DWP chasing overpayment from 1998 ??

[Mrs_Guest]

I have just received a letter from DWP Debt Management saying that I owe them £111.60, and that I had been contacted previously explaining why I owe this money.

 

This was the first I had heard about it, so I rang them to find out more. Apparently they had overpaid me income support in 1998 and were wanting the money back! He couldn't give me any details about what date the overpayment was, and would have to send me the details through the post - but it's ok, he has updated my details to say I have rang them!

 

Although I was on income support around this time, in no way do I believe that I was overpaid! Also, this was at a previous address (I moved into my present address over 10 years ago) and it was also in my maiden name. This letter is addressed to Miss but in my married name.

 

I have never been contacted about this before, it is the first I have heard about it, - and pointed this out to them, but the guy at DWP insisted that they had sent me letters in 2004 and one a bit later (I can't remember the dates, as I was gobsmacked!).

 

I mentioned whether or not they could still claim this "debt" as it was 14 years ago, and they said that it only became "written off" if they had made no attempt to contact me, and they had....

 

I am not sure what to do - I don't have any outstanding debt whatsoever, and as it is only £111.60 I am tempted to just pay it, but something is really hacking me off about this.

 

Can anybody give me some of their views on this?

 

Thanks.

 

Mrs Guest

[Bazooka Boo]

Dear oh dear, DWP acting with impunity again!

 

Are you still in receipt of any benefits?

 

If not and you don't need to claim any in the foreseeable future, then this is statute Barred, he either knows this and is being dishonest, or he has no idea and needs educating.

[dx100uk]

strange didn't think DWP could be sb'ed

 

and they should know that

they should also know that 'contact' or unanswered letters do not reset the SB clock anyway!

even though it is not running on this debt.

 

dx

[Bazooka Boo]

I'll have to switch from my laptop to desktop to get the links, but benefits are subject to the limitations act, the only time they can reclaim the overpayment after six years is if you receive benefits in the future...

[cerberusalert]

A DWP debt can become SB in as much that they cannot take any legal action after the Statute of Limitations has expired. However they can deduct any monies owing from any future payments.

[dx100uk]

ok ta

 

moved thread to the benefits forum

 

dx

[Mrs_Guest]

Thanks for the quick response!

 

Does this mean you think I should just stick by my guns that they have never tried to contact me and it's too late anyhow?

 

I have not been in receipt of any benefits since 1998, and hopefully won't need to for the forseeable future. Whilst it is perfectly possible that they did overpay me, I genuinely don't know anything about it, and they have definitely never contacted me.

 

I think what I have taken from everybody's responses is that they are lying to me about the statute?

[ErikaPNP]

DWP can be statute barred but there is a lot of misconception about this. I'll strip it down.

 

They have 6 years to reclaim debt. If they don't claim within that period, the debt cannot be enforced in court. However, it can still be recovered by making deductions from prescribed benefit or state pension, regardless of how much time has passed.

 

In other words, if they haven't enforced it within 6 years then they can only get it back either voluntarily from the debtor or from the debtors benefits or state pension if they don't voluntarily repay the debt.

[Bazooka Boo]

Thanks Erika.....my my this has attracted a LOT of guests??

[Mrs_Guest]

DWP can be statute barred but there is a lot of misconception about this. I'll strip it down.

 

They have 6 years to reclaim debt. If they don't claim within that period, the debt cannot be enforced in court. However, it can still be recovered by making deductions from prescribed benefit or state pension, regardless of how much time has passed.

 

In other words, if they haven't enforced it within 6 years then they can only get it back either voluntarily from the debtor or from the debtors benefits or state pension if they don't voluntarily repay the debt.

 

Erica, thank you very much. one last question (hopefully) - what should I do if they pass this on to a debt collection agency? Would the advice still be the same, or would I have to do something different? In the letter they have sent me, they have said that if I don't pay by 3rd August, then they will consider taking further action to recover the money.

[Nystagmite]

You need to ask for information regarding this in writing.

[ErikaPNP]

My advice would be the same, if the debt is statute barred. DCA's can come across more heavy handed. If they were able to recover it in court, they would not be sending a DCA out in my opinion because Debt Management have their own litigation department, I believe. I can't see them farming it out to a DCA to enforce if they were able to enforce it themselves at a lesser cost via court.

 

However if you are very concerned or are worried that they may take it out of benefit/pension at a later date, put them to proof - write a letter stating that you would like to see evidence of the debt that they allege. In fact, I'd be inclined to submit a Subject Access Request for all information they hold on your Income Support claim for that period. The standard charge for SAR's is £10 but the DWP do not charge for them. There is a SAR template attached. They must send it to their Data Protection Unit who must comply with it within 40 days. The reason I suggest a SAR is because not only will it give you information if there is an overpayment but it should also tell you how it has been calculated and what caused it. With an overpayment that old, it may be possible that it is a non-recoverable overpayment (if an overpayment exists at all) which was a result of official error. If it is official error rather than something that you did or failed to do, then they should not be seeking recovery of it at all. If you are sending a SAR, this will go to the data protection department so you would also need to advise debt management that you are disputing the debt and want them to hold recovery on it until they send you proof (do this in addition to your SAR).

dwp sar.rtf

[ErikaPNP]

SAR doesn't appear to have attached to my last post. Here, try again. Is it below?

dwp sar.rtf

[hensteeth]

I have a debt going back to 1985 in respect of overpaid Supplementary Benefit and Unemployment Benefit.

 

They have been taking £5 a week off my current benefits since 1992 and there is still a balance outstanding of approx £2000. I will be 70 before it is cleared.

 

Quite a good result really as no interest has been charged and what with inflation over the past 20 years the government has lost out on the real value.

[speedfreek]

You need to ask for information regarding this in writing.

 

How come this thread got to post 11 before this was brought up?

 

These sort of things it's always

Send SB letter

Send SAR to force them to strict proof

Keep everything filed away safely as these things always tend to crop back up many many years down the line.

 

With the disjointed state of DWP processes, filing and computerised records held on numerous non compatible systems some badly merged into new ones, trawls that find over payments that do not exist, as it's a computer or processing error is inevitable.

[dx100uk]

closed