Dwp debt from 13 years ago PLEASE HELP

[lynski3053]

Hello please bear with me on this as its quite long winded.

 

13 year ago my sister in law was found frauduantly claiming benefit.

She paid it back at the time.

 

This week shes received a letter from a debt collection agency saying it was never paid and she has to pay it.

 

Shes rang and spoke to the court who have confirmed it was paid in full but they will not provide a letter stating this which i find strange.

 

Does anybody have any advise on what type of letter she could send.

Thanks in advance

Lynn

[unclebulgaria67]

Just write back by recorded delivery saying that she has checked with x court and they confirm this amount was repaid, but will not supply a letter. However, DWP can contact the court to confirm that the amount was repaid.

 

Then the ball is on their court to go back to DWP to resolve this. If any further letters are received without any evidence different to what the court has said, then ignore them. It is up to DWP, if they want to pursue further.

[lynski3053]

Brilliant thank you very much for that. Will get something wrote up for her.

[dx100uk]

I wouldn't waste your time or give the dca any false sence of grandeur...

Never ever entertain a dca on a govt debt

They have zero powers

 

Ring DWP or write to them

 

Totally ignore the dca!!.

[Bazooka Boo]

Who is the puerile DCA?

 

As for them trying to collect on a Govt Debt, they're immensely foolish.

 

If the DWP have said you paid, then that is good enough, just file the silly missives from the powerless DCA under ignore.

 

As DX says, DON'T entertain them at all.

[BazzaS]

Just to raise a possibility, was the payment to the court:

a) repayment for the falsely claimed benefit,

b) a fine for the offence of falsely claiming benefit, or

c) both?.

 

If it was just b), then a) may still be owed. Is it possible that the court stating it was paid was related only to the court's fine?

 

However, even if some is still owed to DWP, deal with DWP, and ignore toothless DCA's!.

[kk3852]

It is very unusual for the benefit overpayment to be paid to the Court unless a confiscation order was sought under the Proceeds of Crime Act which came into existence in 2002. I am unsure when the DWP started to use this to recover overpayments when assets were held.

 

I would agree with BazzaS that it is more likely that the money paid to the Court would be a fine and that the benefit overpayment might still be outstanding

[Bazooka Boo]

You need to contact the DWP direct, and get their view on this.

 

Are you still in receipt of benefits now?

[antone]

You need to contact the DWP direct, and get their view on this.

 

Are you still in receipt of benefits now?

 

I agree with this. There is no need to speak to the DCA, but it's important to know if the DWP still believes that money is owed. As mentioned by others, there is a difference between paying a fine in a criminal court and repaying the overpaid benefits to the DWP.

[Shoelover]

I agree with the above. It's very rare that a collection order is made for the overpayment - it's usually paid to the DWP direct.

Don't ignore this, they will just get a deduction of earnings order and take it out of her wages.

How much are they saying is outstanding? How much did she pay to the court ?