DWP Attachment of Earnings Whilst Bankrupt

[daz1uk]

Hi,

 

I'm hoping somebody here may be able to advise me.

 

I have recently become bankrupt at the end of May.

 

The DWP have just sent me a letter claiming an attachment of earnings to cover an old social fund loan.

 

I did include this in my list of debts on the bankruptcy application.

 

Can they still go ahead with the attachment of earnings depsite my bankruptcy?

 

Thanks

[obiter dictum]

My own opinion, and only my opinion is that a debt to the social fund is a government debt like tax and never becomes timed barred.

They can chase you until you die, Bankrupt or not

[dx100uk]

how old is the loan?

 

have you put them to strict proof to prove the data they have?

 

might be an idea to send them the free DWP sar on their site.

 

dx

[Andyorch]

Which debts are included in a bankruptcy?

 

You may be wondering what types of debt are included in bankruptcy. Bankruptcy writes off most types of debt, but not all of them.

 

Some debts included in bankruptcy are:

 

Credit cards

Utility arrears

Store cards

Overdrafts

Catalogue

Benefit overpayments (if they’re not fraudulent)

 

If you forget to list a debt in your bankruptcy application don’t worry. The debt will still be included in your bankruptcy. It’s always best to be honest with the official receiver or trustee looking after your bankruptcy, so let them know about any debts you’ve forgotten to include on your forms.

[colin11]

how old is the loan?

 

have you put them to strict proof to prove the data they have?

 

might be an idea to send them the free DWP sar on their site.

 

dx

 

It doesn't make much difference to the DWP

 

4 weeks ago i got a letter from the DWP saying that i owed £104.71, Which was a bit of a shock as i haven't claimed any benefits for over 30 years

 

I rang them to question it and they said that they have no idea what it was for, Only that it was from 1984 and i owed it

 

2 weeks later it was deducted for my wage

 

It seems all they need is the computer to say you owe it, And there is nothing you can do about it

[dx100uk]

no..they must prove the supposed debt.

appeal it

[stu007]

Sadly with Bankruptcy (Insolvency) this is one Debt that although you added it to your application for Bankruptcy would have been exempt as its a Government Debt so DWP can chase you for it.

 

Have a look at this link: https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch37-48/chapter40/part8/part8.htm

 

Now that does not in any way stop you challenging this Debt with DWP and as dx100uk has stated they need to prove the debt. (Remember the Government changed the Benefit System and DWP Computers were also changed and Updated with numerous issues, so either this Debt is on the new system or they can recover it from the old systems to prove to you it exists)

 

You need to Challenge DWP to Prove this debt get a SAR into them: http://www.consumeractiongroup.co.uk/forum/showthread.php?406188-DWP-Subject-Access-Request-From-(SAR)-**Updated-March-2014**

[Andyorch]

Ah didnt see in the initial post "Social Fund "...cant be included then.

 

 

Andy