To tell DWP to 'get bent' wrt giving them this money back???

(33 Posts)
TheSecondComing Thu 07-Mar-13 11:14:08

Message withdrawn at poster's request.

WorraLiberty Thu 07-Mar-13 11:15:53

It's up to them to prove you owe it.

Until then, tell them you'll be doing nothing.

Reality Thu 07-Mar-13 11:16:35

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D0G Thu 07-Mar-13 11:19:05

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TheSecondComing Thu 07-Mar-13 11:20:28

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WorraLiberty Thu 07-Mar-13 11:23:36
D0G Thu 07-Mar-13 11:26:07

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Im sure they cannot start chasing you for money after 15 years if you havent acknowledged the debt in that time.

SmellsLikeTeenStrop Thu 07-Mar-13 11:38:59

It's statute barred but they could still claw back an overpayment through future benefit payments. The fact they're threatening debt collectors instead of court says it all really. They can't threaten court btw, because the alleged debt is so old.

The onus is on them to provide proof so write back using recorded delivery and ask them to provide proof, also make it clear that you don't acknowledge the debt.

TheSecondComing Thu 07-Mar-13 11:59:58

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Alibabaandthe40nappies Thu 07-Mar-13 12:02:33

TSC I reckon that is a scam.

Look up the actual DWP and see if the numbers match, and ring them and ask.

I know that 6 year old debt that hasn't been acknowledged in that time is statue-barred, but I believe that government departments are exempt from this although I'm not 100% sure.

TheSecondComing Thu 07-Mar-13 12:13:32

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Alibabaandthe40nappies Thu 07-Mar-13 12:14:26

In that case tell them to prove it. 15 years is outrageous.

MegaClutterSlut Thu 07-Mar-13 12:53:39

DWP is exempt from the 6 year rule

I had a letter from the DWP saying we owed them £110 from 2002. They also said that they had made previous attempts to contact us (with was a bloody lie). The letter was quite threatening tbh, anyway we rang up and they were happy with us paying back £10 a month.

They should send you the paper work also if you ask for it

Dawndonna Thu 07-Mar-13 13:00:33

DWP is not exempt from the six year rule or it certainly wasn't at the last publication of CPAGs benefit regulations book.
Also, the DWP don't generally keep records beyond six years, so this is a little odd, as is Mega's situation.

SmellsLikeTeenStrop Thu 07-Mar-13 13:01:31

Right, so in 2006 you supposedly acknowledged the debt and then didn't pay anything to them and they just let the whole thing slide for a further 7 years.

PeppermintPasty Thu 07-Mar-13 13:04:17

Ask them for a copy of all the paperwork they supposedly sent you, and for a breakdown of the figure and why they say you owe it to them. Do not acknowledge the debt at this stage.

I would be very suss about this, even though you have checked the number.

SmellsLikeTeenStrop Thu 07-Mar-13 13:10:17

According to this document from the DWP, an overpayment can be recovered at any time but there is a time limit of 6 years for them to pursue the debt through the courts.

TheSecondComing Thu 07-Mar-13 13:27:55

Message withdrawn at poster's request.

maddening Thu 07-Mar-13 14:22:30

Can you ask them for a breakdown of what they say you owe?

Can you ask them for details of the alleged 2006 conversation?

I would also go to the cab.

StrawberryMonkey Thu 07-Mar-13 14:30:14

I was told similar. I wrote for my data file.
It was riddled with mistakes, barely any useful information at all.
Hundreds of blank pages.
Then I found that I was owed compensation from them...which I'd not received or known about, as they'd written to the wrong address!
From 1998!!!
I asked this to be paid, with interest. I was told no to getting the interest as I had not chased the missing payment..wtf? They sent it and news of it to the wrong address. Sadly I'm not blessed with ESP so I can't have interest on compensation paid to me from them for poor performance (not getting off their arses for 7 years to make an assessment of maintenance)!
The agency is as muddled, disorganised and corrupt as any other government dreamt up privatised organisation you will find.
Apparently I still owe money and they won't take into account that my exh paid feck all for the first 17years of my kids life and then a little while she was at college.
If ever there was a good documentary in the making one about the misdemeanours of the CSA over the past 20 years would be a great place to start (are you listening Chanel 4??).
My entire experience of the CSA and the extra stress it has brought to our lives is wholeheartedly something I would rather forget.
If I had the power I would sue their pants off for multiple errors, laziness, incompetence and breaching the data protection act more than once I have been given info about my ex over the telephone I should not have had!
I to this date not received that compensation promised. It was promised again last year. Not got it. Called to say and they then had no recollection of having said they were sending it and I was asked to send photo copy's of their own correspondence in to jog their memory!
They are worse than useless In my experience.
You are best off ignoring any letters and they then can't prove you got a letter from them or do anything about it! (This is what my ex did for 17 years hence not paying maintenance)!

