A client left college a few years ago and applied for a social fund loan, which was successful. Then she found work and paid the loan back except for 94 pence, because she did not know the exact amount she owed. She got a letter from the DWP demanding payment of the 94 pence owing, which she duly paid and obtained a reciept.
She has now had several letters from the Debt recovery section demanding payment of the 94 pence, asking for a weekly proposal or they will take court action.
Phoned them last friday to sot it out, was told not to worry as the matter had resolved itself.
Low and behold, another letter demanding payment or court action.

I am now writing to them to tell them they are not getting another penny and to issue proceedings in the county court, if they dare.

Bring it on!!

There's another debt management thread on here somewhere that you should look at.

If you think your client's got problems go to this!!!

i phoned them 3 times today, to get the 'please ring back later' message. i want to know why they are threatening our client with court action, when the local appeals section have been trying to get the overpayment documents from them since last September, and can't write the appeal submission til they get them. i've been writing to them since last July about suspending the recovery action pending appeal...

jj,

Try writing a submission to The Appeals Service on the facts that you are aware of and the reasons you wish to challenge the overpayment decision and ask your Regional Chair to list the case.

If you get an appeal date and the sec of state rep doesn't turn up (as usual), you should stand a good chance of winning your case, because the 'Tribunal will have no other evidence to consider, other than your client's evidence and the decision notice.

i might try that - client would really like to resolve this matter which has been hanging over her for a couple of years. we had a couple of letters from debt management apologizing for not being able to respond due to some overhauling of their computer system, then they didn't seem to believe that there was an appeal after the overpayment was revised.

we've hung on because if the appeals section ever get to see the o/p papers, we think there's a chance it might get revised further...but the if is getting iffier... : )

jj,

There's also something nagging at the back oof my mind that unecessary delays in judicial process can be in breach of the Human Rights Act.
Might be worth writing to the Department for Work and Pensions Solicitors Office at

New Court
48 Carey Street
London
WC2A 2LS

Tell them what has been happening and tell them you might consider bringing in the point about a breach of the Human Rights Act due to the delay.

Might shake a few coconuts out of the tree

Steve H