DWP chasing a paid debt (20 yrs old)...

[Jim1556]

Hi all, just after some clarification on my rights and such with a situation that's reared it's head recently...

In the mid 90s, I was in receipt of Job Seekers Allowance (for approx 2-2.5 years), during this time I was somehow overpaid to the tune of £479.32.

I joined the British Army in 97 and a few years later, around 2000-2001, I was lucky enough for the system to ping me and chase the debt. I was unaware of the overpayment at the time and disputed it, after receiving proof (and not wanting to jeapardise my future military career), I paid it back in instalments - in full!

I remember the above quite clearly apart from exact dates!

In 2007 (according to them) I was contacted again which I think I ignored (can't remember this contact, I was in Afghanistan half the year).

After I left in 2012 (I assume due to a change in PAYE details), again I was contacted and actually tried to get to the bottom of this, but, my bank (as with most others) don't keep records over 6 years old. Neither do I...

Nothing heard.

The other week, I received another letter 'DO NOT IGNORE' etc

Now, I'm determined to sort this one way or the other.

I know I paid this over 10 years ago!

The DWP aren't interested, even though they've had computer system changes since the time the debt was paid.

Their system says I owe it, therefore they say I owe it. I'm saying I've paid it, neither can prove otherwise!

I could pay it now if I wanted, but more than the amount is the principle. I have an interview with the CAB in April to see if they can help.

I've read due to it being Statute Barred (Consumer Action Group), that they can't instruct a debt collection agency or add costs to it, can't affect my credit file, and definitely can't deduct from earnings. It can only be recovered from any future benefits (including pension)...

Any ideas?

Thanks in advance...

[Jim1556]

Thanks!

I only mentioned it, as it (sort of) backs up my 'not wanting to jeapardise my future military career' statement, I was literally petrified in case my unit found out (back then, being in debt was a chargeable offence)...

[Jim1556]

aw51 121565 said:

First thing is to deny the alleged debt at every opportunity - once you acknowledge the debt (I know this is badly phrased) then the six year period restarts before the alleged debt becomes statute-barred again .

Jim1556 said:

I acknowledged the debt after receiving proof originally, then paid it.

If you're dealing with HMRC, just assert that any alleged debt, which is denied by you in any case, is statute-barred and was paid on a repayment plan in instalments whenever it was.

Jim1556 said:

It's the Department for Work & Pensions. I've told them it was paid many, many, times.

As an aside, OP, do you have internet banking? That may let you go back far enough to confirm that it was paid? Being able to evidence this would be helpful - but this is the real world and you probably won't manage to evidence paying it off. Even if you can't evidence payment, HMRC cannot pursue this through a court because it is - as you realise - statute-barred . (You're right about them being able to only deduct alleged overpayments from future benefits, as well...)

Jim1556 said:

I do have internet banking, it does not go back anywhere near far enough. If only it did...

PS HMRC are incompetent and not fit for purpose.

Jim1556 said:

I know, my friend's small business constantly has issues due to their ineptness.

Worst case scenario, IF this carries on, I'll ignore everything, and wait til they try and take it out of my pension in 30yrs by which time I won't give a flying puck!

[Jim1556]

I'd not considered the MP route, I'll see what the CAB says first.

I've not had any benefits since 97, I've paid into the system since and before I changed jobs last year I was paying more than double what they're chasing me for every month just in tax so it pisses me right off!

Unless anything drastic happens, I shouldn't need help from the system ever. Hopefully by then, this will be sorted but I don't expect it...

[Jim1556]

As I said, it's the DWP, NOT HMRC - I know it's Statute Barred (different from the 6 yr Statute of Limitations) but as I read on CAG website, they can't get anything from me unless I claim for something. It's this I want clarifying. Dealing with the DWP on th phone is like trying to get blood from a stone, they're not interested and just want the amount their system says I owe, repaid...

Not sure they could deduct at source - I now work for a company in Europe.

I guess we'll see, cos they're not getting another penny of mine!