An overpayment from 3 years ago help!

darkcloads

Hi
Just received a letter from DWP about a Jobseekers overpayment from Feb 2009 with one of those bank giro slips attached but with no indication of ammount.
I had, back then, given evidence with the help of the CIB to prove this wrong and it worked...received a letter telling me they were not taking it further.
Now 3 years on and bang here we go again....and now i have not kept anything ,evidence wise...any body able to give me some advice would be most welcome.

darkcloads

Hi again
Sorry...I have just realised that I went bankcrupt shortly after this overpayment and I seem to remeber it was included in the bankruptcy....so Im paniking over nothing I think:)

bestpud

How could it be included in the bankruptcy if it was written off shortly beforehand? Surely you still had the letter then so wouldn't have included it?

I didn't think benefit overpayments could be included in a bankruptcy anyway but I may be wrong.

cattie

bestpud is correct, benefit overpayments are not included in a bankruptcy. Nor is there any time limit on DWP claiming back overpayments.

darkcloads

ah...right...damn I thought it was...well the CIB told me at the time it would be anyway....thanks guys...looks like im going to have to pay:(

darkcloads

hi again guys
I just read this...

Where overpayments are made before the bankruptcy order, but a decision is made to recover them after the bankruptcy order, then the debt remains after bankruptcy discharge.
In the case where the overpayment is made and recovery sort before the bankruptcy order then debt is included in the bankruptcy. The exception to this is overpayment due to fraud, in which case recovery can by enforced despite bankruptcy, whenever the overpayments were made...........

they had already tried to get this overpayment before my bankruptcy...and on their recent letter they state

'further to the request about the overpayment to be looked at again....we have looked at all the evidence and facts we used to make our decision and looked at the points raised ...as a result we have not changed out original decision'.

any thoughts?....
sorry but im just panicking....its the 'In the case where the overpayment is made and recovery sort before the bankruptcy order then debt is included in the bankruptcy'....its that part which im not too clear about

darkcloads

Hi again
Right so am I right in thinking that if you were informed by, in my case the DWP, about the overpayment before bankruptcy then it still should be included in the bankruptcy?.