CCS Debt over 6 years

[Shads]

I have been contacted by DWP for an over payment of £3550 dated back to 2006. At the time they said they will take the over payment from the Carer's allowance I was receiving but they didn't. Now that I am not entitled to it and Carer's allowance payments have stopped, DWP records now show the over payment. It has been passed onto CCS and they are harassing me. Can I ask:

1) If I agree to pay them the minimum say £1 a month and they don't accept it, can I then chose to use a statute barred as a defense?
I was thinking if i accept the liability then I may not be able to use the statute barred as def fence.

2) If i use the Statute barred defense can the DWP recoup the overpayment from my tax credits which I am receiving now?

3) What is the minimum payment can i get away with paying legally?

Thank you so much

Shads

[des8]

Re: CCS Debt over 6 years

Hi and Welcome.
If money is owed to DWP because of an overpayment, although they cannot recover it through the courts (statute of limitations) they can recover it by other means , such as deductions from benefits/tax credits as well as direct earnings attachments: http://www.legislation.gov.uk/uksi/2...0130384_en.pdf
Do you agree with their figures?
Some seem to find that ignoring these peeps works, others challenge the figures and raise a dispute and that works.
Can't recommend either course of action myself, but this will bump up your post.

[FlamingParrot]

Re: CCS Debt over 6 years

I have been contacted by DWP for an over payment of £3550 dated back to 2006. At the time they said they will take the over payment from the Carer's allowance I was receiving but they didn't. Now that I am not entitled to it and Carer's allowance payments have stopped, DWP records now show the over payment. It has been passed onto CCS and they are harassing me. Can I ask:

1) If I agree to pay them the minimum say £1 a month and they don't accept it, can I then chose to use a statute barred as a defense?
I was thinking if i accept the liability then I may not be able to use the statute barred as def fence.

From a limitation perspective, this debt should already be statute barred if there's been no payments or written acknowledgment since 2006. Once a debt is statute barred, it cannot be 'un-barred' by any means, not even by making a payment. However, SBd only refers to recovery through the courts, if you were taken to court for this debt you could submit a SBd defence and that's an absolute defence.

In the case of DWP overpayments, there are other avenues open to them to recover the money, such as deductions from any benefits you may claim if you are not employed or direct earnings attachment if you are.

2) If i use the Statute barred defense can the DWP recoup the overpayment from my tax credits which I am receiving now?

Yes, they can make deductions. As above, SBd is only a defence in court.

3) What is the minimum payment can i get away with paying legally?

We can't tell you that, it would depend on your circumstances, according to them you owe them quite a bit, are you happy that the amount is correct?

Hi and Welcome.
If money is owed to DWP because of an overpayment, although they cannot recover it through the courts (statute of limitations) they can recover it by other means , such as deductions from benefits/tax credits as well as direct earnings attachments: http://www.legislation.gov.uk/uksi/2...0130384_en.pdf
Do you agree with their figures?
Some seem to find that ignoring these peeps works, others challenge the figures and raise a dispute and that works.
Can't recommend either course of action myself, but this will bump up your post.

That could refer to me, but everyone's circumstances are different. I challenged them to send me a breakdown or statement showing how they arrived at the figure and, six months later, all they did was say they wouldn't write it off and unleash yet another DCA. I responded to the DCA at first but then just ignored them, not heard anything for a year.

I use a ltd co. to invoice for my work so no chance of a DEA, would be different if you were employed by someone else.