dwp attachment of earnings

[linemonkey]

I have just recieved a letter stating that i have an unpaid debt of £3972.00 for overpayment of income support from 1995

and overpayment of sickness benefit from 2001 and other debts i have no knowledge of.

 

 

I have never been informed of any outstanding debt by them whatsoever.

 

 

I remember 1995 i started work in november and did not tell them of any change until feb 1996.

 

 

They invited me into there office and i admitted the oversight.

 

 

I have no knowledge of any other outstanding debt to them.

 

 

They are sending me the file.

 

 

They said that if i dont pay them they will send a debt collection agency after me.

 

 

They also said that the 6 year rule of statute barred does not apply to them and they will vigourously persue it.

 

 

They said they had previously contacted me by letter sent to the wrong addresses.

 

 

What should i do next??

[linemonkey]

I have just recieved a letter stating that i have an unpaid debt of £3972.00 for overpayment of income support from 1995 and overpayment of sickness benefit from 2001 and other debts i have no knowledge of. I have never been informed of any outstanding debt by them whatsoever. I remember 1995 i started work in november and did not tell them of any change until feb 1996.They invited me into there office and i admitted the oversight. I have no knowledge of any other outstanding debt to them. They are sending me the file. They said that if i dont pay them they will send a debt collection agency after me.They also said that the 6 year rule of statute barred does not apply to them and they will vigourously persue it. They said they had previously contacted me by letter sent to the wrong addresses. What should i do next??

Hi Again! its been a while but i have recieved another letter from dept work and pensions stating that i still owe them the above figure.I have had no copies of documentation signed by me. They now say that if i don,t contact them with payment arrangement by 21/07/2011 they will give it to an outside agency(debt collectors) What should i do nex?????

[cerberusalert]

said that if i dont pay them they will send a debt collection agency after me.They also said that the 6 year rule of statute barred does not apply to them and they will vigourously persue it.

oh yes it does, although they have a partial exemption in as much that they can deduct any overpayments from future benefits but they cannot take any enforcement action.

[cerberusalert]

What should i do nex?????

You can either send them the SB letter or wait for the debt collector to contact you and send them it.

[linemonkey]

You can either send them the SB letter or wait for the debt collector to contact you and send them it.

 

Thanks again for your prompt reply .I think i,ll sit it out for a while and see what they send next. (after all i dont retire for another 12 years or so. So they cant get their hands on my pension YET.)

[BRIGADIER2JCS]

It still applies that must have been no payment or acknowledgement in the 6 years a deduction

from a means tested benefit even if only one still counts.

On old over payments like this they can still ask for payment on

the basis that circumstances may have changed.

Only the Secretary of State can write off debts in exceptional circumstances.

 

These letters which are templates will come out on the anniversary of the first contact regarding

the over payment.

[meemok]

In the first post linemonkey says they have no knowledge of the debt(s).

 

I would ask DWP to prove that a debt exists first of all.

From recent personal experience, they can and do get things like this wrong.

[cerberusalert]

The OP could always send a SAR to the DWP there is no charge for this.

[linemonkey]

In the first post linemonkey says they have no knowledge of the debt(s).

 

I would ask DWP to prove that a debt exists first of all.

From recent personal experience, they can and do get things like this wrong.

 

I have already requested they send me proof when they initially contacted me.(original post).They have sent nothing but the recent letter threatening to send in an outside agency.

[cerberusalert]

If you send them a SAR they are required by law under the Data Protection Act to provide the data they hold about you.

 

You can download a form from the DWP website, the fee of £10 is waived.

 

http://www.dwp.gov.uk/docs/request-for-personal-information.rtf

 

http://webarchive.nationalarchives.gov.uk/+/http://www.dwp.gov.uk/foi/infofinder/Our_policies_and_procedures/Freedom_of_information__and_or__Data_protection/109.asp

Edited July 4, 2011 by cerberusalert

[BRIGADIER2JCS]

In the first post linemonkey says they have no knowledge of the debt(s).

 

I would ask DWP to prove that a debt exists first of all.

From recent personal experience, they can and do get things like this wrong.

The OP states knowledge of a failure to notify a change of circumstances.

[meemok]

The 4 month overpayment can't account for nearly 4 grand though surely?

