DWP letter stating husband owes money for a debt we dont know about

[leigh04]

Morning All,

 

We received a letter from DWP this morning stating that my husband owes DWP money approx £900, we dont even know what the overpayment is for.

 

The letter says that "as your partner is in receipt of benefit we can take payment from this, please ask your partner to fill and sign this within 14 days"

 

The only benefit i get is child ben and child tax (payments are already being taken from this for an overpayment for myself). I dont get no other benefits.

It also says please tell us which job centre plus office i receive my benefits from, I Dont.....

 

Can we SAR the DWP to find out what this is all about if not what else can i do to find out what this is for as all they are saying its an overpayment in benefits

 

so help would be appreciated.

[udaymorjaria]

Morning All,

 

We received a letter from DWP this morning stating that my husband owes DWP money approx £900, we dont even know what the overpayment is for.

 

The letter says that "as your partner is in receipt of benefit we can take payment from this, please ask your partner to fill and sign this within 14 days"

 

The only benefit i get is child ben and child tax (payments are already being taken from this for an overpayment for myself). I dont get no other benefits.

It also says please tell us which job centre plus office i receive my benefits from, I Dont.....

 

Can we SAR the DWP to find out what this is all about if not what else can i do to find out what this is for as all they are saying its an overpayment in benefits

 

so help would be appreciated.

Hi, you should call benefit office telphone number should be on letter it is easy to call and find out

[leigh04]

We have and thats all they said, its an overpayment, didnt say when it was for or what it was for they just want to set up a repayment through my benefits

[udaymorjaria]

Well they should explain I would go to CAB and ask for their help or write letter to benefit office asking to explain.

[unclebulgaria67]

When does this overpayment relate to and were you with the same partner at the time ?

 

Whatever, I would suggest that you ask DWP for a breakdown of this overpayment and exactly what it relates to. How can you assess whether there is any overpayment, unless they tell you what it is and how it was calculated. Send a letter asking for this information by recorded delivery to the office that has sent you the letter.

[leigh04]

Hi uncleb,

 

The overpayment happened in 1992 and no i wasnt with him at the time, we got together in 93/94.

 

We have a feeling its to do with his ex wife.

 

So im going to sar dwp to get all info regarding this.

[leigh04]

Sent sar off but as the so called debt is sb as of 6th feb 1994, any payments made in 2010 and 2011 would be voluntary yes?

 

But if we made no payments now can they take it from MY carers allowance when its not my debt and i wasnt with my husband then.

And if they pass it to a dca can we tell them to fox trot oscar.....

 

Need help with this please as husband is sure he never had income support in 1992.

 

Also today we had a letter from dwp debt management saying that as agreed under the court, payment of £5.00 to be made by 14dec 2012 he was nt even taken to court?? Especially in the last week.

 

Legally where does he stand he agreed to £5 over the phone not through the courts

 

 

HELP please

Edited December 8, 2012 by leigh04

[estellyn]

Overpayment recovery, in these cicumstances, cannot be taken from a person who did not incur the overpayment, I suppose, unless permission is given to do so.

 

Regarding DCA's and debt recovery, I don't know. Hopefully someone will come along to answer that.

[stu007]

Hi

 

Just to clarify that any payment classed as overpayment under DWP does not come under any statue barred rules i am afraid but

 

What you do need is a complete breakdown of the overpayment and reasons they only discovered this recently.

 

You need to make sure that the error is not your but theirs and if it can be proved the error is theirs then push for it to be written off as their error.

[leigh04]

Sorry stu but dwp overpayments do come under statute barred ie if they havent pursued the debt within 6 years of final decision made it is statute barred BUT they can collect from any future benefit inc state pensions further down the line.

 

In my husbands case the decision was finalised in 1994 so they are trying to collect 18 years after so they cannot take him to court for payment and as he is working and NOT claiming benefits they cant take it from his wages

They have asked me to pay it from my carers allowance and i have refused as its not my debt.

 

Dwp have confirmed that they cannot take it to court so any payments would be voluntary.

