSTOMER-1h9c5st6- :

yes

Alex Watts :

And did the Tribunal find for or against you?

JACUSTOMER-1h9c5st6- :

I think against as they've continued asking for the money

Alex Watts :

Did you not attend any Tribunal hearing?

JACUSTOMER-1h9c5st6- :

no, I wasn't asked to.

Alex Watts :

You would have been notified of a hearing date though, right?

JACUSTOMER-1h9c5st6- :

yes

Alex Watts : But you didn't attend? Did you not get the appeal decision notice?
JACUSTOMER-1h9c5st6- :

yes and I wrote back to appeal again

JACUSTOMER-1h9c5st6- :

if I was to pay this money back it would be like saying I was guilty and I am definitely not.

JACUSTOMER-1h9c5st6- :

they did not pay me any other monies on top of what I was entitled to. if they did not pay me anything in this period of time then me and my kids would of possibly been homeless. so where is the overpayment..

Alex Watts : The problem you have is they you did not attend.
Alex Watts : You should have attended then you would know what the outcome is.
Alex Watts : In any event the tribunal letter should set out why they found sa
Alex Watts : against you.
Alex Watts : You can only appeal if there had been an error in law, an error in proceduere or the decision was one which no reasonable tribunal could have made.
Alex Watts : But you did not attend.
Alex Watts : I assume you only wrote to appeal and that is not enough, you need proper legsl grounds.
Alex Watts : However until the decision is overturned you do owe the money.
Alex Watts : I would suggest seeing someone from citizens advice as they can help see where you are and lodge a further appeal for you.
Alex Watts : But until the decision is overturned then you do owe the overpayment.
Alex Watts : I know this is not the answer you want and certainly not the one I want to give but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-1h9c5st6- :

well to be honest you haven't told me anything I don't already know. And I actually thought you were part of the C.A.B, I wondered why I had been charged for this. can I have my money back please?

Alex Watts : No, t
Alex Watts : this site is not part of the CAB
Alex Watts : Nowhere is it advertised that it is, we are lawyers who are asked legal questions.
Alex Watts : But your legal answer is unless the decision as been overturned then you are liable.
Alex Watts : You should have attended any appeal and lodged paperwork for a further appeal on the points I have raised.
Alex Watts : If you wish a refund might I invite you to contact customer services?
JACUSTOMER-1h9c5st6- :

Thank you for your time anyway.

Alex Watts : No problem - all the best.

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