[BRIGADIER2JCS]

This maybe more than 1 benefit, if not I would think the payments were still be payed after

the over payment was discovered, A SAT to DWP debt Management will produce at

least how the amount has arisen, if the OP states that the over payment was for 4 months only

it will be investigated.

[linemonkey]

Hello Again ,Its been a while since your very helpful comments.I have sat it out and have now recieved a FINAL WARNING from a company called Credit Solutions ltd.

They say that as i have conducted my account?? unacceptably,i have 7 days in which to contact them by phone (not by letter as their time constraints are very strict)

to make proposals for payment, otherwise they COULD start court proceedings. In answer to your previous post the benefits were for housing benefit,council tax income support etc claimed during my unemployment.The overpayment only relates to 4 months in which i failed to inform them of a change in cicumstances.It appears to me they might be trying to claim back the WHOLE ammount of benefits i was entitled to for the time i was unemployed.(about 2 years). I would appreciate your views and what action i should take next.

[BRIGADIER2JCS]

Did you do the SAR as cerberus suggested?

Have you worked out if there has been 6 clear

years without any form of acknowledgement

if you have then it's simple just tell them that

the debt is statute barred and you are not going

to pay, in this case CSL cannot start court action.

[BRIGADIER2JCS]

I guess this is much the same situation as those

who max out their credit cards then wont or can't

pay it back,the debt becomes stat barred, and is

unenforceable, they have had the money spent it,

and have not paid it back.

I don't think you can differentiate between the two.

[huggy41]

I don't think you can differentiate between the two.

yes i can knowingly accept a payment you are not entitled to. i get my 1st payment on tuesday 8 months and 13 days after i applied. lucky they were not taken to court.

 

It's not illegal to max out your credit card.

[Bazooka Boo]

The letter you got from CSL is one of their computer generated templates, they always claim you have to ring them as their self imposed time limits are so strict, muppets.

 

Either send them the SB letter, or ignore them, if you need to claim benefits in the future they will reduce the amount they pay to offset the debt they claim you owe.

Four grand for four months overpayment is clearly not correct?

[ScarletPimpernel]

One post unapproved for potentially libellous comments. Whilst there may be strong feelings, it is not appropriate to fling wild accusations around.

[BRIGADIER2JCS]

Send the SB letter to The Manager, DWP Debt Management

Team in Gloucestershire, believe, even if yo have only your NI

number they should be able to track it down.

[huggy41]

i started work in november and did not tell them of any change until feb 1996

 

this is not a misstake by the DWP and therfor will not be ritten off so to speak, this error of so called overpayment was infact the result of the above quote.

i think you will find that this is not company money and therfore cannot be claimed back through there insurance but is infact TAX PAYERS MONEY and the limitations act does not apply

[BRIGADIER2JCS]

The limitations act DOES apply to this kind of debt, BUT

if the persons later applies for and receives a means tested

benefit then the DWP can make a deduction from the benefit

the amount they can deduct is strictly regulated.

[martin2006]

Four grand for four months overpayment is clearly not correct?

 

I dont agree, the OP stated they were in receipt of housing benefit, council tax benefit and you would have to assume, IS/JSA and maybe others.

 

a grand a month from these benefits is perfectly plausible, some get much more than this. It depends on how much rent/mortgage they pay and where they live with regards to council tax.

 

if the OP did not inform the DWP for 4 months, that is fraud and the amount should be paid back, after all, he has had YOUR taxpayers money that he was not entitled to.

[Bazooka Boo]

The rights and wrongs of the situation has zero bearing on the OP's predicament, if you feel so strongly then file a complaint with the Police, and whilst your their lodge a complaint about all of the politicians, banks and corporations, who either avoid paying tax, or have fleeced the tax payers blind over the past decades.

 

Overpayments, however caused are subject to the limitations act, this falls into that category so is statute barred, so unless the OP has the need to claim benefits in the future, then this will not be repaid.

[martin2006]

Overpayments, however caused are subject to the limitations act, this falls into that category so is statute barred, so unless the OP has the need to claim benefits in the future, then this will not be repaid.

 

Slightly misleading quote there boo, the limitations act applies UNLESS fraud has been committed.

 

By his own admission, that is the case.

 

Disturbing to note that you appear to encourage this.