 

We have requested a breakdown and SAR'd them re this debt so we are awaiting what they send. Does this mean that its in dispute now or will we have to send a notice of dispute letter?

[stu007]

Hi

 

Overpayments by the DWP are not treated the same as a credit card or bank debt. An overpayment means you had money from the Government that you were not entitled or they believe you were not entitled to and they will not let it go. As with all Government/Taxpayers money, they do not write it off even if you were declared bankrupt it would not have been included in the BR.

 

the case of Balding v Secretary of State for Work and Pensions link: http://www.bailii.org/ew/cases/EWCA/Civ/2007/1327.html yes this refers to BR but explains overpayments

[leigh04]

Im not saying its an unpayable debt what im saying is its covered by the limitations act they have not taken my husband to court in 18 years so as its over the 6 years they cant do it now.

But they can claim it back by collecting from future benefits that is his benefits and not mine.

 

DWP have informed us that they CANNOT take him to court for him to pay it back.

 

We dont even no for sure if he does owe this debt thats why we have requested a breakdown and sar request.

[stu007]

Hi

 

I think you may have the limitations act slightly confused as you need to remember:

 

The cause of action (when the limitation period starts running) for benefit overpayments, is when a final decision is made on the overpayment. This is most likely to be a final decision by a local authority, the Department for Work and Pensions (DWP) or a tribunal.

 

Ultimately Limitation only started when your were notified of the DWP final decision by the DWP letter notifying you of the Overpayment so the clock starts from them.

[leigh04]

Overpayment accured 1992

Final decision 1994

DWP told husband CANNOT be taken to court as over 6 years and no attempt in contact had been made to collect overpayment.

 

So Yes its statute barred to a point BUT DWP can collect through future benefits without the need for court.

 

BUT why should he pay back money that hes not 100% sure he owes.Just because DWP says he does doesnt mean that it is.

[stu007]

Hi

 

That does clarify things thanks

 

So you have no idea what the overpayment is for so what you need to do is write to DWP and ask for clarification of this overpayment.

 

Dear Sir/Madam

 

Reference: (DWP Refence No)

 

Thank you for your letter dated xx/xx/xxxx but as I am unaware what this overpayment is actually for I would like to request further clarification of this overpayment from your department.

 

1. What is this Overpayment actually for.

2. A full breakdown of the Overpayment.

3. Copy of the Legislation for this Overpayment.

4. Copies of full Overpayment Accounts.

5. Under what legislation DWP have right to recover my Overpayment from my partners benefits by request she sign and return this form to DWP.

 

You really need to understand what this overpayment is for and I would like yourself want to know what thier powers are under what legislation they can ask to to sign and return that form to pay someone elses overpayment.

[leigh04]

Thanks stu

We have already asked for a breakdown, so we shall see what they come back with, if its not the correct info i will send the above letter. Thanks again.

[leigh04]

Just a quick update.

As of yet no response to the breakdown letter of debt allegedly owed.

 

And as from tomorrow (09/01/2013) the sar info request hasn't arrived. They acknowledged the request stating they had until the 9th to supply requested info.

 

If it does not arrive tomorrow what next should I do??

[Nystagmite]

You may want to wait a few days due to bank holidays.

[udaymorjaria]

You may want to wait a few days due to bank holidays.

Bank holiday? I have not received any post for whole year (joke) last post received was on 22nd Dec. 2012:-x

[leigh04]

Bank holiday? I have not received any post for whole year (joke) last post received was on 22nd Dec. 2012:-x

Lol I have been receiving post since Xmas and new year.

I am willing to wait a few days tho but what do I do if I don't receive the sar!!

[unclebulgaria67]

There is a reminder letter on the ICO site giving another 14 days and then if you don't receive the SAR, you can inform the ICO who may intervene.

 

http://www.ico.gov.uk/for_the_public/personal_information.aspx

[leigh04]

Thanks UncleB x

[leigh04]

Sar received today and oops hubby does owe it, so now we have to pay it back......