23 Year Old DWP debt!

[Bazooka Boo]

I would copy in my local MP now as well, this draconian outfit is becoming extremely belligerent and needs putting out of it's misery,

[francis1306]

Again many thanks to U Bulgaria, Bazooka Joe and Mr P. What galls me is the points raised as mentioned by above 3 posts is the fact that these were dealt with in my 1st reply, yet they only respond with the point, as far as they are concerned with Limitation Act and absolutely nothing at all regarding other points raised!

 

 

However, as we are dealing with DWP I fully intent over the next few days to deal with each of the above 3 points raised in each of the last 3 posts above.

 

 

I will as ever, report back and let you know how matters pan out!

 

 

again, many thanks peeps!

[francis1306]

OK this is now starting to border on harassment! Have today received a further letter, third to date. Want to clarify that 1st letter received which started this post off, was dated, 2/4/2014. We sent response, as per post #19. Then received 2nd letter from DWP as per post #22 dated 30/4/2014, which we received yesterday, hence update on situation. Without having a chance to put anything further in writing (except for the post on here asking further advice) today received 3rd letter, again dated 30/4/2014.

This 3rd letter is along the same lines of the 1st letter received, save they are now demanding payment-their latest letter is as follows:

Dear Xxxxxx

DO NOT IGNORE

About the £XXX.XX owed.

We have contacted you about paying back this money.

You must make a payment by 14/05/2014.

Please do not ignore this letter. This will not mean you can avoid paying back this money, and you need to contact us to stop any further action being taken. If you cannot afford to pay this money you will still need to contact us. We are willing to discuss payment terms.

What happens next

If we do not hear from you by the above date we will consider taking one of the following actions:

a) recover this money directly from any earnings you receive via your employer.

b) recover this money through the courts.

c) refer your case to a private company for repayment collection. You may have to pay additional costs if this happens, and your credit rating may be affected.’

So, how do you like that? We contacted them as a matter of some urgency, once finding out where we stand, not just from advice off here but also with CAB. They must have received our reply to them (as per post #19) as they replied under separate letter, the contents of which can be seen in post #22.

They really seem to think they are a law unto themselves and can just ride roughshod over who they wish.

However, in light of the above, any further advice/words of encouragement would be most welcome. This last letter, although dated 30/4/14 only being received today, Thursday, 8th May, does not give us long to deal with their threat of making payment a payment by 14/05/14! It is also making us panic, even though asked, they have not:

Proven the debt, or given any details whatsoever as to how it has arose.

In breach of their own guidelines as per debts over 20 years old.

Acceded to request that any attempt to recover alleged debt is delayed until this matter is fully resolved.

And other points raised in reply as in post #19.

Many thanks, yet again.

[Bazooka Boo]

Ignore them, their time limits are arbitrary, give them time to answer to your letter first.

 

They are acting way above their limits here, I am battling with them too.

 

Get onto your local MP, and start the complaints process with the DWP for all it's worth.

DO NOT be bullied by them, they are not fit for purpose.

[francis1306]

Hi to all, Know it's been a few weeks since last post and just wanted to update situation.

 

Since receiving the last of 3 letters freom DWP as described in earlier posts, we have since been onto a 'higher power' who has now taken over this matter on

our behalf. Since our last contact, followed up with additional letter from 'higher power', this would be around middle of May, we have heard nothing since.

 

If we do hear anything further, will post and let you know any outcome.

[Bazooka Boo]

No news good news?

 

This is the DWP who are lethargic to say the least.

[francis1306]

Hmm No News Good News...No so today! Will outline letter received from our MP which enclosed copy response from DWP, would be obliged to receive further help and advice from others on here as to what, if any options are left open. The main points contained within their response are as follows:

 

'Between 22/11/91 and 16/4/92 IS overpayment of £1211.49. This apparently arose due to maintenance received.

On 10/1/94 they (DWP) made home visit to customers address obtaining a signed statement agreeing to overpayment and admitting liability.

Repayments were made through deductions up to 28/5/98. £589.50 being recovered leaving a balance of £621.99. The debt has therefore not

been inactive for 22 years.'

They then say 'From May 1998 up to 2007 the department was unable to trace customers address. They say they obtained a new address for

customer and continued to write at least twice a year about the debt (these specific letters were never received and we do not know what address

the DWP had for my now partner) They continue, 'In March 2014 we traced he current address' which is obviously where this matter begins in the

1st post.

They finally say 'when the department was contacted earlier this year (please see 1st post) the customer was unable to obtain more information about the

debt but there is only limited information available on our debt management computer system. However, we should have advised the customer that

debt management can recall files from the archive and this was not done. We apologise for this oversight.

They finish their letter saying that 'customer can make a request under the data protection act to obtain original documents relating to the overpayment.

What I can make out is that (hitherto receiving letter from DWP in April this year) no contact has been made since 28th May, 1998. Also the way they

use the phrase 'continued to write at least twice a year' seems dubious, not that if this makes any difference to the overall matter.

So, to end, where does my partner now stand and is there anything that can be done, or is it a matter of accepting the inevitable and offer to make

repayments?

Many many thanks to those having taken an interest in our plight and to for any response and advice received.

[Bazooka Boo]

Only skimmed over the post, but IMO they are petulant little toads.

 

Have you SAR them yet?

