Helped I've Just Been Robbed

JohnoUK

Hi All

I am a first time poster and I need some help! I have been given my wage slip today and I found out that the DWP have slapped an attachment of earnings on me.

I have no idea what for and when I spoke to my payroll department they could give me no information and gave me a number to call. After being given the correct telephone number as I was given the employers helpline I was informed that it was in relation to social fund loans I had taken over 10 years ago. When I questioned where this had come from they could give me no information other than it relates to a budgeting loan and a couple of crisis loans. I tried to explain that I had paid the loans off and I have had no dealings with the DWP for at least 6.5 years and the guy at the Debt Management Dept of the DWP explained the last payment on the budgeting loan was made in 2005 which left a mere £10 left to pay. So I then questioned how much they are saying I owe he replied £380. When I asked how can that be when the loans were paid as far as I am concerned he said that it is what is showing on his system, I than asked him to provide me with a detailed statement showing why I owe the money to which he replied he would not be able to do that but could instead send me a letter stating what I owed to which I explained that is not good enough as I don't believe I owe anything.

I then asked if the debt is only £380 why they have taken £180 from my salary to which he explained they just take a percentage. I asked him so why have they not taken into account the fact I already have an AoE for CSA payments for maintenance and surely that would take precedence he didn't reply.

He said the power of the Welfare Reform Act gave him the right to take the payment from my salary?

My questions are as follows:

1) how can they get an attachment of earnings on a debt that is over 6 years old? Surely it is statue barred under the limitations act?

I know the Limitations act has limitations in relation to DWP in as much as they can take payments from any future benefit payment however I am not claiming any benefits?

2) Why are they able to take money from my salary when they have no proof that I actually owe it.

3) Why have they taken a full payment without taking into account the fact I have an existing AoE for my child maintenance payments through the CSA.

Thanks In Advance

Robbed Blind In Manchrester

SailorSam

You're going to have to find some proof that you paid, all that time ago.
Don't suppose you've got any sort of receipts.

missapril75

Such a method of recovery generally only happens when all other possibilities have been ignored.

Letters go out asking for proposals to repay when they are unable to recover by deductions because there's no benefit to deduct from.

These approaches are often ignored or never seen where contact details are not updated. Eventually the debt catches up with someone.

An attachment to earnings, therefore, is generally where someone has not been cooperating previously.

And you say you already have one from a different source.

Londonsu

JohnoUK wrote: »

Hi All

I am a first time poster and I need some help! I have been given my wage slip today and I found out that the DWP have slapped an attachment of earnings on me.

I have no idea what for and when I spoke to my payroll department they could give me no information and gave me a number to call. After being given the correct telephone number as I was given the employers helpline I was informed that it was in relation to social fund loans I had taken over 10 years ago. When I questioned where this had come from they could give me no information other than it relates to a budgeting loan and a couple of crisis loans. I tried to explain that I had paid the loans off and I have had no dealings with the DWP for at least 6.5 years and the guy at the Debt Management Dept of the DWP explained the last payment on the budgeting loan was made in 2005 which left a mere £10 left to pay. So I then questioned how much they are saying I owe he replied £380. When I asked how can that be when the loans were paid as far as I am concerned he said that it is what is showing on his system, I than asked him to provide me with a detailed statement showing why I owe the money to which he replied he would not be able to do that but could instead send me a letter stating what I owed to which I explained that is not good enough as I don't believe I owe anything.

I then asked if the debt is only £380 why they have taken £180 from my salary to which he explained they just take a percentage. I asked him so why have they not taken into account the fact I already have an AoE for CSA payments for maintenance and surely that would take precedence he didn't reply.

He said the power of the Welfare Reform Act gave him the right to take the payment from my salary?

My questions are as follows:

1) how can they get an attachment of earnings on a debt that is over 6 years old? Surely it is statue barred under the limitations act?

I know the Limitations act has limitations in relation to DWP in as much as they can take payments from any future benefit payment however I am not claiming any benefits?

2) Why are they able to take money from my salary when they have no proof that I actually owe it.

3) Why have they taken a full payment without taking into account the fact I have an existing AoE for my child maintenance payments through the CSA.

Thanks In Advance

Robbed Blind In Manchrester

First of all send a subject access request


https://www.gov.uk/government/publications/dwp-request-for-personal-information


This will be free and should give you all the info they have on you inc the debt and payments you have made.


Sorry they have changed the rules it is statue barred under the limitations act but that only means they cant pursue the debt through the courts they can make an attachment of earnings and they can take from future benefits, they are doing this a lot now as part of the GOVs drive to get benefits down is to claw back any money owed.


I have also attached a link to the employer guide


https://www.gov.uk/government/publications/direct-earnings-attachments-an-employers-guide


Its not clear if its the employer who sets the amount or the DWP, have a read at least you will know the why and how your employer has done this

billywilly

JohnoUK wrote: »

.... When I asked how can that be when the loans were paid as far as I am concerned he said that it is what is showing on his system, I than asked him to provide me with a detailed statement showing why I owe the money.

