Overpayment of ESA

[Never-In-Doubt]

Re: Overpayment of ESA

Hi Timd

Just had an email from you saying you didn't think you had an account with AAD - this update is purely to highlight your threads existence.

[Maggie]

Re: Overpayment of ESA

A quick update. We rang the tribunal Service on Monday morning and explained the situation. We were told only the judge can agree this therefore we have put it in writing and are waiting a response.

[Maggie]

Re: Overpayment of ESA

I know very little but something in the back of my mind says you can ask to move the tribunial back in order to receive the papers you need to outline your defence. dont take my word for it though, double check it with someone.

Hi SXGuy

Thanks for responding We hope you are correct in your thinking, we too wondered about this. Of course it is now the weekend so will have to wait till Monday before we can ring the tribunal service. You would like to think that in all fairness we ought to have the paperwork requested otherwise how are we expected to receive a fair hearing?

fingers crossed eh?

[SXGuy]

Re: Overpayment of ESA

I know very little but something in the back of my mind says you can ask to move the tribunial back in order to receive the papers you need to outline your defence. dont take my word for it though, double check it with someone.

[Maggie]

Re: Overpayment of ESA

Hi TimD

Well if you find anyone who can unravel this problem then pass it on or me please! It is a farce to say the least with them holding all the cards.

Well we met up with Michelle from Fightback today in Manchester, it was really useful and for the first time in ages we felt somewhat uplifted. She is very knowledgable regarding welfare law and she advised us regarding our next steps. We had been told by the tribunal service two weeks ago that would hear in 13-17 weeks regarding a date for the hearing so plenty time to get all the SAR requests back......yeah right! Arrived home tonight to find a letter from the tribunal service to say the hearing is on 21 Feb!! That gives us no time at all to formulate and appeal, bearing in mind we have still not received all of our SAR requests. What are they playing at? Can't do anything until Monday now and then. Im not sure if there is anything we can do.

Im so tired and drained from it all and so is my husband.

[Timd]

Re: Overpayment of ESA

Well 4 days on and the farce continues, a 5 page letter arrives saying from last September I am entitled to £72.38 and from 11th April 2014 £74.03 a week, there is a page with all the calculations which then says at the bottom, you are not entitled to income related ESA because your income is more than the Government says you need to live on, yeah right, then it says there are payment arrears from when I suspended it, d'uh, and then it mentions a possible overpayment and they are checking whether any recovery must be made, and if I haven't heard after 5 days to contact them, no doubt another merry go round in decreasing circles like last time.

Is there anyone I could see that has the ability to unravel a problem like this and deal with this bunch of half wits that are the JobcentrePlus ?, I am just baffled by the whole thing quite honestly.

[Maggie]

Re: Overpayment of ESA

Well having heard nothing since my recalculation letter of 24th October saying i receive nothing from 13th October and taking about half what I received last year I heard nothing then got two tax codes through the post today.

Rang HMRC they say I get ESA, I say not since 13th October, so they change my tax code and say I need a P45 from Jobcentre Plus.

Rang Jobcentre Plus, asked re P45 after reading my notes they said I needed to supply my pension details, I said I was called in and supplied those and ESA stopped on 11th October. Then said the claim was suspended I said yes I asked for it to be because I didn't want anymore overpayments. Then said there was an overpayment and needed to speak to Debt Management who would sort everything out, including the P45's.

Rang Debt management they said there was nothing on screen for me therefore there was nothing they could do, asked about the P45 etc nothing to do with them and I should ring the Jobcentre Plus, said I just rang them they told me to call you, again told nothing we can do you are not on the system.

So in short I do not know what to do, I receive nothing now other than my pension which pays our modest mortgage but not much else, I am too frightened to claim anything else, I can only assume because I asked for it to be suspended it has thrown everything into confusion, but have a sneaky suspicion I will get a letter in a few weeks now from debt management, I really do not know what to do, I just want it to go away once and for all.

Hi There TimD

Well it would appear that as previously stated, you are indeed a mirror to our situation! Exactly what happened to us, debt management had nothing on their screen so couldn't help yet JCP had in their letter to us told us to contact them. We are still awaiting further SARS that they have omitted to include in the first bundle. The phone call transcripts or recordings and the compliance officers report. We have received their submissions for the court of appeal which really doesn't say much. They do however accept that is was not a deliberate error on our part....cheeky blighters.

we are driving up to Manchester later this week to see Michelle from Fightback.

