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DWP NEW LAW Force earnings attachment on 15 yr old debt!!

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  • DWP NEW LAW Force earnings attachment on 15 yr old debt!!

    Please help urgently.!!I was horrified to open a letter(Wed 16th April) telling me The DWP had instructed my employer to set up a DEA deduction from my salary. It says from April 2014 new legislation allows the DWP to do this without going to court. It states it only targets debtors who have never been in contact with them to discuss or refused to pay the debt. ( I did initially). After staying up all night on the net, I rang the DWP at 8 a.m. After strongly disputing their letter, I was eventually told an email would be sent' higher up', I might get a reply or I might not. However the DWP rang me back that afternoon.They said they would not enforce a DEA with my employer if I agreed to a monthly repayment plan right now. They asked for £150 per Month!, I said I would callthem back shortly.


    The income support overpayment built up from 1997 to1999. I was never prosecuted, no CCJ's or anything (see more info below) Could you please tell me if the 1980 statute barred act applies to this new DWP ledgislation allowing them to instruct my employer to set up a Direct Earnings Attachment on a 14 year old debt? I am not on any benefit, but I do know, prior to this new law, they could only take it back if I were.


    In 1999 I was interviewed under caution at the Social Security Office. I was not taken to court. In 1999, Citizens Advice put me in touch with Manchester Social Services, Who, on my behalf draughted a letter to The Dept of Social Security with my proposal on a repayment figure. 3 years and 7 months passed before I heard from them again(I still have the copies). 2002 I changed address. Late 2003 out of the blue I received a demand from the DWP stating they 'Had written to me several times' and demanded £5850.66 within 14 day's. I wrote back straight away, telling them I had not heard from them for nearly four years. (I have a copy of that too). I did not get a reply to that letter either. I have had a standard letter auto issued oat intervals, I assumed the last one was such a letter. Since the start in 1999,I have never paid back a penny (tried to at the time) of the money demanded fours years later, never been taken to court or had a CCJ imposed.

    Please Please advise before gets the DEA order in the post
    Tags: None

  • #2
    Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

    ''It says from April 2014 new legislation allows the DWP to do this without going to court.''

    Does it quote the new legislation in the letter ?

    Social Security (Overpayment and Recovery) Regulations 2013, ??

    The Limitations Act doesn't apply to benefit overpayments.
    Last edited by Amethyst; 19th April 2014, 15:10:PM.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

      Originally posted by Amethyst View Post
      ''It says from April 2014 new legislation allows the DWP to do this without going to court.''

      Does it quote the new legislation in the letter ?

      Social Security (Overpayment and Recovery) Regulations 2013, ??

      The Limitations Act doesn't apply to benefit overpayments.
      No, It does not quote any regulations, it just says 'We have asked your employer to commence deductions from your earnings through a Direct Earnings Attachment, the law allows us to do this without applying to a civil court and your employer is legally bound to comply if requested to do so'. This is the new law which has been piloted since Sept 2013 and rolled out in April this year. My question is: does this new law apply to a 15 yr old debt? A copy of the document they say they have sent to my employer was enclosed. On the earnings table it says work must deduct 20% of my monthly salary! I was advised The Limitations Act does not fully apply to benefit overpayments insofar as they can deduct money from any future claim, but The Act prevents them from harrassing debtors in the same way.It has been suggested I send them a standard letter available for download in relation to The Act stating they must not contact me in relation to this. Oh please help, I am so confused, If the law says they can take 20% of my monthly wages, end of story, then why did they bother to ring me back offering a payment plan by d/d?

      Comment


      • #4
        Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

        I don't know the new rules though was vaguely aware of the pilot, presumably they have done something so that a DEA must be being treated the same as a deduction from benefits, thus negating the need for court and avoiding the limitations act.

        It does seem incredibly unfair after not replying to any of your letters trying to sort this out after the decision was made they can just swoop in a stick a DEA on just because the law changed and they can now. I'll have to research whether it is retrospective but for the moment, as it's quiet on here over the bank holiday weekend, you might want to ask on Moneysavingexpert forum - they do have some good people in their benefits section, if you can manage to ignore the benefit/debt hater idiots on there.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

          Originally posted by Amethyst View Post
          I don't know the new rules though was vaguely aware of the pilot, presumably they have done something so that a DEA must be being treated the same as a deduction from benefits, thus negating the need for court and avoiding the limitations act.

          It does seem incredibly unfair after not replying to any of your letters trying to sort this out after the decision was made they can just swoop in a stick a DEA on just because the laww changed and they can now. I'll have to research whether it is retrospective but for the moment, as it's quiet on here over the bank holiday weekend, you might want to ask on Moneysavingexpert forum - they do have some good people in their benefits section, if you can manage to ignore the benefit/debt hater idiots on there.
          I know! They have always known where I am! why wait 15 years? Still don't know what to do, but thankyou so much for your sharp eye in assessing the whole picture and understanding my point.

