Income support overpayment from about 12/14 years ago... Please help !

[archer_66]

Ill start at the beginning

 

About 12-14 years ago I was called into the income support office for a fraud interview.

I had been working but wasn't earning over the stated allowed amount.

I was self employed.

My ex husband had decided to "grass" me up as I was in a new relationship and he was very controlling and violent.

 

I took the case to tribunal back then with copies of everything they wanted

including having professional accounts done that showed I was earning within the allowed amount.

 

 

At the tribunal I was sat in front of a lady who had all my paperwork in front of her including my accounts.

She said to me she had no idea what they all meant and couldn't understand the account figures.

 

 

after I heard off them saying I was liable to pay back around £8000 I think it was (according to their recent letter)

I wrote again asking for my case to be heard by some one who could understand accounts and figures.

 

 

After a while of arguing through letter they stopped writing to me.

I thought they had sorted it out as it had just gone.

 

However about a month ago I received a letter off a different department in DWP

saying I owed them money and I panicked.

 

 

I was told by them they were putting an attachment of earnings on my very small wages.

I wrote asking from what time period and they came back with that it was from 2002/2003 !

I have no idea where I stand on this and what my rights are.

 

I am beside myself with worry, the last time the stress caused me to miscarry .

I am already having problems sleeping and feeling tired all day.

 

If it was a normal business I know they aren't allowed to reclaim money after 6 years with no contact

but as this is the government Im guessing the rules are different?

 

can anyone please help ?

im so worried I feel like crying all the time

 

PS their first letter said I owed £3500

and the second one put it up to almost £8000 !

[dx100uk]

1st port of call is getting them to prove their case

 

 

send them a free sar

get everything they have on you

then prove or disprove their case

many turn out that they actually haven't got any 'proof'

other than a simple entry years ago that says you owe it.

 

 

dx

[archer_66]

thank you for this ill do it today

[honeybee13]

I believe there's no charge for an SAR from the DWP, if that helps.

 

HB

[Conniff]

I was told by them they were putting an attachment of earnings on my very small wages.

 

If you earning are £430 or less per month after NI and taxes, they can't deduct anything. It's not called an attachment of earnings, it called a Direct Earnings Attachment (DEA).

[archer_66]

may be that's why they wrote saying that they want a cheque hen as I do earn less than £450 a month.

 

 

Ive wrote to them asking for a SAR .

 

 

Yesterday I received a letter off them which I found confusing and contradictory and was wondering if anyone had any idea on if what they said towards the end is true ?

 

in the letter it states

 

"the case has not been reopened after 10 years it has been ongoing

and there has been contact between the benefit offices and yourself to debt management in this time.

 

 

The outstanding balance was transferred to a third party private collection agency,

this meant that whilst they were pursuing recovery of the debt you would not be contacted by Department for Work and Pensions.

 

The limitations act 1980 prescribes the maximum time limit for starting or restarting action to recover a debt through courts in England and Wales.

 

 

The Act prevents civil action being taken against a customer where a debt arose, or last acknowledgment of the debt or effective recovery was more than 6 years ago.

 

 

This act does not affect our ability to recover the debt by deductions from benefit or via a Direct Earnings attachment"

 

to me this sounds confusing I have not heard off either them or a debt collection agency for at least 12 years as far as I can remember but could be longer.

[archer_66]

I saw this after I sent the letter... they cashed the cheque though