DWP old debt and bankruptcy

[eddiemc]

Not posted for a while and I know the DWP has been done before but my question is on a very old debt (1998) for £493.00

 

 

can they still demand repayment even though I went bankrupt on 2006?

 

They say unless they were specifically named on the bankruptcy petition they can still come after me. I say they can't.

 

Who is correct?

 

Cheers

[dx100uk]

Overpayments by the DWP are not treated the same as a credit card or bank debt.

 

 

An overpayment means you had money from the Government that you were not entitled to and they will not let it go.

 

 

As with all Government/Taxpayers money,

 

 

they do not write it off even if you were declared bankrupt it would not have been included in the BR.

[WindySock]

DWP overpayments from then are written off in bankruptcy unless due to fraud.

 

http://www.hbnotes.co.uk/Portals/3/u1-2012.pdf

 

doesnt have to be on the petition as is a bankruptcy debt no matter what

[dx100uk]

great I've got that linked now ta.

 

 

dx

[WindySock]

Was reading about this the other day.

 

Think they changed the law recently so that crisis loans or social fund loans were excluded from bankruptcy.

 

Actual benefit and tax credit overpayments are still covered, but DWP or HMRC staff still tell you complete rubbish unless you force the truth on them.

[RaeUK]

Out of interest, does that include council tax arrears?

[dx100uk]

Council Tax

 

All council tax debts from previous years are included in bankruptcy, whether or not the council has issued a summons for them.

 

n.b. if you are living with someone else who is liable to pay council tax (eg not a child or a student)

then you are probably jointly liable for the council tax, so the council will seek to recover the whole amount from your partner.

 

There was a court decision in December 2013 which implies that all council tax for the current year should be included in bankruptcy.

As a result, the Insolvency Service has amended its Technical Manual to say:

“All outstanding liabilities (that is, all arrears and future instalment payments) for council tax for the year in which the insolvency commences

are provable debts [note 42] [note 43]. This applies whether or not the company/bankrupt was in arrears at the date of insolvency.”

 

As with income tax, if your liability to pay council tax stops for the rest of the tax year,

you are likely to have to pay a higher IPA as a result for the remainder of the tax year.

[eddiemc]

Update

 

I have just received another letter from DWP stating

 

" As I mentioned in my previous letter we have received no evidence of proof from you that the two overpayments of income support and jobseekers allowance had been included in an insolvency order. Without this specific evidence we have no grounds to consider suspending our recovery action. Could you therefore ask your insolvency practitioner for further advice and forward any evidence to us to enable us to take this issue further"

 

Any suggestions of how I get them to understand? And please bear in mind this debt is also disputed by me.

 

Cheers

[dx100uk]

as they say you need to prove the evidence

 

 

dx

[eddiemc]

as they say you need to prove the evidence

 

 

dx

 

It was not on the bankruptcy petition as I understand it does not need to be as bankruptcy discharges all debts, this was mentioned in this thread.

 

Re: DWP old debt and bankruptcy

DWP overpayments from then are written off in bankruptcy unless due to fraud.

 

http://www.hbnotes.co.uk/Portals/3/u1-2012.pdf

 

doesnt have to be on the petition as is a bankruptcy debt no matter what

[dx100uk]

and you referred them to this document?

 

 

dx

[eddiemc]

I did indeed but they ignored me.

[WindySock]

The bankruptcy covers all debt whether on the petition or not.

 

Dear numnuts@dwp

 

This is a bankruptcy debt as defined under s382 of the Insolvency Act 1986. It is not required that a bankruptcy debt is named on the original petition or subsequent paperwork for it to be a bankruptcy debt and fall into, and be written off by, the proceedings.

 

Your claim that you require such paperwork is therefore misleading and legally incorrect.

 

It is not conceivable that your legal department is unaware of such provisions, so I can only assume this is a deliberate attempt to recover funds that are no longer owed by deceptive means.

 

Regards

[WindySock]

I did indeed but they ignored me.

 

DWP normally need several goes and quite a bit of metaphorical bashing on the head before someone with intelligence greater than a smelly sock actually looks at these things.

 

You need to persevere and not let them grind you down. In the end they will be forced to accept it.

[citizenB]

Could they not be referred to the administrator of your BR ?