ESA overpayment

not sure what can be done, but here goes

client claimed IRESA 2016. In 2019 he cashed in about 5k lump off pension, and started to get about 20 quid a week from said pension

DWP are wanting the 5K plus all those twenties as an overpayment due to failure to disclose

Thought the 5K was capital, not income but unfortunately regs allow for 5k to be treated as notional income. 

client adamant he rang them in 2019 but cant prove it. DWP state no reporting

very much a he said/she said scenario

client furious and wants to appeal, but no evidence as his 2019 phone packed in and new one obviously has no call history.

any ideas guys and gals?
thanks

He’s done a formal subject access request to the DWP for call logs I take it? Not just rang up and asked a random call handler. Other thought is has he done the same thing to his phone provider? His handset might have packed in but presumably the provider of his phone service could still have the call logs from back then. Make a subject access request for call history from the relevant period to his phone company and see if they’ve got anything.