Dwp overpayment under dro

silverangel35
silverangel35 Forumite Posts: 889
100 Posts
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Hi
I'm looking for some advice if possible.
I entered into a dro back in 2014 which has now been fulfilled for many years. One of the creditors was hmrc, they passed the debt onto drysden fox who I then contacted with my dro & they passed my case back to hmrc. I then received a letter from rossendales to say they were recovering the debt for hmrc, again I sent my dro & all documents to rossendales who were satisfied the debt was not collectable & on hmrcs advice passed the case back to them. Fast forward 7 years & today I receive a letter from dwp saying they are recovering the debt on behalf of hmrc 😔 I called hrmc this evening to be told by an advisor that yes they have my dro on the system & she was not sure why this was passed to dwp other than to say "it is an old debt and they are trying to recover overpayments" then gave me the dwp debt management number to call. Unfortunately they close at 5pm so I cannot call them until tomorrow, but does anybody know where I stand with this?
They are I assume going to try for a dea which is worrying as my employer 1) will not be happy with this as I work for a financial institute & 2)any insolvencies etc should have been disclosed at the time (which I didn't do as I didn't know I had to until 2 months ago when a new contract was handed out to all employees)
I am working full time, single and am worrying that they will deduct an amount from my wage which isn't legal and which will leave me in hardship as I am on minimum wage with no benefits. 

Any advice on what I can say to dwp tomorrow when I call them that will make this case be resolved as it already should be?

Thanking you in a advance 🙂
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Comments

  • fatbelly
    fatbelly Forumite Posts: 19,213
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
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    edited 22 July 2021 at 8:05PM
    You can phone them but ideally you need to write a letter, send it first class signed for, saying

    The Tax Credit (?) overpayment of X detailed in your letter of Y was subject to Debt Relief Order (DROref) granted a.b.2014.

    You have no remedy in respect of this debt.

    The moratorium began from the date the DRO was made, (section 251G of the Insolvency Act 1986) and at the end of the moratorium I was discharged from liability (section 251I of the Insolvency Act 1986).

    If necessary contact the DRO Team in Plymouth and ask them if they will write to confirm your details.

    Of course if this was declared fraudulent through a court case or an admission in an interview under caution, or if you accepted an Administrative Penalty, then this can still be pursued.
  • silverangel35
    silverangel35 Forumite Posts: 889
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    Hi and thank you, i will get started on the letter this evening 👍

    I already have the letter from the insolvency service (debt relief order unit) stating they can confirm the moratorium period ended automatically on 26th March 2015,they say there is no certificate provided to confirm completion but I am discharged from all debts. I had to get this from them back on 3rd June 2015 to send to hmrc initially.

    Happy I saved all my paperwork!!
    Just shocked this has cropped up again, the stress & ill health it caused me back then was horrendous, I honestly thought this was all over 🙄

    But thank you again for your suggestion, very much appreciated 🙂
    Best wins
    Signed Michael Owen shirt(£350)~MinaUK Voucher(£200)~Selection of cooking books(£192.06)~Various books(£176.91)~Case of wine & 21 books(£176.73)
    May '08...Alvin & the Chipmunks DVD
    Comping since Nov '07 prize total = £1625.15 :hello:
  • sourcrates
    sourcrates Forumite, Ambassador Posts: 27,673
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    I had a similar problem, but mine was overpaid tax credits.

    They went into my DRO in 2016.

    Two years later HMRC tried for 6 months to collect the debt, when I contacted them they said oh yes, i can see your insolvency, I'll put that right, have heard nothing since.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing [email protected]. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • silverangel35
    silverangel35 Forumite Posts: 889
    100 Posts
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    I can't believe I missed out this fact from my initial post 😳 yes mine is for overpaid tax credits from 2012/2013 (inc in the dro) 

    I live in hope the same person who you spoke to is still working there 🤞 I can do without this going on for months and months and then re surface years down the line. 
     Thank you for the reassurance that they do actually listen, this will be the 4th time they have received my dro, despite the advisor telling me today that she can see it already on the system, beggars belief what they are doing there atm. 
    Best wins
    Signed Michael Owen shirt(£350)~MinaUK Voucher(£200)~Selection of cooking books(£192.06)~Various books(£176.91)~Case of wine & 21 books(£176.73)
    May '08...Alvin & the Chipmunks DVD
    Comping since Nov '07 prize total = £1625.15 :hello:
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