DWP claiming I owe them £11k in overpayment of income support from 16 years ago! They've applied for DEA! Help!

[nikkikitch]

Hi

 

When I was at university as a single mum, I claimed income support, which you're entitled to do. This was back in 2001-2004!

 

The DWP have contacted me a couple of times over the years saying I fraudulently claimed and didn't declare I was a student. I absolutely did and in any case I would've still been allowed to get income support.

 

They have now written to me to say they have asked my employer to commence deductions from my earnings. The debt is over £11,000!

 

My understanding is that a debt becomes statute barred after 6 years so are they allowed to take this form of action? Ive appealed their decision twice over the years and they've dismissed it, the last time they didn't even look in to it, my bet is because they don't have the paperwork anymore!?

 

I dont actually owe them anything, it clearly says in law that you can claim income support if a student and a single parent so I don't understand it!

 

Can anyone help?

 

Thanks

[sgtbush]

Benefit overpayments are caught by the Statute of Limitations after 6 years. This includes overpayments of income support, job seekers allowance, pension credits, housing benefit, council tax benefit and social fund loans.

 

Having said that even if benefit overpayments becomes unenforceable they can still be recovered by withholding future benefit entitlements

[nikkikitch]

OK thanks. But what do I do about the DEA? It's actually my company, I'm a director so I can hold off making the payment but what are the legal implications? It says in the letter that the company is required by law to make the payments. Ive requested proof of the overpayment three times over the years and they haven't been able to provide it!

[sgtbush]

Not sure, seek advice.

But I would think you cant wear two hats at the same time.

You as company director must comply with lawful instruction and your not party to the reasons why, just to comply.

 

You as the named party must fight it and stop it.

 

Id Sa if the company gets an order to make deductions you must do it.

[nikkikitch]

If they're ignoring my requests for proof then what more can I do? Official complaint route and take it to the ombudsman maybe? If its dismissed again though what are my options? They can't just claim I owe them £11k with no proof!

[nikkikitch]

And also, they don't have a court order for the attachment of earnings so it's unenforceable?

[sgtbush]

You fight it as the person but if the company gets legal paprwork ordering deductions then I would avise to pay so asca company director you dont get in trouble.

But as the person fight it and then get payments back.

 

Seek legal advice

[dx100uk]

Don't need a court order

 

Go on their site

Fill out the free sar

Make sure they can prove it

[sgtbush]

DWP dont have to go to court as they are a government body.

That's why they can still recover benefits owed after statute Barr rules by reducing future benefit payments after 6 years.

Simple google search tells you that info

[sgtbush]

Dx, with respect your advice has not answered the question posed by the poster.

 

The op is asking for advise on the DWP say 11k is owed. Appealed and dismissed.

Company now recievd instructions to deduct from earnings.

Company is owned by alleged debtor.

 

SAR the DWP, yes agreed but it seems that all efforts to get info has not been forthcoming.

 

So the question now posed is.

The company has recieved instruction to make deductions and the legal implications of not doing so.

[nikkikitch]

I meant how could they make the company pay if they don't have an order in place? I know what you're saying, I don't want the company to get in to trouble, but equally what can they do if I don't pay? They can't take the company to court as it's too old a debt?

[Skinnered]

Hello Nikki, Could you say what DEA stands for here?

 

You say the company is yours and that you are a director. Is the company registered as a sole trader, partnership, or what?

 

The relationship between yourself and the company appears to be blurred, are you the employer or the employee? From what you've written it looks like you are both depending on whose perspective you look at it.

 

The fact that they are reluctant to provide evidence sounds dubious. Have you tried demanding what they claim to be evidence with your owner/company head on before a penny is parted with?

 

With your employee head on you could make a SAR request for all records they hold on you covering the period in contention. They are obliged by law to provide same within a month or so.

[nikkikitch]

So if they can't prove it, what are my options?

[sgtbush]

OK thanks. But what do I do about the DEA? It's actually my company, I'm a director so I can hold off making the payment but what are the legal implications? It says in the letter that the company is required by law to make the payments.

 

 

Make payments}

 

 

Ive requested proof of the overpayment three times over the years and they haven't been able to provide it

 

 

 

Was that as the company ( not entitled to the info) or as the person (entitle)!

 

I cant colour my responses to the breakdown of the quoted passage. I've put spaces to try to clarify

[nikkikitch]

Sorry, direct earnings attachment.

 

 

We are a limited company and I'm a director so technically I am an employee of the company yes.

 

Ive asked them three times why they think I owe them the money and each time they've replied with it's because I didn't declare that I was a student so I shouldn't have been entitled to income support which is wrong. I was a single parent and so I was entitled. I have written in and appealed twice and they've dismissed it but with no grounds.

 

I only got the letter today but thats a good idea, shall I write to them from the company saying that I claim that I don't owe the money so they're reluctant to go ahead without proof? It says the company is legally responsible for setting it up though. Im just wondering without a court order and now they're out of time and can't go to court, what else can they do?

[nikkikitch]

Ive appealed as me the person, the company has never been involved before now.

[sgtbush]

I meant how could they make the company pay if they don't have an order in place? I know what you're saying, I don't want the company to get in to trouble, but equally what can they do if I don't pay? They can't take the company to court as it's too old a debt?

 

 

The company could be fined for non compliance

[sgtbush]

Dont wear your company hat.

 

Tell the DWP that you'll fight them in court over it if you feel your entitled to the money.

 

But if your company disregards the DEA then the company, irrespective of if the money is owed or not, could face fines fr non compliance. There may be worse implications than that as well.

 

Your blurring the lines and boundries of your two responsibilitys.

 

 

Like it matters not a jot if an employee tells the company they don't owe the money. The company must pay. If found in favour of the employee at a later date then a refund is given

[nikkikitch]

OK got it from the companies perspective. But what about as the person ha, if they can't provide proof how do I get the action stopped?

[sgtbush]

shall I write to them from the company saying that I claim that I don't owe the money so they're reluctant to go ahead without proof? It says the company is legally responsible for setting it up though?

 

You wont get an answer.

The company is not entitled to know the reasons why. DPA act.

[sgtbush]

OK got it from the companies perspective. But what about as the person ha, if they can't provide proof how do I get the action stopped?

 

 

SAR them. Look at the info, compare that info and your circumstances with the relevent law at the time.

Tell them to take you to court and you'll fight them .

Get legal advice

[nikkikitch]

OK thank you.

[nikkikitch]

any ideas on how to stop the action? from what I gather, I should complete a SAR and a formal complaint, but what if I don't get anywhere?

[sgtbush]

I would contact a solicitor and get them to send a prove it letter and if they don't or cant then cease and desist.

You really need professional advice as seen as they claim 11k and they are sending dca letters to your company

[dx100uk]

You mean DEA...

Not DCA...

 

Well as the payroll is every month on the say 23rd (isn't it!!)

There's a good few weeks to run

The DWP don't know when payday is...

Even if there is one...