Hello, I will keep it short. Have read the various threads and found them very useful. Out of the blue last week DWP

Wrote to me requesting payment of £3109.00. £1,100 from 2002 and the balance for 2009. 2002, I can vaguely remember what happened in 2002, both JSA matters. 2002, had interview under caution no charges and no Court. I am sure they sold the debt to someone them gave it back then sold it again and since 2002 I have heard from them no more than twice, have no paperwork at all from then to remember anything else. 2009 debt, JSA matter, went to Court got convicted of benefit fraud, no order was made for me to pay. Started paying, lost job, they would take money from benefit, get job never heard from them again and I am in work out of work on JSA regularly but they never took any money from my JSA for years never heard from them. I am now working. Before anyone judges me re my conviction 6 years ago. I write to JSA and declared a change of circumstances for work of less than 16hrs, they told me I was still entitled to JSA so I kept claiming it...::: I ended up in Court and although hey kind of acknowledged their error I got convicted as technically it's fraud.

Please could you give me advice how to reply to both th above. They have clumped the 2 debts together from 2002 and 2009. Are both now statute barred!!!!! Can they as they say contact my employer and take deductions. I really don't want that, can they take me to court or send bailiffs?? I understand there is some new rule form last year rhat that they can do an attachment to my earrings but I didn't think that was on debts that are old?? Please advise and let me know how to respond to their letter. Thank you.

Sadly, Benefit overpayment are Crown Debt.

Crown debt NEVER goes statute barred.

dwp debts especially are never statute barred,whoever told you this 6 years thing is totally wrong,i know people who had debts with dwp in the early 1990s who are still paying back from their benefits

Thanks for the response. Can you answer any other of my points raised. I know they are never ever statue barred but there are limitions after 6 years as to how they can pursue the debt. Do you know the full up to date Rules?

The DWP can now recover, via a Direct Earnings Attachment, benefits that have been overpaid and there is no time limit. The legislation that allows this is contained in the Social Security (Overpayment and Recovery) Regulations 2013, as provided for by the Welfare Reform Act 2012.

It's not quite correct to say that DWP debt does not become statute barred, but for the most part this may as well be the case. While the DWP cannot take action through the courts in respect of SB debt (so no bailliffs probably, but see below), they can attach earnings or future benefits (including the State Retirement Pension) at any point in the future.

Note also that since there has been a fraud case, regular rules regarding SB debt may not apply. I wouldn't want to say for sure, because I genuinely do not know, but I seem to recall that such overpayments may be treated differently in terms of how they can be recovered.

Thank you so much for your helpful thread and you are correct re the statute barred. They cannot ehforce ballifs or courts re the 2002. I don't think they can do attachments to earnings because the debt is over 6 years. I think this new rule attachment to earnings only relates to debt that is UNDER 6 YEARS OLD. I am trying to seek double clarification on that point. Re the fraud case in 2009 again, yes I think different rules apply IF DWP made an enforcement order to pay in the courts at trial date. No such order to pay was made and I think there are still limitations regarding collecting the debt past years. I need two points clarifying the attachment to earrings after 6 years I don't think they came (only under 6 years) and the rules re the 2009 fraud case even though now order to pay was made at the time of the trial. It's funny because the judge asked them twice if they wanted to do an order to pay and DWP said no!!!! They really did cause this case to happen and did admit to their error but I was then charged. How very strange. Thanks for trying to help and I am hoping someone with detailed knowledge of my two points can help. It is very hard trying to get through to the CAB and Law Centres they are so busy.

Sorry, perhaps I wasn't clear. Because the DWP can apply a DEA without having to go to court, the Limitations Act does not apply (it only restricts recovery actions taken through courts). There is, therefore, no time limit and the DWP can collect a debt by this means regardless of how long ago it was incurred.

For clarification you can read the whole Act here http://www.legislation.gov.uk/uksi/2013/384/made