My questions are as follows:

How can they get an attachment of earnings on a debt that is over 6 years old? Surely it is statue barred under the limitations act?
Why are they able to take money from my salary when they have no proof that I actually owe it
Taxpayer robbed blind by Robbed Blind In Manchrester

I appreciate that it might well be 10 years ago, but to be honest most people I know would remember if they were owed money from 10 years ago.
It is not for the DWP to prove that you owe this money, it is for you to prove that you have paid it, in full, already.

Either pay it through your wages, send them a cheque for the full balance now, or prove that they are wrong.

Taxpayers like myself would like to be satisfied in the knowledge that any money owing to the DWP is repaid.

konark

It is not for the DWP to prove that you owe this money, it is for you to prove that you have paid it, in full, already.

Yes the DWP are now judge, jury and executioner. and you are guilty until proved innocent.

The 'Direct Earnings Attachment' has meant they don't need to bother with tedious little things like the process of law or going to court to prove that money is owed. They only have to convince themselves of your liability and they can use their bully-boy tactics of taking benefits and even wages without even asking you, and your employer has a legal requirement to pay them whatever they demand. And all in the name of some spurious crusade to save the taxpayer money, which they could have achieved more succesfully by being 'competent' and collecting the money back 10 years ago when all parties could remember what was owed.

Yes , you have been robbed, we've all been robbed of our rights to legal redress by this Government.

Londonsu

konark wrote: »

Yes the DWP are now judge, jury and executioner. and you are guilty until proved innocent.

The 'Direct Earnings Attachment' has meant they don't need to bother with tedious little things like the process of law or going to court to prove that money is owed. They only have to convince themselves of your liability and they can use their bully-boy tactics of taking benefits and even wages without even asking you, and your employer has a legal requirement to pay them whatever they demand. And all in the name of some spurious crusade to save the taxpayer money, which they could have achieved more succesfully by being 'competent' and collecting the money back 10 years ago when all parties could remember what was owed.

Yes , you have been robbed, we've all been robbed of our rights to legal redress by this Government.

Debt recovery was in place well before the Tories were in power, my Sister had a debt recovery letter from the DWP in Feb 2010, I know this date is correct as Hubby and I sold our house in Feb 2010 and as a result had a bit of spare cash that we gave her to pay it off that of course was under a Labour government


In 2012 there was a report that said over £20billion was owed to the government with government shockingly simply writing off around £7 to £8 billion every year in uncollected debt.


https://www.gov.uk/government/speeches/tackling-debt-owed-to-government-speech-by-francis-maude


All the OP needs to do is send an SAR I provided the link to help them.

dori2o

JohnoUK wrote: »

Hi All



My questions are as follows:

1) how can they get an attachment of earnings on a debt that is over 6 years old? Surely it is statue barred under the limitations act?

I know the Limitations act has limitations in relation to DWP in as much as they can take payments from any future benefit payment however I am not claiming any benefits?

2) Why are they able to take money from my salary when they have no proof that I actually owe it.

3) Why have they taken a full payment without taking into account the fact I have an existing AoE for my child maintenance payments through the CSA.

Thanks In Advance

Robbed Blind In Manchrester

1) There is no Statute of Limitations on DWP debts, if they are outstanding then they are always recoverable. It‘s the same with tax etc and in fact most ‘debts‘ owed to the state.

2) The rules are different for monies owed to the State compared to amounts owed which have arisen following contractual transactions.

In cases where the State believes it is you who owes the debt, then it is your responsibility to prove it does not exist.

3) I‘m afraid I don‘t know the answer to this.

However, I wouldn‘t stand for the response that has been given following your request for information regarding when there loans were given and how much was paid back. They will have the information and they have a duty to provide it.

As suggested above you can make a request under the Data Protection Act to request this information and you should do this, however, I would call again and ask again for this information. If it is not forthcoming demand to speak to a manager or customer complaints officer.

missapril75

konark wrote: »

The 'Direct Earnings Attachment' has meant they don't need to bother with tedious little things like the process of law or going to court to prove that money is owed.

It's only got this far because the legal procedures have already been followed and all else has failed to result in repayment.

There will have been several letters before now and had they been responded to, the necessary objections (or more reasonable repayment rate) could have been advanced then.

The only realistic way the repayments may have been made but not recorded would be if the OP was at some point paid "clerically" ie off the computer system and deductions from benefit may then not show up, because the computer records no claim to have deductions from.

FBaby

I tried to explain that I had paid the loans off and I have had no dealings with the DWP for at least 6.5 years and the guy at the Debt Management Dept of the DWP explained the last payment on the budgeting loan was made in 2005 which left a mere £10 left to pay.

So are you agreeing that you still owed some money, just not the full amount? From a principle stand in terms of being robbed, either you owe money still or you don't. If you've gone from saying that you owed nothing to saying oh yes ok, there was £10 left to pay, it does put doubt that you indeed don't owe a few £££ with the crisis loans you took that might indeed amount to £380 in total.

Personally if it was me and I was absolutely certain that I had paid everything, I would have been straight at my bank and getting copies of bank statements to prove all the payments were made, if only for the satisfaction of proving them wrong and getting an apology.

giddypenguin

Although I understand what you are saying - but I'd rather they focus their efforts on the billions of tax evaded by corporations and wealthy individuals (who apparently gain the right to negotiate their tax bills) than these often small amounts owed by often vulnerable people.