Help DWP chasing 13 year Old Debt

[cerberusalert]

The DWP are exempt in as much that they cannot take any enforcement action after six years i.e they cannot get a court order or attachement of earnings, but they can deduct overpayments from future benefits.

 

You should contact DWP and ask for a detailed explanation of how the alleged debt has occured.

[cerberusalert]

Is it actually the DWP demanding payment or an outside Debt Collection Agency, if the latter just ignore them.

[sequenci]

also bear in mind that with DWP overpayments the 6 yeras runs from the date they first demand the money back.

[The GodMother]

Tho they should have some type of proof of the overpayment personall i would demand proof.

[BRIGADIER2JCS]

How odd it is well known that such debts can become statute barred,but the

DWP can make deductions from benefits after that.

The DWP is not a company!!!

Mosst of the above is nonsense

 

Unapproving the post PM sent

[sequenci]

How odd it is well known that such debts can become statute barred,but the

 

The limitation act 'bars the remedy, but not the right' - these means any creditor can recover the money via alternative methods but court. As such if anyone goes back onto the same benefit it's perfectly legal for the DWP/HMRC/Whoever to claw back the overpayment that way. Frustrating but perfectly allowed.

 

This is an old thread we've just revived, haha.

[BRIGADIER2JCS]

The limitation act 'bars the remedy, but not the right' - these means any creditor can recover the money via alternative methods but court. As such if anyone goes back onto the same benefit it's perfectly legal for the DWP/HMRC/Whoever to claw back the overpayment that way. Frustrating but perfectly allowed.

 

This is an old thread we've just revived, haha.

I sense a bit of trolling here:madgrin:

[sequenci]

I sense a bit of trolling here:madgrin:

 

;P

[dadofholly]

also bear in mind that with DWP overpayments the 6 yeras runs from the date they first demand the money back.

 

Have had a contact from freds in recent times telling me that DWP over payments are not stat barred. Alleged over payment was made in 2000 - only just heard from them.

 

But according to freds DWP sent letter demanding payment to my old address in 2011 - so if that is their first demand for payment - would take this up to 2017 before it becomes SB?

 

We left that address in 2007 - so even if they sent a first request for payment, the day after we moved out it would still be 6 7 years after the original debt.

 

So how long do they get to send the first demand?

[sequenci]

Have had a contact from freds in recent times telling me that DWP over payments are not stat barred. Alleged over payment was made in 2000 - only just heard from them.

 

But according to freds DWP sent letter demanding payment to my old address in 2011 - so if that is their first demand for payment - would take this up to 2017 before it becomes SB?

 

We left that address in 2007 - so even if they sent a first request for payment, the day after we moved out it would still be 6 7 years after the original debt.

 

So how long do they get to send the first demand?

 

The limitation period begins on the date when the final determination is made that there is a recoverable overpayment and what that amount is. Therefore, this could be the original decision by the decision maker or, if the case is appealed further up the line, when that final decision (of the original decision) is made. Your question, is a very good one, as they should look to make their decisions quickly and not take forever to do so.

[BRIGADIER2JCS]

Also it must be remembered that the DWP can reclaim an overpayment even when the matter has become SB, the department is allowed to make deductions from relevant benefits including state pension and pension credit at anytime the client becomes eligible for the benefit.

[rodneyregis]

DWP tell me I have debts from 2002 - I told them they were barred.

 

He said they will not take it to court but can deduct from benefits or do an attachment to earnings - I'm not fussed about deductions from benefits, as I don't have any, but can they do a DEO?

[BRIGADIER2JCS]

Yes they can Welfare Reform Act allows them to make such orders, and can deduct from ANY future benefit payment including state pension when you are eligible.

[rodneyregis]

Thanks Brigadier. So to clarify, I don't care about benefits, but they could deduct from my salary?

[BRIGADIER2JCS]

Yes they can apply an attachment of earnings order at any time.

[rodneyregis]

Cheers. It's under £300, and from 2002 - Can I get them to reconsider?

 

According to CAB:

 

DWP guidance for decision makers states that recovery of a debt should be abandoned and the balance written off where the debt is:-

 

•under £25; or

•under £100 and at least six years have elapsed since the last repayment or deduction took place; or

•under £300 and at least ten years have elapsed since the last repayment or deduction took place; or

•over £300 and at least 20 years have elapsed since the last repayment or recovery took place.

[BRIGADIER2JCS]

You can certainly try, you may though have to go through an appeal Tribunal.

 

 

Write to the Manager

 

 

DWP Debt Management.

 

 

Be prepared to wait for a response.

[rodneyregis]

Thanks for all your help Brigadier.

[BRIGADIER2JCS]

Thanks for all your help Brigadier.

Happy to help.

[obiter dictum]

Cheers. It's under £300, and from 2002 - Can I get them to reconsider?

 

According to CAB:

 

DWP guidance for decision makers states that recovery of a debt should be abandoned and the balance written off where the debt is:-

 

•under £25; or

•under £100 and at least six years have elapsed since the last repayment or deduction took place; or

•under £300 and at least ten years have elapsed since the last repayment or deduction took place; or

•over £300 and at least 20 years have elapsed since the last repayment or recovery took place.

 

Do we have a link to this guidance and can they say link three social fund loans together to go over the £300 threshold for 10 years

[BRIGADIER2JCS]

Such debts have been linked for recovery in the past.

[obiter dictum]

Do we have a link to the Guidelines and can they link three seperate crisis loan applications over three years to take it over the £300 threshold for 10 years collections

[obiter dictum]

Wrong thread posted on (sorry)

[georgygirl]

This may be okay if you are not currently on benefits, but if you are, and this has happened to my sister, a debt from 15 years ago and no paperwork provided but a regular amount was automatically taken off her benefits weekly to pay that debt that she couldn't even remember.

Hi

 

I have a friend that works for DWP and was told that they have to chase the debt but if you just keep refusing to pay they will eventually just give up, he says sometimes in his mind he just wants to shout dont pay but he is monitored so cannot give any indication to the caller. Hope this helps.....

[BRIGADIER2JCS]

The DWP will commence pressing for payment however old a debt is as soon as the individual gets any benefit.

I have seen a man of 65 receive a letter regarding a 25 year old loan the day after he received his first state pension payment.

 

 

These debts don't go away that easily.