Hi, my name is louie51! Can I claim back unlawful third party deductions?

louie51

Just an enquiry not sure if anyone will know. Where do claimants stand from a legal stand point following the High Court Ruling that Third Party Deductions are unlawful if no authority had been given by claimant.

Can I ask for all the money back??? 3 yrs at £18 a week for water.

I never give water company or DWP authority to attach third party deductions from my ESA.

As I said high court ruled the process unlawful.

Anyone know where I stand???

Albus_Scope

Hey there @louie51 and welcome to the community! How're you today?

I'm afraid I can't answer that question, but I'll move your post into a section where more people in the know may be able to offer advice.  But I'm guessing it'd be best to speak to someone with a bit more legal expertise?

poppy123456

I have no idea if you'll be able to claim any of that back because i can't find any information on whether this would be possible. https://www.gmlaw.org.uk/2022/10/11/timson-judicial-review-finds-dwp-deductions-from-benefits-unlawful/

louie51

Thanks all 

charlie79

Its a bit strange water being deducted from ESA payment. I would call your water company and ask why the deductions are made and ask to be sent confirmation of reason. Also call DWP and ask there end if they can shed light on this deduction and send you information through post.
Once you have this evidence then if is a third party unlawful deduction you have all evidence. 
What is the set up of your accommodation. For example are you in supported living, private or council. 
This may help understanding the set of all 3 areas so you can commence with your claim. x 

poppy123456

charlie79 said:

Its a bit strange water being deducted from ESA payment.

Water bill areas are one of the 3rd party deductions that can be taken from your benefits. See link. https://www.gov.uk/government/publications/how-to-request-deductions-from-benefit-a-guide-for-creditors/third-party-deductions-from-benefits-a-guide-for-water-suppliers

louie51

I'll explain again. I did owe the water company money 💰 a hell of a lot of money. They attempted all ways to get the payments but I refused to pay. They then asked DWP to apply third party deductions. That was ongoing at £18 a week for approx 3 yrs. Some of that payment was for ongoing usage some for debt.

Then recently a high court ruling decided that the process was unlawful if parties as I understand it hadn't been given permission by the claimant. It's a recent ruling I think July 2023

So to date following a phone call to third party deductions those payments have ceased.

Effectively my understanding is that the DWP needed permission from the claimant to put in place these deductions. I did not give my authority.

It wouldn't be in the claimants intrest to put in place deductions as the water 💦 company couldn't disconnect the supply legally.

So my question is if it was deemed unlawful should DWP pay me back all the money. The 3 yrs at £18 a week.

I need someone who has a legal education.. The high court case was Helen Timson v DWP.

If there's a legal eagle here who is able to advise Id appreciate your feedback.

poppy123456

I’m afraid we can’t give you legal advice because we are not experts. You will need to get expert advice from an agency near you for this.