I have a client who was on IB and then started work in 1995. He handed in his payment book and DWP sent him a giro to pay him up on his award. He says the DWP sent him a bill in 1996 saying he was overpaid for the period 3.9.95 - 21.6.96. He says he appealled and the appeal was won the overpayment was quashed.
In june 2006 client received a bill for the overpayment again. The cleint has destroyed all his paperwork after 7 years and the DWP dont have any of the appeal paperwork either. Just the original ORG7 notifying of the O/P and a notebook entry saying appeal was won by them. They say he continued to receive IB up until 6.96 and when the IB was stopped and a giro sent they were unaware he had been working since 9.95. DWP say all payment records are no longer available.
Cleint has started to repay again as he is frightened of court action. Any ideas of where client stands on this one? or what action i can take?

We had one similar but luckily still had the paperwork (just) and could prove that the tribunal decision had gone in the clients favour.

This is all happening because of the terrible mess that was and still to some extent is the DWP debt centres.

I would strongly dispute the recovery of the overpayment and would deal only with the customer services manager for the debt centre involved.

I know this is a long shot but have you contacted the appeals service to see if they have any record at all for the appeal? It's got to be worth a try.

Good luck with this and please let us know how you get on.

Regards

Nicky

Thanks for your comments. Have tried the appeals service but they dont have any receords either. Will keep trying though and let you know the result.

In terms of persuasion, if the evidence on one side is a 'note' and on the other a party, prepared to go on oath, then I would have backed your client.