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Basically when my nan died last year the dwp wrote to my mum and said they had been paying the wrong amount to my nan all these years and sent the amount underpaid to her. 800 quid. We got a letter last week again from dwp now saying she was overpaid. Another letter will be coming soon breaking down how much they believe they overpaid her but I'm seriously thinking of arguing this one. It was them who contacted us stating she was underpaid. We used her money for funeral costs, clearing the balance due at the care home. Now they decide they were wrong they can jog on as far as I care. What's your thoughts?
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I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
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Re: DWP claiming over payment of late nans pension
They won't be able to reclaim the money paid for funeral costs and if there is no executor or a grant of administration has not been applied for then they won't be able to claim the money paid for care fees. ILegal Disclaimer
I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.
If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. -
Re: DWP claiming over payment of late nans pension
Joanna obviously knows best and I suspect once you tell them there is no money on the estate they will leave you alone. The law says that the first things to be paid for is the funeral. If they don'y get your MP involved, make them earn their salaryComment
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Re: DWP claiming over payment of late nans pension
Thanx guys. No further letter as yet but will keep you updatedI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: DWP claiming over payment of late nans pension
Just an update, its been 3 months since the last letter and have heard nothing since, perhaps it was in error? i dont know, i know government bodies can take weeks to sort out their mess, but 3 months? unlikely, might be putting the mockers on it by mentioning it again now but so far, it seems, they have not bothered to write again.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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