I'm so sorry to hear of your present circumstance re the tremors in your leg I really do hope it is maybe stress related but no doubt you will be anxious about this. These people really do have a lot to answer for, I wonder if they ever stop to think about the damage they inflict? I suspect not.

Your SAR request, I believe they have to respond to this request within 40 days, I'm sure Pompeyfaith will confirm this. Have you contacted your MP? Been to CAB! I know it is such hard work when all you want to do is curl up into a ball until it all goes away, but you must stand up to them, you deserve better treatment.

I hope they rang you today as promised? I won't hold my breath though.

My best wishes to you TimD, let me know how you get on

Maggie

[Timd]

Re: Overpayment of ESA

Now told to contact the Compliance Officer I saw first of all, so a big circle is now complete, Though the message they left after asking them not to call between 3 and 4 didn't leave any contact details, and almost predictabally they rang at 3.10pm

[Timd]

Re: Overpayment of ESA

Well after agonising on it I rang Jobcentre Plus back and asked who i could contact further up the chain so to speak, so went through it all again and someone is supposed to be calling me back today, I got the impression from the voice of whoever I was talking to they were bluffing and struggling for things to say of any substance, and trying to hide their mess up, having done this I feel a little easier , but I noted some tremors in my left leg during the call.

I had a tumour on the right side of my brain and have been seizure free since the surgery, although I still take medication, this has been the first noticeable thing since my surgery, I am in the process of changing my seizure meds as the last attempt didn't go well due to side effects, so new ones are underway, and the last thing I need now would be a seizure because of all this. I will wait and see if someone calls, and see what they say and demand it all in writing and take it from there. I also mentioned to them the SAR request I posted in October and heard nothing whatsoever about

[Pixie]

Re: Overpayment of ESA

That's a ridiculous state of affairs Timd.

I'm not sure what to suggest except maybe get in touch with Welfare Rights.

[Timd]

Re: Overpayment of ESA

Well having heard nothing since my recalculation letter of 24th October saying i receive nothing from 13th October and taking about half what I received last year I heard nothing then got two tax codes through the post today.

Rang HMRC they say I get ESA, I say not since 13th October, so they change my tax code and say I need a P45 from Jobcentre Plus.

Rang Jobcentre Plus, asked re P45 after reading my notes they said I needed to supply my pension details, I said I was called in and supplied those and ESA stopped on 11th October. Then said the claim was suspended I said yes I asked for it to be because I didn't want anymore overpayments. Then said there was an overpayment and needed to speak to Debt Management who would sort everything out, including the P45's.

Rang Debt management they said there was nothing on screen for me therefore there was nothing they could do, asked about the P45 etc nothing to do with them and I should ring the Jobcentre Plus, said I just rang them they told me to call you, again told nothing we can do you are not on the system.

So in short I do not know what to do, I receive nothing now other than my pension which pays our modest mortgage but not much else, I am too frightened to claim anything else, I can only assume because I asked for it to be suspended it has thrown everything into confusion, but have a sneaky suspicion I will get a letter in a few weeks now from debt management, I really do not know what to do, I just want it to go away once and for all.

[Maggie]

Re: Overpayment of ESA

Wishing you luck at the appeal

Did you get in touch with Fightback?

Hi Pixie
Thanks for the good luck wishes
Yes, contacted Fightback but we live out of the area and they were so busy at the time and there wasn't much they could do in the early stages but we need the help now. Earlier today I PMd Michelle of Fightback asking her if she could assist in preparing a submission etc. We are willing to travel to her and pay any fees/ expenses etc. so waiting to hear back from her.
Fingers crossed she can help.

[Pixie]

Re: Overpayment of ESA

Wishing you luck at the appeal

Did you get in touch with Fightback?

[Maggie]

Re: Overpayment of ESA

Hi Folks

Well we have all the SAR paperwork though find it really difficult to comprehend, so many abbreviations with no explanation to what they mean. No copy of the compliance officers report which we specifically asked for as the officer was very understanding and fair. He even commented about the mess they are in

One thing got me riled and that was when we had pointed out that my husband pension is actually administered by DWP, they say "oh different dept we don't have access to any of their records" SAR paperwork however shows numerous phone calls between these two depts which have occurred since this error has come to light and we have pointed out that DWP administer pension. Funny how they can suddenly interact with this dept now when they couldn't before!

Yesterday received the reconsideration and they are not reversing it therefore it's going to appeal. Happy Xmas

[Pixie]

Re: Overpayment of ESA

Hi Timd. For an explanation of the ESA support group have a look at Benefits and Work