It is free..https://www.gov.uk/government/publications/dwp-request-for-personal-information

 

Until such time that they have complied with the SAR have absolutely nothing to do with them, no calls no letters, zero, how far down their complaints procedure are you?

You need to escalate the latest load of flannel, if needs be to the Independent case examiner...

[francis1306]

Hi, Thought start new thread as above original post went back to May last year, when DWP chasing debt. For latest please read last posts on original query dated 3rd july, 2014. To recap last letter and post content:

 

'Between 22/11/91 and 16/4/92 IS overpayment of £1211.49. This apparently arose due to maintenance received from husband, separated/divorced.

 

On 10/1/94 they (DWP) made home visit to customers address obtaining a signed statement agreeing to overpayment and admitting liability.

 

Repayments were made through deductions up to 28/5/98. £589.50 being recovered leaving a balance of £621.99. The debt has therefore not been inactive for 22 years.'

 

They then say 'From May 1998 up to 2007 the department was unable to trace customers address. They say they obtained a new address for customer and continued to write at least twice a year about the debt (these specific letters were never received and we do not know what address the DWP had for my now partner) They continue, 'In March 2014 we traced he current address' which is obviously where this matter begins in the 1st post.

 

They finally say 'when the department was contacted earlier this year (please see 1st post) the customer was unable to obtain more information about the debt but there is only limited information available on our debt management computer system. However, we should have advised the customer that debt management can recall files from the archive and this was not done. We apologise for this oversight.

 

They finish their letter saying that 'customer can make a request under the data protection act to obtain original documents relating to the overpayment.

This morning received letter from DWP giving schedule of money they are deducting from partners carers allowance, amounting to £11.00 per week for just over 12 months and 1 final payment of £0.39 pence.

At this stage is there realistically any chance of redress? The timing of this letter could not be worse as a parent has just been diagnosed with terminal illness and currently no extra energy to fight the DWP over this!

Any comments welcome and many thanks for advice.

[honeybee13]

Hi.

 

I've merged your threads so that the information stays together.

 

HB

[Bazooka Boo]

Have you got in touch with your local MP regarding any of this at all and at any stage?

 

There is always redress available, but as you can see, the DWP are deliberately lethargic and misleading with all it does.

I have been fighting them now for over 3 years, and the methods they use to deliberately frustrate the process of complaining knows no bounds!

[havinastella]

Did you EVER send the SAR!

 

You were only advised to send it nine times.

[francis1306]

Hi Bazooka, Yep, did involve MP and as DWP wrote to her informing her of case as they see it, that matter not over 20 years old (as mentioned in post #32). MP commented in letter 'unfortunately am sure this is the news you did not want to hear'. As far as MP concerned, if there was anything further she was able to assist with, she would. Lucky enough to have 1 of the few Labour MP's who is actually on 'our' side and also on W&P select committee!

 

And, no did not send for SAR as of view this would not add any facts to those is the letter as per post #32. In between, that letter of #32 and mail this morning, only received 1 further letter, 'we have the right to remind you of this fact from time to time that you owe us this money'. In that letter they also listed ways that money recoverable in their eyes. Due to the fact that this middle letter, did not mention any enforcements, as it read, you still owe us this money but we know we cannot force you to pay it, of the view that they will just keep sending reminders which we would duly ignore!

 

If you could re-read #32 and content of letter received, we were asking at that time what our legal standing was!

 

many thanks.

[Bazooka Boo]

Typical DWP completely ignoring it's own guidelines regarding debt/overpayment collection, I'll have to dig it out (bookmarked it somewhere?)

but they're only supposed to chase overpayments etc for a certain length of time, as normal DWP are above the law and have their own rules,

but AFAIK and can remember, the limit on demanding payments is, ''I think'' 20 years?

 

Depending on the amount that is actually owed of course.

 

Did you say this is their error?

 

I'll try and dig out the relevant info regarding their collection time limits, but they don't follow them either way!

[mikeymack2002]

Post #34 you said this

 

 

"On 10/1/94 they (DWP) made home visit to customers address obtaining a signed statement agreeing to overpayment and admitting liability."

 

I would be asking for proof of this you may also wish to read my attachment see that sections highlighted they may help if can you let us know?

 

 

Please see all sections that are highlighted

[Burnzee]

Hi folks,

Whilst reading this I've had similar issues with regards to old crisis loans being reclaimed by Mitcheldean.

 

I've been to see a financial advisor (Scotland) and there seems to be a grey area in regards as to where you are country wise and when the loans were taken out. I'm currently contesting loans from 2000-02, where I have now found out that I was ill advised to take loans out to the value of my then missing Income support cheques.

 

Part of the problem is that the DWP don't hold on to records of 10 years and over meaning certain debt areas can never be contested by the defendant.

 

This morning I was told by an advisor, that I will end up having to pay the whole sum of £881.85p back as they have started a DEA ( wages arrestment) and that the process cannot be stopped.

 

The part that really annoys the hell out of me is being told in 2002, by a DWP advisor, WRONGLY, that I should take out a crisis loan to the amount I needed to live on as the cheques had gone missing and never turned up and now it looks like I'll be paying it back.

 

My next action is a letter of complaint to the DWP, even though I may, myself, be too late to save from paying the debt back.

 

One last thing. I was also advised that in Scotland any debt accrued after 2005 by DWP Social funds/Crisis loans, were deemed as non repayable to the DWP. Not sure what the law in England & Wales will be for the same.