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Alleged (very old) debt to DWP

7 replies

greenanna · 21/12/2010 22:43

Anyone any advice? I'd be very grateful.
The DWP are chasing me for alleged overpayment of income support some 21 years ago ... I was a young, single mother than and on IS for a few months till I got a job and in fact re-married shortly afterwards. This is on the basis of a letter written to them by my ex claiming that he was sending me child maintenance payments. He sent me precisely one - for about £20.00. Nothing whatsoever after that and so my IS claim was entirely legitimate.

All that remains in the record is some hand written note from an office (then the DSS) at the time, claiming that there was this overpayment. I know about the letter from a much more recent conversation with the debt people at DWP.

I first heard of this alleged debt in 2001 - although they had my address, of course, through national insurance etc. So, you could say it's statute barred - the six year rule. I have asked, repeatedly, for a re-consideration, been told (18 months ago) in a phone conversation that in the end they have no proof and would have to give way but they are still chasing and chasing - and threatening legal action. It's about £600.00 they want. My husband and I are about to appeal .... again. He was with me at the time and knows full well that I didn't get a penny, apart from that first postal order. There was a court order for voluntary payments but that wasn't fulfilled and the CSA weren't involved at all.

What to do, please? Bank statements? No maintenance payments would show up but I have a different bank now and can I get hold of statements going back to that time? This is now harassment - it's really getting me down. Thanks.

OP posts:
LadyBlaBlah · 21/12/2010 22:48

Tell them go swivel

Have a google but I am sure they have no legal right to reclaim money from overpayments, and certainly when it is from so long ago.

greenanna · 21/12/2010 22:57

Thank you, Lady, need much morale and practical support because this is so, so upsetting, especially when I know it's on the basis of a trumped up allegation - you'd think DWP would by now be wise to ex's making trouble.

OP posts:
KatieMiddleton · 21/12/2010 23:03

The bank probably don't have transaction records going back that far. Usually just 7 years or so.

Have you spoken to CAB? I don't think they have any legal right to reclaim this money but I'm no expert. CAB should be able to help.

BerryinClover · 21/12/2010 23:10

I heard on the news recently (within a few weeks) that a judge had ruled that overpayments that are not the fault of the recipient cannot be clawed back.

DwpAnxt · 21/12/2010 23:11

This may help a bit -at least as a starting point.

I understand that there is no limitation when it comes to reclaiming overpayments . I have seen some going back to the early 90s anyway.

But look carefully at the wording in this paragraph

{Do you have to pay the money back?
If the overpayment was your fault - perhaps you didn't report a change in your circumstances or gave wrong information - you'll have to pay it all back. If it was caused by administrative error you may be asked to pay it back, particularly if you could reasonably be expected to realise you were being overpaid}.

I think this is pointing towards the fact that you cant be forced to pay it back - just asked nicely Wink

But take proper advice from CAB before doing anything else.

greenanna · 21/12/2010 23:13

Thanks Katie - I think I will talk to CAB - maybe they could write a letter on my behalf. And thanks, Berry - do you have any more info re this that I could search and quote at them? I think they're quite simply trying it on till I break and pay.

OP posts:
BerryinClover · 21/12/2010 23:16

Sorry I don't have any more information, you could try Googling for it.

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