DWP claim out of the blue!

nobbymorris

Received a letter at my mum's address this week from The Department of works and Pensions demanding payment of over 200 pounds. As this request was out of the blue I called the number to ask what it was all about. The man I got throught to told me it went back a couple of years to overpaid Jobseekers allowance to which I replies I have been in my current job over four years. On checking further on his computer he told me it was June 2003!! This is the first correspondence and when I asked to have the ducumentation his attitude was you can but this is the debt department and we will not halt the process. Basically after 4/1/2012 they will send the debt collectors after me. I do not have correspondence or even bank statements that go back that far but do recall at the time that they had made a mistake giving me two debts one which I paid off and one which they wiped out saying that they had got that one wrong. I really don't know where this one has come from.
Is there anything I can do??

DCFC79

Who gave you two debts ?

Should have got it in writing that they had it wrong in 2003.

rogerblack

http://www.dwp.gov.uk/privacy-policy/data-protection/

Lets you get a full copy of your file.
I'd recommend getting a copy for JSA, and crisis loan or other funds that may have been the cause.

In addition, 2011-2003 = 8 years.
Unless they have you acknowledged this debt in writing, or paid it within 6, or 5 in scotland, then the debt is statute barred, and cannot be enforced though the courts.

_However_ - it can still be deducted from JSA or certain other benefits you may claim.

nobbymorris

Not on JSA as I work but the worrying aspect is their we're right and pay up attitude and apart from 2003 I have had no correspondence from them. They oddered me no advice whatsoever nor offered me a date to make an appeal by. I told the man you are well aware the time of year and how stretched the postal service is and you have given me no full explanation as to how this figure is acheived. Hoping to go to CAB to see what my stance is. This has really tainted Xmas for me

The_Pedant

Based on the age of the 'debt', then unless there is a CCJ against the debt I would expect it to be statute barred (assuming you haven't moved around too much).

You might like to respond with a template letter informing them that you believe the debt is statute barred. A lot of the information can be found here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act (thanks to 'fermi' for posting this in a separate post). This contains some summaries of many different types of debt (credit, tax, benefits etc) and guidance on what to do. There is also a template letter to send.