Debt from DWP from 13 years ago - Help plz

[moshman]

Hi can anyone help please,

 

Last week i recieved a letter from the DWP claiming back a sum of money £339.07 and to pay up by the 4th aug 2009.

Not having a clue what the debt was for i rang them up, having spoke to a lady on the phone she agreed to send an income and expenditure form out asap which i still havent recieved yet, suprise suprise, i rang them up again with in 10 mins and asked the next advisor to break it down for me and let me know when it was from. He was very helpful in letting me know that it was back in 1996 that i had an overpayment of income support from 03/06/1996 to 08/10/1996.

 

He then proceeded to tell me of another debt of £1018.00 that was owed from roughly the same period of time. again i asked if he could break it down for me and let me know what that was for and could he send me any correspondance relating to it. he told me that he would look into it and send them in the post if at all possible.

I now have recieved some correspondance, a letter from the adjudicating officer stating that he thought an overpayment was made but thats it and a letter saying that i now owe them £1371.25 in total.

Is it legal to claim back money from a debt which is well over 6 years old with no contact exept for these few letters i have recieved.

i'd appriaciate someones advise please

[postggj]

Hi Moshman

 

I Would Think They Are On Very Dodgy Ground And Have No Chance

 

Tax Is Different As There Is No Statute Of Limitations On Tax

 

Wait For More Replies As Unsure

[cerberusalert]

It is Statute Barred in as far as they cannot take any legal action against you. However they have a partial exemption in as far as they can deduct the monies from any future benefit payments. Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[moshman]

Thanks will do

[cerberusalert]

Hi Moshman

 

I Would Think They Are On Very Dodgy Ground And Have No Chance

 

Tax Is Different As There Is No Statute Of Limitations On Tax

 

Wait For More Replies As Unsure

 

It's not tax it's DWP.

[moshman]

Thanks for your advice and letter i will post out first thing in the morning:D

[Guest alderney1965dk]

Hi

 

As the debt is possibly from a benefit such as Income Support, Credit Support Loan or Unemployment benefit then as soon as you go back recieving benefits or pension the DWP can and will deduct an amount from your fortnightly benefit payment until it is cleared.

 

You can ask for a copy of all paperwork in relation to this benefit over-payment and it will not cost you anything. The DWP do and I must stress DO keep records and they are held at a airport hanger owned by the Goverment.

 

You have a right to see these documents. If the debt has been more than 6 years with no correspondence then do not worry about court summons or bailiffs etc, as the debt is classed as statute barred in regards to that issue, however due to a loophole in the limitations act then they can deduct from your benefit, but not from a salary.

 

Hope that helps