Is my debt partially statute barred?

DarkConvict

Looking on the web.

This article seems to sum up a fair bit about it, and some posts at the CAG forums agree - http://www.lemon-co.co.uk/article_overpayments.php / http://www.ussu.info/advice/content/33645/get_advice/_online_advice/employment_rights/overpaid_wages/

Basically, you must show that you are disadvantaged by the recovery (you spent the money believing it was yours),
you did not know you were been overpaid (you submitted correct details or the amounts were unnoticeable),
the overpayment was a fault of the employer, (you submitted the correct details but they still gave you the wrong entitlement)

property.advert

My initial reaction is that this is an administrative error and should just be forgotten about but I would not be contacting them to admit I had even received their post. There is no credit agreement so it is not as if they can threaten you with blackening your credit record. That is a major advantage to you.

I think I would let them stew but do my own research. If it is the civil service then you will not be the only one affected and in any case, the longer you refuse to acknowledge it, the more becomes time barred and 2014 is not that far away !

I would not be paying and I am pretty sure that if I thought I would have to, I would not ever acknowledge the receipt of any letter. File 13.

handyman123_2

Onetime wrote: »

Thank you for your help. The Employer was the Civil Service and I finished there in 2008. The allowance was Inner London Weighting, I do not know if that is taxed or not. They say I should have been on Intermediate London Weighting after I moved in 2000. Checking the other day we only fell half a mile outside the inner London 5 mile zone, I do not think there is any leeway, you are either in the zone or outside it. It is ten years ago, I don’t know if I indicated that I was going to a Inner London location or if this was decided for me.

I have gone to CAB who mentioned statute barred and gave me a couple of handouts but I do not think I qualify for free advice. So I am trying to consider the best way forward.

Hi Onetime, I believe that this benefit would have been partially taxed, I'm not an expert, but at some time in the past I recieved a similar benefit.
It was based like milage allowance so much at one rate of tax so much at another. This may by a digression but thats why I aske if it was a nett or gross figure as I would hate to pay back money that I had allready paid tax on. Would Customs and Revenue rush to tell you you had overpaid?
Na -no chance.

if it were me I would be like the MP's and thiere expences and tell them to Stuff it! It was theire mistake not yours.

Best wishes, handyman123.

DarkConvict

property.advert wrote: »

My initial reaction is that this is an administrative error and should just be forgotten about but I would not be contacting them to admit I had even received their post. There is no credit agreement so it is not as if they can threaten you with blackening your credit record. That is a major advantage to you.

If the overpayment is recoverable, they can get a CCJ against it. A CCJ does more damage to your file than a default. So they can blacken your credit report for 6 years if it goes to court.

josie836

I presume you gave them your address at the time so did they decide that you were in the inner London zone or was it your responsibility to make sure which zone you were in. Is it reasonable to expect you to know the weighting areas in such detail? If not it was their mistake and they should stand to it after this length of time.

DVardysShadow

Onetime wrote: »

Thank you for your help. The Employer was the Civil Service and I finished there in 2008. The allowance was Inner London Weighting, I do not know if that is taxed or not. They say I should have been on Intermediate London Weighting after I moved in 2000. Checking the other day we only fell half a mile outside the inner London 5 mile zone, I do not think there is any leeway, you are either in the zone or outside it. It is ten years ago, I don’t know if I indicated that I was going to a Inner London location or if this was decided for me.

Was this allowance based on where you lived or where you worked? I don't know if it makes a difference - but it would be interesting to know.

Also, was it pensionable? Put this together with tax and national insurance, it is going to take a while to get to the bottom of what might be owed.

Onetime_2

Well I contacted my old pay office by phone and they tell me this is only part of the process. They wish me to write a letter stating any mitigating facts as I see them. This will be then passed on for adjudication and the decision could be good faith or a substantial reduction. The person I spoke to is quite trustworthy so I am sure that is what will happen.

So my intention now is to send of a letter next week. Now I know that sets the clock on the 6 year rule, but the alternative would be to see a solicitor straight away costing money. Which would set the clock going anyway.

My idea is to wait and see what that adjudication says first, but I could write the letter through a solicitors. What do you think?

Acas was of little help as I left work 2 years ago, the Debt helpline confirmed what I had heard elsewhere from CAB and yourselves. Thanks for your help so far.

I am sounding out some solicitors in case I do decide to write the letter through them. The first solicitors I approached wanted £1000 on account before they started, charging £200 an hour. So I am looking elsewhere now!

Onetime_2

So do you think I should try the adjudication first? Thanks for mulling it over.