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Getting a refund from debt management
I’ve a couple of cases now where overpayments that are partially recovered have been overturned.
One’s a while old and I’ve been waiting for a hearing of a linked appeal before chasing it; it’s an AT case… They’ve been waiting many months with no refund.
The other has been overturned today.
I’ve vied away from taking Debt Management face on so far as they’re almost impossible to deal with but now I need to take up the mantle.
So… how easy, or not, is it to secure a refund?
My client received MRN in December 2023, overturning overpayment decision. MRN decided that client has not after all been overpaid the benefit.
The original decision was dated 07.10.22 and since then, a sum of money was being deducted from client’s UC to repay that o/payment.
Since we have received that MRN we have been asking UC and Debt Mngmnt to repay the money which was skimmed off his UC. No luck. We complained. No luck. We complained to MP in February. Still no luck.
Not sure really what to do next.
Not sure really what to do next.
Their procedure in these cases is here and you could check that the procedures have been followed.
have UC sent the revised OP decision to DC Treforest?
Has Debt Manager been amended?
Has the UCOP form been completed?
Has it been sent to the finance team to action a Faster payment?
If not lawyer up. If we’re going to do anything about this we’ll need to evidence the extent of the problem.
DWP have got 3 weeks or so to pay my client back; their guidance says two weeks max once the revised decision’s been passed to debt management , after that; assuming I can evidence the extent of the problem, I hope to be preparing the proverbial kitchen sink…
Wow, this is a treasure of information, thanks Dan, much appreciated.
I will definitely use it.
But as for “lawyer up” - lovely idea but where are the lawyers :(
But as for “lawyer up” - lovely idea but where are the lawyers :(
It might be worth a word with Lawstop, they’re close and have recently acquired the services of a rather brilliant Public Law practitioner
Or Harrow Law Centre are your closest with a PL contract. Hillingdon LC doesn’t have a Public Law contract.
If we progress matters here I’ll be happy to share notes. I suspect, once a credible LBA is received the money will magically crystallise.
Good plan, I will catch up with my client and keep you in a loop if we decide to progress to LBA.
Faced with this kind of problem, has anyone ever sued for the money in the county court? The County Courts Act 1984 s16 says:
“Money recoverable by statute.
[F3The county court] shall have jurisdiction to hear and determine an action for the recovery of a sum recoverable by virtue of any enactment for the time being in force, if—
(a)it is not provided by that or any other enactment that such sums shall only be recoverable in the High Court or shall only be recoverable summarily;”
The small claims track in the county court has no costs provisions and is supposedly designed so a lawyer is not needed. If you can quantify exactly how much is owing it can be online and a very quick process too.