dwp overpayment

[lolo6677]

:-xhave received a letter from iqor stating that we have to pay £3157.17 due to an overpayment of jobseekers allowance from sept 2003 to may 2004.

we were first contact in 2008/2009 and we were told to appeal the decision which was then thrown out as it was too late to appeal????

but then we were not aware of anyting wrong until about 6 years later so that was not our fault surely.

now iqor are on to us and we were wondering how this debt stands as far as time limitations as now its up to nearly 8 years sonce the apparent overpayments were made.

 

please please any help would be greatly appreciated.

 

thankyou

[cerberusalert]

It's not quite true about being out of time on an appeal; http://www.newcastle.com/core.nsf/a/wr_hchallenge

 

2. ‘Any time revisions’

These do not have a time limit but specific grounds have to be shown for this type of revision (for example the decision maker made an 'official error')

[Bazooka Boo]

Has there been a clear 6 year period where you have not made payment OR acknowledged this? (5 years in Scotland)

[twofoot]

Get your MP onboard.

[teaboy2]

If you havent made any payments or acknowledged the debt since may 2004 the its statute barred.

[palmer200165]

If it is over six years since you last heard of this, or indeed contacted the debt collectors who are chasing you, then leave it to the dwp to sort out. iQor can do nothing, the only way the dwp will get there money back now is by deductions from any future or present benefits you are recieving. They cannot take you to court, or deduct from any employers wage given to you. Although this does, if it has been six years since last contact, mean the debt is somewhat statue barred, because it is a government debt that you may or may not owe, they still have the rights to reclaim it, BUT NOT IN COURT.

 

Quote:

 

Benefit Overpayments & Social Fund Loans

 

The Department of Work & Pensions (DWP) has 6 years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over 6 years old as they don’t need to go to court to do this. This applies to overpayments of benefits such as income support, job seekers allowance, pension credit, housing benefit, council tax benefit and paying back social fund loans.

 

End Quote

 

Hope that helps

[BRIGADIER2JCS]

More often than not the DCa has no paper work on this at all just an authority to collect on behalf of the DWP

asking the to prove the debt has shut them up, this is from experience of fighting this kind of thing for others.

Just because they are working for a government dept. does not give the DCA any special rights all the current regs and guidance

still apply.Hve you had any correspondence from DWP Debt Management?

[BRIGADIER2JCS]

I did a couplle of Subject Access Requests under The DPA for a relative result no a word apart from returning the

£10 SAR fee 2 years ago.

[palmer200165]

Yeah I did that as well, and I got my SAR, about 15 pages and the £10 was returned as they do not require the usual £10 requirement fee. I know pay them £9.00 per fortnight for a £857 overpayment from 1999.

[BRIGADIER2JCS]

The the documentation provided actually prove ant thing?

[BRIGADIER2JCS]

I have an ongoing ''interaction' with my MP on the use of DCA's which has been passed to the U.S of State for Welfare Reform.

So Iwould be interested to hear what occurs in your case lolo.

[palmer200165]

They did show that I actually did owe them the funds, however due to me moving out of the UK for 7 years they only found me again when I moved back and started to recieve JSA after losing my UK job due to redundancy. But it is well worth approaching them again and asking why no SAR has arrived to use in your case if you need to. I explained that I knew they kept them in archived vaults in Newcastle, unfortunately at this moment I do not know where that information (Address) is.

[BRIGADIER2JCS]

The access to this information is through the Debt Management Department, or your MP

may be able to secure the data.