DWP demanding repayment of £3000 from 1983 Scam, Hoax or Real?

Canny_Scot

A friend of mine has received what looks like an official letter from the DWP showing contact details as follows:
Contact Centre Trafford
Debt Management (SF)
PO Box 171
Mitcheldean
Gloucestershire
GLq7 0XG

Tel: 0345 850 0293
Fax: 0161 904 1042

The letter states that from their records they allege the person owes £3009.65 to DWP dating from 1983 up to 2008 for various welfare/harship loans and overpayments? First question is this legitimate or a scam and Second Question can they do this?

What should she do?

Torry_Quine

She needs to contact them to get a proper breakdown of what they say she owes. Did she take out loans etc during that time. If she owes it then they are entitled to ask for it and if she doesn't agree to pay can take it from any benefit now or in the future.

Diary

They can do this yes, dates do not matter for a DWP debt and the burden of proof is on you to prove it wasn't owed, not DWP to prove you do owe it.

No-one over the internet can tell you if it's a scam or not but the phone number looks like one DWP do use.

She should phone and pay it if she owes the money.

Mersey_2

Yes, they can ask for payment; but, they cannot enforce the same in the County Court as it's more than 6 years ago.


I think they just rely on people 'phoning and admitting they owe £x.

Tiddlywinks

Mersey wrote: »

Yes, they can ask for payment; but, they cannot enforce the same in the County Court as it's more than 6 years ago.


I think they just rely on people 'phoning and admitting they owe £x.

Really? Are you sure?

nannytone_2

Tiddlywinks wrote: »

Really? Are you sure?

they can't take you to court after 6 years, but they can still make you pay, its not as simple as them 'asking' for it and then you deciding if you think you want to pay it or not.

although court action cannot be taken, they can deduct the money from any future benefits, including the state pension, or recoup it via your tax code.

one wy or the other .... if it is owed, it will be paid back

dippy3103

Go on the DWP website & get the correct address for debt management & reply to that

Mersey_2

nannytone wrote: »

they can't take you to court after 6 years, but they can still make you pay, its not as simple as them 'asking' for it and then you deciding if you think you want to pay it or not.

although court action cannot be taken, they can deduct the money from any future benefits, including the state pension, or recoup it via your tax code.

one wy or the other .... if it is owed, it will be paid back

Ha if only.


DWP aren't that clever yet. Hence £1bn in overpayments.


They are unable to recoup it via your tax code. What you're probably thinking of - they can seek an attachment of earnings but again that's for debts of less than 6 years.


You can't enforce something you can't obtain a Judgment for.


Plus obviously if you're no longer on benefits or you're self-employed, there's little they can do re aged debt.


But they are trying to recover historic debt, hence the flurry of letters that have gone out.


What has changed is that in the recent Welfare Reform Act, even if a recent overpayment is due to DWP error, it will be deemed recoverable rather than automatically written off.


But it's hoped (used to be envisaged) that with greater data sharing and Universal Credit from 2018, as well as quarterly reporting for the self-employed, HMRC will then finally be able to reduce overpayments of WTC etc. It's promised every year to the Public Accounts Committee.

nannytone_2

its strange how they applied a DEO to my ex husbands wages in 2010 for an alleged debt from 1994. so 16 years later

they took £500 a month for 8 months before they accepted that they had the wrong person.

even someone self employed will eventually retire and claim a pension

Mersey_2

Yes, the DWP do a lot of Direct Earnings Attachments (and get a lot wrong, sadly). I was referring to enforcement of CCJs by way of Warrant (bailiff) and so on - which they can't do as they can't obtain one for debts from over 6 years ago.


Incidentally, the debt recovery agents the DWP use do not have the powers of either bailiffs or High Court Enforcement Officers. Again, I think they just hope people answering the door will think that they do.

nannytone_2

really doesn't matter though , because they can get the money back one way or another