SmellsLikeTeenStrop Thu 07-Mar-13 14:32:19

I wonder if it's possible that you've been confused with somebody else of the same name?

Were you told what the benefit was for? Were you living at a different address in 1998?

I have athis going onnow, going back to 2000, I am crippling myself trying to pay it off. Bastards.

After that long they have tp prove you owe it. I would ask what benefit it's in relation to, and make sure they haven't mixed up names/NI numbers and asked you to pay omeone else's overpayment by mistake. Also, if it is yours, you're not obligated to repay unless it's your fault; if you gav incorrect or not enough info at the time.

TheSecondComing Thu 07-Mar-13 14:49:29

Message withdrawn at poster's request.

EchoBitch Thu 07-Mar-13 15:01:04

Tel them they have to prove it to your satisfaction.

It's U of them to expect to come back to you after 15 years and expect you to remember.

maddening Thu 07-Mar-13 15:06:54

Were ctc around in 1998? Could it be am overpayment of that? Call them and ask them what benefit it relates to?

midastouch Thu 07-Mar-13 15:10:30

My DP had one of these a couple of years ago from 1999 he didnt answer it think hes had 2 letters since, which hes ignored cause thats what he does best that was wayyyy before i met him so nothing to do with me as far as im concerned. I believe they can set up repayment plan if thats what you'd like to do, i dont think they'l send bailiffs round for that long ago though!!

teenagersmother Thu 07-Mar-13 15:53:32

DWP are awful. After my father died I repaid a pension payment that had been paid into his account the day he died. Luckily i got a receipt so could prove that I had done so. It didn't stop the snotty letters over the next few months demanding that I pay it back though.......
Hope you get it sorted OP.

SoggySummer Thu 07-Mar-13 16:08:40

Its the tone of Government Department letters like this that really pisses me off.

They start off threatening and aggressive.

We had similar issues to do with over paid TC.

My advice would be write back sending your letter recorded delivery and state that this is the very first time you have ever had a letter regarding this so called debt and that you do not acknowledge the debt.

Ask them to prove they have contacted you before with regards to this debt with copies of letters, dates posted and proof you received these letters - again state you have NEVER heard about this debt before.

Then ask for a complete breakdown of how this over payment occurred. Specify you want dates the payments were made and by what method and to whom/where/which account.

You could if it makes you feel better flower out your letter telling them you dont appreciate being written to in a shitty tone but you will waste your ink in doing so because they wont acknowledge this fact and just send more shitty toned letters you probably not answering any of the points raised in your letter. Sometimes they excel themselves and can respond to one point in the letter but never all - this is one of the reasons why you need to send this letter recorded delivery (and print off the signed for signature off the Royal Mail Website).

You probably wont get a reply to your letter the first few times. Our bitter experience was just more threatening shitty letters until they realised we were not corresponding with them in any shape or form other than recorded delivery letters. Dont bother to phone them because they will deny all knowledge the phonecall happened and even if they do admit you called they probably wont have recorded the same conversation you had.

Another hint is to label all letters with page 1 of 3 or whatever and staple it all together for them because they really are quite incompetent in keeping anything together.

Good luck - be prepared to bang your head against a brick wall dealing with these numpties.

Apply in writing for all your data via your local Jobcentre Plus Office under the Data Protection Act 1998 and get a receipt. They have to provide it within 40 calendar days or you can complain to the Information commissioner. You want everything emails,electronic files, paper documents.

In the meantime write a letter and send recorded signed for (keep receipt) saying that you wish for a written breakdown of the dates and amounts and details of the money they claim that you owe and that you dispute their claims that you owe them. Demand they provide proof and documentary evidence that you owe them.

GregBishopsBottomBitch Thu 07-Mar-13 16:21:27

Ask them to prove that owe the money, and what benefit was over paid, dont pay a penny til they do.

I have to pay back an overpayment of tax credits, 1200 between me and my ex partner, i pay my half back at £10 a month, thats all they are bloody getting, and i still get letters demanding payment of it all, im always ready for a fight when they write to me.

SwervinMervyn Sun 24-Mar-13 11:15:03

Whatever you do, DO NOT ignore it, I moved to France 9 years ago, I am receiving a British state pension of £77 per week. This week I received a letter from the DWP saying that I owed them an OP of £600 and that they would deduct £27 per week from my pension starting this week! There was no explanation of what the OP was for nor have I ever had any previous demands for an OP from them. I immediatly telephoned the number on the letter and was told by a young lady after I went through security checks that all she could tell me was that the overpayment was for a period from October 1997 to February 2000, but couldn't tell me any more about it because it was so old! So my warning to you is that if you don't do anything about it they will just take it off you in the future when you need benefits or when you reach pension age, hopefully the cab and my ex-M.P. are sorting out my problem, meanwhile I have to try to live on £50 per week!

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