DWP chasing 20 year old alleged DSS debt

cymrulady

Please advise! DWP chasing me, now quite vigorously, for very old debts. I cannot say for certain that I don't owe overpayment of JSA going back some 13 years but have no recollection of being overpaid - however, if I was, I will pay up. But I can say categorically that I do now owe another substantial sum, approx £600.00, in overpaid Income Support from 1990. My ex has, it appears, at some point written to the DWP - or the old DSS - (don't know when) to say that he paid me maintenance whilst I was getting IS. I got IS for a short period following divorce but got a job and re-married.

I did not get maintenance from my ex. Quite simply did not. I spoke at length to someone from debt management last Summer and he agreed that in the absence of proof and there is none from that period (the old DSS is no longer and the office closed long ago in our town) bar a hand written note from an officer from that period, that they would have to drop this part of the overall debt. Chased yet again, I appealed and have just heard, that was unsuccessful. I have now asked for this to be looked at again - a sorry tale - perhaps I should make some arrangement vis a vis the JSA debt (cannot say either way if that's owed but will accept as the info is much more recent) but where do I go re this alleged IS debt? I have a very seriously ill child - mentioned that in my letter - which I know doesn't give me immunity but is a factor in that I am clearly pre-occupied with him.

Thank you!

speedfreek1000

The good news is that debt over 6 years old and therefore is statute barred. This means that they can not take any legal enforcement action (Courts, Debt Collector, Bailifs etc). Although they may be naughty and try it on they know this too. The bad news is they may try and recoup it from present/future benefit payments but they can not legally recover this debt by any other means.

What you need to do is put them to proof;

Send them 2 recorded delivery letters.

1st one saying that you dispute these debts and requesting proof that the debt exists.

2nd one is SAR (Subject Access Request) requesting all their records for your claim/s it's - free and a templates can be found googling

sar dwp template

just modify it to your needs or look here https://forums.moneysavingexpert.com/discussion/comment/35091009#Comment_35091009

Jowo_2

Benefit Overpayments & Social Fund Loans

The Department of Work & Pensions (DWP) has 6 years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over 6 years old as they don’t need to go to court to do this. This applies to overpayments of benefits such as income support, job seekers allowance, pension credit, housing benefit, council tax benefit and paying back social fund loans.

http://www.insolvencyhelpline.co.uk/debt_factsheets/liability_for_debts_and_the_limitation_act.php#11

cattie

Jowo is right. Also, If a debt is still outstanding when a person dies, DWP have the power to claim the outstanding amount from the estate of the deceased. So, in short, a DWP overpayment debt never dies.

You can try to agree to make reasonable monthly payments to them towards the amount they are saying you've been overpaid. They will send you a form on which you can state the amount you wish to be deducted from benefits & providing they believe it's reasonable considering your income, they will agree to the payments.

mansel92

Even though its over 6 years the can get it back
Ive just had it ?
And they have started to take it out of my £52 a week carers allowence
They are a law unto themselves
Id not had any letters or contact from them for 10yrs alll i remember was i signed of when i got a ne contract
But they stated they overpaid me ?
Thats called being British ?:beer: