Benefit overpayment 20 years later..

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.


I hav also applied for FReedom of information, but now received another letter demanding payment or attachment to earnings order applied and they will do this without my consent. It seems thatno one will listen in the Debt Management and that i want history of this.

Housing_Benefit_Officer

https://forums.moneysavingexpert.com/discussion/4965868

You have a thread on this already?

pmlindyloo

To dispute this debt you will have to have evidence to show that you were not working and claiming benefits during the year in question.

You may be able to show proof of this through bank statements of the year in question. (get them from your bank).

The DWP have very wide ranging powers and this debt will have been flagged up through their cross communications through other departments (HMRC for instance)

The fact that letters have gone astray/not been received is not enough reason to make this debt go away.

Although this debt is statute barred (you cannot be taken to court unless they already have a CCJ against you) the DWP can still call in the debt and use an attachment of earnings.

http://www.jacksons-law.com/news-details/items/dwp-can-recover-benefit-overpayments-by-instructing-employers-to-make-deductions

Yes, it is an incredibly long time but that is usually not enough reason to have the debt written off.

The onus is on you to prove that you do not owe the debt. Can you do this?

rogerblack

pmlindyloo wrote: »

The onus is on you to prove that you do not owe the debt. Can you do this?

This is not as I understand it correct.
The onus is on them to prove that they do.
The problem is that they proved they did (they believe) prove this in 1994, and you will have had some months to appeal this decision - perhaps up to 1995.
As long as they can decide - on the balance of probabilties - that you probably were notified to the relevant address (you do not have to have got this) at the time, so you could have appealed - you cannot now challenge this decision.

While in principle there are legal avenues to challenge this - Judicial Review - for example - you will be very lucky to get change out of 50 grand with an attempt.

Sncjw

Housing_Benefit_Officer wrote: »

https://forums.moneysavingexpert.com/discussion/4965868

You have a thread on this already?

This is a different one. The other post is about £200 not £2000 and this post is about a debt from 20 years ago not 6

doogle72

Thank you all for responses, I cannot provide any answers as I do not hold any paperwork nor did I have a bank account back in those days. Also I have relocated from North to South East. I have asked them for all documents under the consumer credit and Subject access request, but as of yet they have not sent me anything and it has been over 30 days since my first request. I have agreed to pay £5 per month until I can see all the evidence. (at the time in question I was also a prolific drug and alcohol user hence no memory) . But even that was under duress as I keep asking for it to be paused for a while until I review all documents. But no-one seems to want to help. Yet again 24hrs later I am waiting for another call back, as it seems everything I do is getting ignored. I have also cancelled my mortgage application because of the debt, and now cannot afford to buy as due to the debt it has shaved a significant amount off what I was attempting to borrow, and that was only 80k for a small one bedroom flat. I am not made of money and its frustrating that they can pounce after all this time. I am not shirking responsibility as such but they could have found me sooner, I have no recollection of this. now find this heartbreaking. So basically I have to pay.

[Deleted User]

peronally i would see my MP see if they can get any info that might help,i would also be tempted to say sod it take me to court,but i suspect that as you are paying £5 a month that avenue is closed

pmlindyloo

woodbine wrote: »

peronally i would see my MP see if they can get any info that might help,i would also be tempted to say sod it take me to court,but i suspect that as you are paying £5 a month that avenue is closed

The OP cannot be taken to court as this debt is statue barred.

Unfortunately for the OP the DWP now have new powers which mean that they can enforce an attachment of earnings without getting a court order. (See my link)

doogle72

Hello,

I have emailed my MP and some MP's in parliment but no replies as they are all on holiday. I did sent a 'statute barred' letter 14 days ago, but no response either, they won't stop to take to court, the Debt management will just apply for attachment to earnings order.
But at 7.45pm last night i did get a call back and was told "that the box is ticked on the computer to hold further action as my origonal letter back in May (request for information) should have been responded to within 28days, and that have have been let down by the team" The person was a team leader is currently contacting the data protection team to get all the information sent. I am thankful that there is a pause on the situation and that hopefully get everything, apparantly i should have received a full file with all documents.
In the letter to my MP i requested that the procedures are looked into when recovering this type of debt over such a period of time, and more thought is given as to how they proceed. Will probably get shredded though.
Thanks again for all responses, i will keep with the updates, as even though it looks like i will have to pay the debt.