DEA old DWP debt already paid to a dca

[helli]

DWP via Dca's and debt management have been chasing an oveayment dating back to 1990.

 

I I don't dispute there was an overpayment but that I repaid what was requested (it took 3 years!)

and didn't hear anything until 2007 when contacted by dca who I stupidly paid money to until I realised they couldn't tak we court/leg loopal action.

 

I submitted a sar with no response and a formal complaint of maladministration by dwp asking for the case to be closed.

 

Dwp apologised for the fact that they had thoroughly searched for my file

but could not locate it but clarified that the oustanding amount is left from when i came off benefit in 1996

and further payments could not be recovered.

 

I have not been on benefit since 1990 and the payments were made whilst i was in full time employment.

 

They stated because i had made a payment to the dca in 2007 that the case could not be closed.

 

Due to family illness and bereavement i have only just started to deal with this due to dwp contacting me to say they are considering a dea .

 

Is there anywhere I can go from here?

 

DWP cannot provide any information as they cannot locate the file despite their own retention guidance stating it should be available,

 

I don't want a dea but don't want to start a payment plan for something I think I have already paid.

[antone]

So, just to be clear: there was an overpayment but you believe it has been repaid in full. You paid money to a DCA in 2007 and as such they are stating that the alleged debt is not statute barred and still needs to be repaid. You have sent a SAR with no response. Is that correct?

[antone]

Sorry, meant to add - if they say money is due, the onus is on them to substantiate the claim. It's not good enough for them to say "you owe us money. No, we don't have the paperwork, but pay us anyhow!"

 

If this truly is the case, I'd be contacting my MP tomorrow.

[helli]

Yes i paid in full the amount reqwuested, DWP state that the amount authorised by secretary of state is higher than what was paid and as I didn't appeal at the time then it still stands and its unlikely to be an error. I don't recall receiving anything and DWP can't provide anything.

 

Dwp debt isnt statute barred as such although they cant enforce through the courts after 6 years they can still pusue payment and can now use a DEA without going to court. The case would have met the criteria for writing off the debt if no recovery had taken place, what they are saying is because I made 2 payments to the dca it no longer fits the criteria despite the appalling behaviour of the dca who couldn't legally enforce repayment which I didn't know at the time.

 

I have said i am not refusing repayment if they can provide paperwork to clarify this but they cant locate the file. Will contact mp they seem to be a law unto themselves!

[helli]

Sorry yes I sent a Sar with no response which was included in my letter of complaint.

[Mr.P]

Ideally, a SAR needs to be sent in a completely different envelope and marked as such. This ensures that the request is routed internally to the correct department and removes any potential confusion.

 

The DWP has a statutory obligation to respond to a SAR within 40 calendar days or risk the wrath of the Information Commissioner's Office.

[helli]

Sorry I wasn't very clear the Sar was sent separtely I included the the lack of response in my complaint.

[BRIGADIER2JCS]

Sorry I wasn't very clear the Sar was sent separtely I included the the lack of response in my complaint.

To which department was the SAR sent DWP Debt Management?

[Mr.P]

If the DWP have failed to respond to the SAR within the required 40 calender days, you can lodge a complaint with the ICO.