Fairfax Solicitors/Eversheds & Dept.Work & pensions

[brigjacj]

I have recently been involved in challenging Fairfax Solicitors Of Leeds for my daughter over a DWP overpayment from over 10 years ago.

She had no contact with the DWP over this for 8 years and no legal demand for payment or court action had been taken.

The letters received from Fairfax were to say the least amateurish and often contained mistakes in terminology and did not answer any of the questions aked.

I finally challenged them when court action was threatened which I believed was not possible as I had checked back carefully and found the debt to statute barred.

When they replied at first they only stated that Government debt cannot be written off.

I then lodged a formal complaint to Fairfax as they continued to demand a full disclosures of my daughters income and expenditure quoting court guidelines.

At last a reply stating debt is statute barred and legal action is not possible,debt to be referred back to DWP.

Letter received from DWP debt management threatening further action or referral to an outside debt collector.

Formal complaint on this sen to DWP, latest letter from them acknowledging matter sent to ''customer services'' for investigation.

One last big question remains, WHY IS A GOVERNMENT DEPT. USING THE LIKES OF FAIRFAX WHICH BY ANY OTHER NAME IS THE DISREPUTABLE EVERSHEDS ONCE CRITICALLY BLASTED IN A PARLIAMENTARY DEBATE!!

[Bazooka Boo]

Because like all Government departments they are cheap, DWP are horrendous, and rarely admit being at fault, having dealt with them personally over an error on their part which would have put me at a loss, the only time they ever sat up and took notice was when I sent them all the dates I wold be available to attend court, and the name of my barrister.

 

The DWP like to believe they are whiter than white, a gentle nudge in the direction of your local MP normaly gives them the kick they need.

[harrassed senior]

Trying desperate measures in desperate times!!

 

Incidentally, I think I am right in saying that if ever your daughter claimed certain Benefits in the future they may stop some of that money to re-coup the overpayment. Not sure this is covered by credit regulations and as such cannot be time-barred.

 

If I am wrong, then hopefully someone with the correct info will be along soon.

[brigjacj]

Hi, Harrassed Senior you are correct but this is the only way the corrupt government we are now about to be rid of can recover any debt which is stat barred.

Even if they have a court judgement the 6 year rule can apply they would have to ask leave of the court to pursue.If however you never have to have a social security benefit they can whistle, great as most over payments by the DWP

are their own mistakes.

[harrassed senior]

I agree entirely, I have, in the past, been hit myself by this no-nonsense 'rule' I mean, fair enough if you have had and spent an 'overpayment' but how they can then recoup this out of the poverty line payments you get is beyond me.

 

For instance, my sister is on State Pension which is a few and I mean a few pounds higher because of her working contributions, however, it is low enough for her to qualify for Pension Credit, but now the tax man wants over £1000 per year in tax from her. They cannot comprehend that that will take her £1000 below the poverty level over 12 months!! So as usual give with one hand and take back double with the other!!

 

Sorry I could not give you more help.

[brigjacj]

Has your sister income other than State Pension eg investments/savings that are paying interest, and does this exceed her tax allowances please consult man expert on this as soon as pos.

don't get ripped off by gov.by ignorance of your rights the now defunct Lab gov

has relied on this to rip off for years.

[cerberusalert]

It is an anomaly, although a debt to the DWP becomes Statute Barred after six years (five in Scotland) as in all cases of debt the debt does still exist morally although it cannot be enforced legally after that time. However the DWP can still collect the arrears from future benefit payments.

[brigjacj]

Exactly what I said but do not give in to threats from DWP they can only recover from benefits and you can appeal amount deducted.

You must be left with the amount THE LAW says you need to live.

 

 

 

 

 

 

 

reats

[harrassed senior]

Hi Brig

 

She is disabled and had been unable to work through disability ten years prior to reaching 60. She has no savings, property, etc. She did not pay tax during that 10 years, and the Inland Revenue only jumped on the bandwagon when she took her pension in a lump sum - they took one third of the lump sum in tax - knocked her sideways did that. Then nothing for 2 years, then got a letter to say she had not returned her recent tax returns, and followed with demands for £3000 for 3 years since her 60th birthday. She says she will go to prison rather than pay it, and, knowing her that is exactly what she will do.

 

Oh well, shouldn't have hi-jacked your thread but thanks for the interest.

[brigjacj]

Hi Senior,

I sympathise with your situation I think you and your sister need to consult either a solicitor or an INDEPENDENT financial adviser or the CAB on this one

I thought lump sums from pensions are tax free.

I am no expert on tax matters but please seek the proper advice.

[Dettie]

Hi brigjac,

 

Just thought I would share info gained from Tax office recently. My daughter is 13 and is receiving a very very very small monthly pension until she is 18 through my late husbands work pension. Income tax was taken off this under the code BR cumulative and when I queried it, I was informed that all of us attract the Basic rate of tax subject to personal allowances, and the only way to get this back is to ask for a temporary tax code for her. ??? So they get the money first and you have to do all the work to get it back !

 

Regards

 

Dettie

[Brigadier 1JCS]

Hi Detti,

Not sure how this is worked out especially as new personal allowances have been announced.

perhaps it might be worth seeking independent advice mean while I would certainly get a temporary tax code for her to put itaight and stop any further

deductions as it can take months++ to get a refund,rumours of 6months

unopened mail at some tax offices. Good luck

regards

Brig.

[cerberusalert]

Hi brigjac,

 

Just thought I would share info gained from Tax office recently. My daughter is 13 and is receiving a very very very small monthly pension until she is 18 through my late husbands work pension. Income tax was taken off this under the code BR cumulative and when I queried it, I was informed that all of us attract the Basic rate of tax subject to personal allowances, and the only way to get this back is to ask for a temporary tax code for her. ??? So they get the money first and you have to do all the work to get it back !

 

Regards

 

Dettie

 

There's a common myth that children don't pay tax - that's simply not true. In fact, they're taxed in exactly the same way as adults, which means each child can in the 2010-11 tax year earn up to £6,475 tax free from salary, savings or investments.

 

The difference is, unlike most adults, most children don't use up their allowance, so their savings interest is tax free.

 

Assuming your child won't earn more than £6,475 (watch out child prodigies!), ensure any interest is paid without the tax being automatically deducted by filling out the Inland Revenue R85 form (the bank should give you one of these).

 

If you've already overpaid, you'll need to fill out an R40 form to get it back.

 

Special rules for money from parents

 

However, there's a proviso that any interest earned on money specifically given to them by a parent is only tax-free up to £100 interest, per parent or step-parent. If your child earns more than £100, the whole lot is taxed at the parent's rate.