Ablast from the past Family Credit Overpayment!!!

[tracybeaker]

Morning Folks, I wondered if there was anyone out there who could give me a little advice in relation to a problem my friend has brought to my attention....

 

Her mum yesterday received a letter from DWP stating that she owed nearly £2000.00 for an overpayment of Family Credit she claimed as a partnership back in 1987 !!!!

 

My questions are - can they enforce an overpayment this old? the system used then was surely paper based so how can they prove this??

 

What would you all suggest she does in relation to this matter as she remembers claiming this with her husband (the claim was in his name but the letter came addressed to her!) but apart from that has no real recollection of events from that time as too much time has elapsed for her to be exact about any details.

[honeybee13]

Hello Trish and welcome. If you have time to browse this forum, you'll see quite a few recent threads on very similar problems. HB

[tracybeaker]

Hi would it be possible for you to post links to those threads - very cheeky i know !!

 

I am at work myself at the moment and don't want to get into trouble for using the internet too much - but my friend has no access so I said I'd ask for her !

 

Would really appreiciate all help in the matter as from previous browsing there seems to be some great advice given on here.

 

many thanks

TB

[honeybee13]

Trish, if you go back out of this thread to the page where all the Benefits threads are listed and look towards the top of the page, there is a box [blue I think]. It says Search this forum, and you can type in your key words like Overpayment, Reclaim etc and pick out the ones that look similar to your query.

 

HB

[Deb T]

In the frst instance I would write to the DWP by recorded delivery, asking for the precise details of the overpayment, how it actually came about and also why it's taken them 23years to contact you?.

 

In respect of the actual debt, if you owe it they will want it back and there is no limitation to the amount of time that has passed since the original overpayment for them to ask for it back, if you're on benefits there are provisions for them to recoup the money via your benefits (an amount each week deducted)

 

If it's over 6 years since the overpayment which yours is they'll not be able to enforce the debt through the courts as it's stat barred but they are (unlike many other debts) entitled to continue trying to collect it etc.

 

Basically it's a govt debt, they never usually go away.

[jack1966]

just to add any monies owed to the government does not come under statute barred limitations - meaning that it doesn't matter how old the debt is (i.e. over 6 years) it still has to be payed

[Deb T]

just to add any monies owed to the government does not come under statute barred limitations - meaning that it doesn't matter how old the debt is (i.e. over 6 years) it still has to be payed

 

Incorrect, the limitations act applies in respect of the debt being enforced via a court.

Debt Factsheets - Liability for Debts and the Limitation Act

[tracybeaker]

You have all been most helpful and i'm very grateful.

 

All info has been passed back to my friend's mum so hopefully she can get this sorted.

 

I was aware of the 6yr issue as I worked for the BA/JCP for over ten years with a massive stint on Social Fund but had limited knowledge on Overpyts especially Family Credit.

 

Once again, many thanks

 

TB