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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience:  Over 5 years in practice
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I have a long standing issues, I have been making regular payment to dwp, payment

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I have a long standing issues, I have been making regular payment to dwp, for over payment, but I can not afford to lot as my budget is very strict , dwp keep askin me for mony, I also have debt and mortgage to pay. I will need to take advise from a lawery.
Not sure if you can help
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How much are you paying?
Customer: replied 1 year ago.
My budget allows me 50 pounds, and now they want increase on this payment, also I ill health to and I am disable, i'm not on any other benefit, so I have to pay for every thing and al the bills, I am divorcee and leave a lone I don't have other income beside my salary, I don't have money left over to buy food or live normal life , I have also I have been in prison for the punishment, I severed 18 months, this incident happen in 2001, it was difficult. As i was domestic violence and separated from ex husband at time, I had to look after my small children, it has been hard and rough ride to get back on my feet again, it was difficult to find a job, I was not able find employment for a very long time, from 2013 I have found steady employee hereafter I started paying what I can afford, and now DWP is threting say they will contact my employer for money to be deducted from salary. I will loose my job if the company find out and I will be in the same situation as before.
Customer: replied 1 year ago.
I was domestic violence home for 26 years and almost died, every one was involve , police etc, due to my abuse and mental condition I was not able to defend my case. I m not leaving in luxury or leaving good and high life
Expert:  Jo C. replied 1 year ago.
I am afraid that is no relevant to this case.
Is that £50 a week?
Customer: replied 1 year ago.
No, it's 50 pound month, I also have other debts to ie mortgage of £225000.00 and I'm making over payment as its on interest only , well as paying other debt off.
Customer: replied 1 year ago.
Please can you advise if there any thing can be done?, also I am 62 year's of age and with my health, not sure I'll be able to pay off. And my worry is that if they contact the employer I will loose the job due to crimnial record and I will not have money to pay.
Expert:  Jo C. replied 1 year ago.
They are not likely to accept that I'm afraid.
They will be looking for this to be paid off within a reasonable period of time and £50 a month will just plain not do that.
It is quite unlikely they would prosecute you now but they will seek an attachment to earnings and they will get it. There is no way around it.
This is Crown's debt so it takes priority over all of your other debts including your mortgage. I would stop over paying those debts and start repaying this otherwise they will seek and get an attachment to earnings for a sum that is ruinous give the size of the overpayment.
I wouldn't mention a history of domestic abuse during your negotiations. If you get the wrong person they will say you are trying to get special treatment by presenting yourself as a vicitm. I'm afraid that some women do that and it impacts upon everybody. Also, it has no real relevance to this situation.
If you offer a greater sum and prove that it is what you can afford rather than what you prefer to spend upon it when other debts are paid they will probably accept it.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thank you JO, I will detect the over payment for one of the mortgage and I will allocate that towards DWP payment. One more question what happens when I die? and if fall ill not able to work, as in fours time I will be retiring.
Customer: replied 1 year ago.
My situation become like this due to my ex husband, my children has suffered a lot, as they where the innocent party, as they show it all. I was given counsling in prison. I don't want my children to be burden with debt which my ex husband has caused.
Expert:  Jo C. replied 1 year ago.
This will probably be resolved if you make it your priority. They can't have money that isn't there. They probably suspect that they are not getting priority though.
Upon death, your creditors could claim against your estate but they can't transfer debt to anybody else.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
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