Dwp threatening letter

TM74

Been getting letters from DWP (collections department) claiming that I owe them money from 1998, for an over payment , I actually thought it was paid off but a few years ago they started sending me letters demanding payment, I thought it was a scam so ignored but not they are saying court action is inevitable unless I pay.

Thing is how do I know they aren't wrong and I did pay up, this was 20 off years ago ! Can I demand evidence that backs up their claim ? 

Dazed_and_C0nfused

TM74 said:

Been getting letters from DWP (collections department) claiming that I owe them money from 1998, for an over payment , I actually thought it was paid off but a few years ago they started sending me letters demanding payment, I thought it was a scam so ignored but not they are saying court action is inevitable unless I pay.

Thing is how do I know they aren't wrong and I did pay up, this was 20 off years ago ! Can I demand evidence that backs up their claim ? 

I suspect it's you who needs to provide evidence to back up your claim.  Assuming you don't think you owe it.

TM74

But with it being years ago, I don't have a shred of evidence, I've forgotten about it, they claimed I paid so much but then there is still some outstanding.
The thing I don't get it why they just popped up after years demanding it ? 
If it went to court what would my chances be ? 

calcotti

TM74 said:

The thing I don't get it why they just popped up after years demanding it ? 

Because they have been tasked with recovering outstanding debt.

HillStreetBlues

TM74 said:

Been getting letters from DWP (collections department) claiming that I owe them money from 1998, for an over payment , I actually thought it was paid off but a few years ago they started sending me letters demanding payment, I thought it was a scam so ignored but not they are saying court action is inevitable unless I pay.

Thing is how do I know they aren't wrong and I did pay up, this was 20 off years ago ! Can I demand evidence that backs up their claim ? 

They can't take you to court as it  debt is statute barred and they shouldn't be threatening court action.
Reply to them with a "cease and desist"  letter as they will know that this letter shouldn't be sent out.

Unless you can prove the debt isn't  yours they can take it off  Some benefits in the future.

F70

HillStreetBlues said:

TM74 said:

Been getting letters from DWP (collections department) claiming that I owe them money from 1998, for an over payment , I actually thought it was paid off but a few years ago they started sending me letters demanding payment, I thought it was a scam so ignored but not they are saying court action is inevitable unless I pay.

Thing is how do I know they aren't wrong and I did pay up, this was 20 off years ago ! Can I demand evidence that backs up their claim ? 

They can't take you to court as it  debt is statute barred and they shouldn't be threatening court action.
Reply to them with a "cease and desist"  letter as they will know that this letter shouldn't be sent out.

Unless you can prove the debt isn't  yours they can take it off  Some benefits in the future.

Government debt never becomes statute barred

HillStreetBlues

F70 said:

HillStreetBlues said:

TM74 said:

Been getting letters from DWP (collections department) claiming that I owe them money from 1998, for an over payment , I actually thought it was paid off but a few years ago they started sending me letters demanding payment, I thought it was a scam so ignored but not they are saying court action is inevitable unless I pay.

Thing is how do I know they aren't wrong and I did pay up, this was 20 off years ago ! Can I demand evidence that backs up their claim ? 

They can't take you to court as it  debt is statute barred and they shouldn't be threatening court action.
Reply to them with a "cease and desist"  letter as they will know that this letter shouldn't be sent out.

Unless you can prove the debt isn't  yours they can take it off  Some benefits in the future.

Government debt never becomes statute barred

Yes they do, I suggest you look up the meaning of statute barred.

peteuk

HillStreetBlues said:

F70 said:

HillStreetBlues said:

TM74 said:

Been getting letters from DWP (collections department) claiming that I owe them money from 1998, for an over payment , I actually thought it was paid off but a few years ago they started sending me letters demanding payment, I thought it was a scam so ignored but not they are saying court action is inevitable unless I pay.

Thing is how do I know they aren't wrong and I did pay up, this was 20 off years ago ! Can I demand evidence that backs up their claim ? 

They can't take you to court as it  debt is statute barred and they shouldn't be threatening court action.
Reply to them with a "cease and desist"  letter as they will know that this letter shouldn't be sent out.

Unless you can prove the debt isn't  yours they can take it off  Some benefits in the future.

Government debt never becomes statute barred

Yes they do, I suggest you look up the meaning of statute barred.

Status barred is tricky when it comes to HMRC

Income tax, VAT and capital gains tax debts to HM Revenue & Customs don't have a limitation period. This means HMRC can take you to court for these debts even if they date back many years - step change

equally 

If a debt is barred under statute, it means that by law (the Limitation Act), HMRC has run out of time to use certain types of action to try to make you pay the debt.

For tax credit overpayments, time starts to run from the date a final decision was made to recover the debt. Once the limitation period is running, the debt will normally be statute-barred if:

• HMRC has not already started a county court claim for the debt; and
• you or anyone else owing the money (if your debt is in joint names) do not make a payment towards the debt for at lease six years; and
• you do not write to HMRC admitting you owe the debt during the last six years.

However, it will still be possible for HMRC to recover the overpayment from benefits or wages as court is not needed. - national debt line.

So really if it’s a tax then it’s not barred, if it’s an overpayment of benefit (tax credit) then they can’t take you to court as its status barred but can recover it without going to court.

My advice is contact them, find out what the debt is for (may need this in writing a prove it letter) but then on satisfied you know what it is, set up a payment plan, which they can do without going through your income/ expenses.

HillStreetBlues

TM74 said:

Been getting letters from DWP (collections department) claiming that I owe them money from 1998, for an over payment , I actually thought it was paid off but a few years ago they started sending me letters demanding payment, I thought it was a scam so ignored but not they are saying court action is inevitable unless I pay.

Thing is how do I know they aren't wrong and I did pay up, this was 20 off years ago ! Can I demand evidence that backs up their claim ? 

Did miss that bit.
When was the last payment made

TM74

So payment I thought was made around 1999 however around 2014 they contacted me out of the blue, it did seem quite intimidating so I took their word for it and agreed to pay the rest of the sum off on a weekly basis at the post office but on agreement they sent proof to which they agreed too, but as they didn't send proof that of the outstanding debt to which I think I deserved I stopped paying, since them they have sent a few letters but now they seemed to have stepped up and giving me deadline otherwise a they will seek court action .

I can honestly say that I thought it was paid off originally and now don't know where I stand. 
It's the DWP collections department. 

WhiskersTheWonderCat

TM74 said:

So payment I thought was made around 1999 however around 2014 they contacted me out of the blue, it did seem quite intimidating so I took their word for it and agreed to pay the rest of the sum off on a weekly basis at the post office but on agreement they sent proof to which they agreed too, but as they didn't send proof that of the outstanding debt to which I think I deserved I stopped paying, since them they have sent a few letters but now they seemed to have stepped up and giving me deadline otherwise a they will seek court action .

I can honestly say that I thought it was paid off originally and now don't know where I stand. 
It's the DWP collections department. 

How can you have thought it was paid off, if you intentionally stopped paying off the debt?