Being pursued by DWP after six years

wildcat99

Eight years ago, I was claiming income support and also had a part time job (under the rules, I was allowed to earn £15/week without it affecting my benefit). Over six years ago, the DWP contacted me and said I had been overpaid £200 income support because of my earnings. I disputed this, had endless phone calls with the job centre, sent endless letters, and, in Feb 2008, made an appeal against the overpayment.

I didn't hear another word from them and assumed - I know, stupidly naively - that was the end of it. Five years later I cleared out my files and got rid of all the original paperwork.

A couple of weeks ago (ie more than six years since I last heard from them), I got a letter from the DWP demanding the £200. They say they have no evidence that I ever appealed - it appears that the jobcentre lost my appeal - and that therefore I have to pay up. They might let me submit a late appeal, but that's impossible now as I no longer have any of the paperwork. If I don't make a payment by 14 may, they're going to send the debt to a 'private company' which may affect my credit record.

This seems utterly, utterly unreasonable. I appealed straight away, they lost the appeal, they say nothing for six years, then demand the money with menaces. I am not going to pay them money I'm certain I don't owe them, but at the same time am very concerned about this going onto my credit record. They just say the demands for payment are automatically generated and they can't stop them, even though I've made a complaint which is (supposedly) being considered.

Has anyone else experienced this kind of thing from the DWP? Any advice? I'm just about going insane with it!

cattie

The one thing you need to be aware of is that debts to DWP or the tax people never die.

They cannot prosecute you for the debt after 6 yrs, but it remains on your file as a debt for life & will either be reclaimed should you ever claim another DWP benefit, or taken from your State Pension when you retire.

If you don't get this sorted out soon then the best thing to do would be to voluntary agree a payment plan with them rather than have the debt hanging around your neck for the rest of your life.

wildcat99

Thanks, cattie. I can somewhat see the point of just paying it, but I'm certain they miscalculated and I don't owe it, and also I'm on a very low income so £200 is a considerable sum to me. And it really sticks in the craw: if I thought I owed the money I'd have paid it six years ago, but I was always certain that I didn't. Will wait and see if my complaint produces any result.

rogerblack

wildcat99 wrote: »

Eight years ago, I was claiming income support and also had a part time job (under the rules, I was allowed to earn £15/week without it affecting my benefit). Over six years ago, the DWP contacted me and said I had been overpaid £200 income support because of my earnings. I disputed this, had endless phone calls with the job centre, sent endless letters, and, in Feb 2008, made an appeal against the overpayment.

Legally speaking - if they have not responded to your appeal - the appeal is still live - if this was an in-time appeal.
The fact they have lost the papers does not change this.

Unfortunately, enforcing this right may be extremely difficult.
DWP and the tribunals service dispose of 'unneeded' paperwork quite promptly.
https://www.gov.uk/government/publications/dwp-request-for-personal-information

This would enable you to get all information held about your IS claim.

In principle, my understanding is that the proper procedure would be to contact the tribunals service to get a direction for the DWP to respond to the original appeal.
Unfortunately, this is unlikely to help.
Contacting your bank may be one option - see if they hold old data.
Do you have anyone who saw you post, or knew about the appeal?
Similarly - old phone records might be gotten by a subject access request - if they hold them - even if they won't normally give them to you.

doogle72

Hello,
April 2014 I received a letter from the debt management company on behalf of DWP stating that I have been contacted previously why I am owing £2261.32?
After speaking to them it was overpayment in 1993 and 1994 between unemployment benefit and income support, I requested more information of this debt. I have received a copy letter from 1994 saying I did not declare working while claiming income support, and a copy of the adjudicators letter which was not addressed to me.
This is all the information I have received, I have called them several times and they keep referring me to benefits office, I have called every benefits office from Hampshire, Wolverhampton, Bristol and Newcastle, they all say that the debt company hold all details.
I have sent letters asking for further details to which they haven't replied (debt company), the latest one I sent requesting information under the Data Protection Act 1998.
After yet another call to Debt management they still say that I should have disputed at the time, well how could I when I didn't know about it? It was also suggested that it was my fault for not disputing the original letter and ignoring it??
I am at my wits end, how can I prove I knew about this or not knew about it. I have asked for receipts of any benefits paid, wage slips, why have they left this so long to chase, I cannot believe that A. I didn't disclose that I was working at the time of receiving benefit and B. they are just sending me this now and cannot provide any other details.
I have tried CAD but they have only confirmed what I have done so far. I have asked for complaints office or manager to speak only too at the debt management only to be told that someone will contact me but they cant say when, not even 7 days.
Is there anything else I can do? Two letters for me are not evidence, they even put them on grey paper, as there covering letter was on grey paper too, as if to make the documents look old, one of them had a hand written date in.
I want to complain and want to take to court.


Thanks for reading it is quite a long page.


d72

rogerblack

They are extremely likely not to hold data to the level you expect.
Have you gone through the procedure outlined on https://www.gov.uk/government/organisations/department-for-work-pensions/about/personal-information-charter

What do you mean by 'the letter was not addressed to you'.
If they have sent notification to your last known address (to them - it's your responsibility to update them) - then even if you did not get it - it is adequately legally notified.
It is _not_ required to be received by you, and the appeal time limit starts ticking from then.

doogle72

Hello Roger,
The second letter was addressed to a council office in the North East. I stayed in the property for 5years after the 1st said letter was sent. I can't believe they can do this after so long, trying to get any other evidence is like blood out of stone. I am also worried that this debt will now affect mortgage application. I will try the link above.
Thank you.