Akinika working behalf of DWP

[Bambi eyes]

Hi hope someone can help or advise me

 

H

 

I'm receiving letters from Akinika

they said I owe DWP £1,384

they have already sent me 2 letters and

 

today's one said if I've not paid them this amount in 10 days

they will pass this to their solicitors Wright Hassall LLP,

 

but when Dwp first asked me to pay this back I called them and emailed requesting proof of this debt

as I do not have any recollection of this debt,

 

I was on income support for a year that was 13 years ago

they over paid me and it was all taken back or I presume as I heard no more

that's only thing I can think of,anyway

 

I received no proof and saved emails

I sent them I also called dwp and asked them what is was for

 

so they passed this on to a Akinika and now threatening me with their solicitor to make legal proceedings.

 

Should I contact these people asking for proof of debt also??

 

if I owed the debt and had the proof I would pay it back and offer an amount each month

 

I'm not refusing I just want proof this is my debt.

 

Hope someone can help as I'm starting to worry only my husband works at present

as I've two boys to look after all I get is £100 pounds a week

and that's to pay of my other bills

 

I'm considering step change if I owe this debt to help me out

[essexmat]

Scare tactics - even if you do owe the money an overpayment is not your fault if you claimed legitimately. Draw up an income and expenditure sheet and add everything from food, to utilities, to healthcare, clothing etc to it and bunce up some of the figures then offer them £1 a month. My Father owed £71,000 odd on loand and credit cards years ago, he was signed off ill and had to give up work, he pays £5p/m for all his debts. Do not be intimidated by them

[citizenB]

You need to make any request for clarification of the debt - in writing - . Interesting that the minute you telephone the DWP and ask them how this came about and they offload it to a DCA ?

 

I am pretty certain that they will not be able to take legal action to recover this alleged debt .

 

Whilst they cant take legal action - if at some time in the future you apply for any type of benefit, they can recover the monies from that.. this is all based on the assumption that you DO actually owe them anything. They seem to be reluctant thus far to provide this proof.

 

So, I dont think you need to lose any sleep

 

I have alerted others on the site team with more knowledge to confirm.

[essexmat]

As I maintain, scare tactics - you want EVERYTHING in writing and signatures where possible otherwise you are to take it the debt does not exist. Let them do all the running, not you

[Bambi eyes]

Thank you all,wasn't sure what to do as I said I'd happily pay it back if I do owe it, all I want was proof I do,and didn't want anything bad to come to my door cause id panic on the spot and don't want to go to court or anything.

Thank you I'm a born worrier

[Bambi eyes]

Do I call dwp to pay it if I get the proof I do owe or offer the payment to the debt agency?thanks essexmat

[Bambi eyes]

Thank you citizenB

[citizenB]

Thank you all,wasn't sure what to do as I said I'd happily pay it back if I do owe it, all I want was proof I do,and didn't want anything bad to come to my door cause id panic on the spot and don't want to go to court or anything.

Thank you I'm a born worrier

 

There will be nothing bad come to your door - whilst these DCAs would love to bring back debtors prisons and the sale of new borns, owing money is NOT a criminal offence. The behaviour of the DCAs however is bordering on harassment and is certainly misleading.

 

Do I call dwp to pay it if I get the proof I do owe or offer the payment to the debt agency?thanks essexmat

 

You must NOT call anyone - email or letter - you want everythign in writing,not least proof that you do actually owe this money.

 

Thank you citizenB

 

You are welcome

[dx100uk]

yes ignore the DCA

 

they cannot do ANYTHING for a Gov't debt.

 

they just think, as they always do..

they are onto a mug where gov't debts are concerned.

because they think you'll fall for their useless powerless threats.

 

if you owe any thing at all

pay and talk to DWP directly.

 

dx

[Bambi eyes]

Thank you last question if I shouldn't email them etc how can I ask for proof of this debt sorry to sound dumb lol

[dx100uk]

email who?

 

dx

[citizenB]

Bambi, you can email or write to DWP asking for proof of their claim.. but you mustnt PHONE them

 

My post was a little ambiguous.. my point was that you need to keep everything in writing.. email or letter.. not phone.

[citizenB]

Is there an email address for the DWP ??

[caro]

Is there an email address for the DWP ??

 

Might be difficult to get to the right department.

 

I suggest you send a sar to dwp which should provide all the info you need. Normally these cost £10 but are free from dwp.

[Bambi eyes]

Thank you

[caro]

Link here to dwp sar form . https://www.gov.uk/government/publications/dwp-request-for-personal-information

[citizenB]

Bambi, this is the Subject Access Request you need to use.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406188-DWP-Subject-Access-Request-From-(SAR)

 

You need to enclose either a cheque or postal order for £10.00 which is the statutory legal fee - they have 40 calendar days in which to supply all the data.. and as Caro has said.. this should provide all the information you require

 

I didnt realise caro had already linked it for you.

[dx100uk]

I thought DWP sar's were free?

 

dx

[citizenB]

Yes, they are dx.. I am not firing on all cylinders at the moment. Caro had actually pointed out that it was free as well

[Bambi eyes]

I will write all this down in the morning lol I'm getting all confused which isn't hard I'll click on the links and I'll let you all know how I get on if I get stuck I'll be sure to message you all bless you all,hate being a worrier..

[antone]

OK, worrying is natural and these situations can be confusing, so let's see if we can summarise what's happening here.

 

 

• About 13 years ago you claimed IS for a year
  
• There was an overpayment
  
• Money was taken from your benefits to repay it
  
• And as far as you understand, the matter was closed then
  
• But now the DWP, via a debt collection agency, is demanding £1384
  
• This is the first you have heard about the matter since your claim ended 13 years ago
  

If correct, then the following information has been offered by posters here:

 

• Deal with this matter only in writing (or by email if you must, but certainly not by phone)
  
• DCAs cannot take court action for government debts, only the government itself can do that
  
• So don't pay the DCA anything
  
• The debt may be statute barred - that is, enough time has passed since last payment or acknowledgement of the debt that the DWP cannot take action through the courts in any case
  
• But they could recover from any future benefits you claim, including any State Retirement Pension you may be entitled to
  
• It is not your job to prove you don't owe money, it is their job to prove that you do
  

So you can do either or both of these things:

 

• Contact DWP Debt Management and ask them to show why you still owe money - including how the overpayment arose and any payments already made
  
• Send a Subject Access Request for all information relating to this matter. The DWP does not charge a fee and you should receive a response within 40 days
  

[Bambi eyes]

Yes all correct great thanks,will do all above tomorrow really really appreciate all the help guys,it can all get a little suffocating with the letters.

[Bambi eyes]

Hi all I've printed off my letters will send recorded delivery also thank you xx

[citizenB]

[Bambi eyes]

 

wish me luck