          Comment


          • #6
            Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

            Yes, I'm afraid this scheme is now rolling out fully.

            https://www.gov.uk/government/upload...ployers-v6.pdf

            From 8 April 2013 the DWP introduced DEA as a method to recover money owed to DWP.

            Initially this method of recovery was operated using only a small sample of cases, acknowledging that payroll software changes (to automate the process) were not due to be introduced until April 2014. From this date, and following the success of the piloted process, DWP began to roll out the revised process (incorporating the potential use of DEA) into their business as usual.

            Comment


            • #7
              Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

              Originally posted by Nibbler View Post
              Yes, I'm afraid this scheme is now rolling out fully.

              https://www.gov.uk/government/upload...ployers-v6.pdf
              Yes, but it is retrospective on 15 year old debts which formerly under an existing act
              could only be collected if the debtor claimed benefit again in the future. That is what I am desperate to know for sure.:'(

              Comment


              • #8
                Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

                It's 20% if your net earnings are more than £2240 a month
                Check http://www.legislation.gov.uk/uksi/2...chedule/2/made to see if it should be a lower percentage.
                If your employer has less than 10 employees it should be exempt as a micro business.
                The regulations state the benefits that can be reclaimed, Income Support doesn't appear to be on the list.

                Comment


                • #9
                  Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

                  Just see this post
                  hmm
                  One thing is now clear This situation is not reaching the courts before payments rightly or wrongly are being deducted from peoples income Regardless of being on the Dole Too being a working class person
                  And to STOP IT Its all tied up with the new tribunal courts That Can Not Stand Legal Aid
                  All I Can Suggest is do not stop building them prisons

                  Comment


                  • #10
                    Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

                    If anyone has been overpaid Benefits it is only right that they should repay .
                    Repayment must be at a rate that is affordable maybe 20% from someone on over 2 grand a month is right problem with a one size fits all approach may or may not work in the new rules there must be some sort of appeal process.

                    If we look at this it could have been legislation that brought bailiffs into the collection process then not only would the expected repayments been higher but fees would have been added.

                    As I said before the repayments must be at a level that is affordable the interpretation is different from the view of the debtor and that of the collector as always

                    Comment


                    • #11
                      Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

                      [QUOTE=Nibbler;427068]Yes, I'm afraid this scheme is now rolling out fully


                      I have heardthat it appears the DWP may not follow the correct procedures in the beginning. It is possible that when they received the letter from Manchester social services on my behalf early 2000, they overlooked my change of address which was clearly highlighted. This would explain why, in 2003 after I applied for benefit (but cancelled the claim as I found another job straight away) I heard from them about the issue for the first time. I and wrote back disputing their accusations of my failing to reply to previous letters, I hadnt had any! Could I get it thrown out because of their inability to read the information correctly sent to them by social services?

                      Comment


                      • #12
                        Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

                        Turns out I had in fact been repaying the debt while I was still in receipt of benefits. (of course! I must have done. I had 2 small children, and was still claiming for a further 3 years!) I had missed the crucial key words 'STILL OWE' in the letters sent since. However, the result of the appeal on the amount of the overpayment, and new repayment proposals submitted by the social worker, was never recorded, replied to, or actioned by the DWP at the time or since. Luckily, not only do I have a copy of the original document, the social worker concerned still works for the local authority. Also to note:My employer has still not received DEA instructions from the DWP, a copy of which the DWP sent to me in their letter. If this was a lie to force me to pay up regardless, it is an uncalled for, unprofessional, cheap shot. The issue is still ongoing as these facts have only just been submitted in writing, but it just goes to show the nasty bullying tacticts that are being used in the name of the public purse.The DWP are no better than the sharks that prey on people with bad debts.

                        Comment


                        • #13
                          Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

                          i too have been hit by this.Is there no way to fight the beast?

                          Comment


                          • #14
                            Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

                            Originally posted by Amethyst View Post
                            The Limitations Act doesn't apply to benefit overpayments.
                            It applies in terms of not being recoverable through the courts: https://www.nationaldebtline.org/EW/.../Page-04.aspx#

                            I thought they could only be recoverable via deduction from your benefits, if you claimed again.

                            I was under the impression something similar applied to tax credits overpayments. :noidea:

                            Benefit overpayments and social fund loans

                            The Limitation Act says that the limitation period for benefit overpayments and social fund loans is six years.

                            The cause of action (when the limitation period starts running) for benefit overpayments, is when a final decision is made on the overpayment. This is most likely to be a final decision by a council, the Department for Work and Pensions (DWP) or a tribunal.

                            For social fund loans, the cause of action is when the loan becomes due for repayment.

                            recovering overpaid benefits through the County Court

                            To recover overpaid benefits, the DWP and local authorities can use the normal County Court route. There is also a fast-track process of registering the debt in the County Court, as if it were payable under a count -court order. If this happens, contact us for advice.

                            If the council or DWP tries to issue a county court claim against you for an overpayment of benefit, and you think it is statute-barred, you can put in a defence.

                            However, if you are getting ongoing benefits, the DWP or council can take money directly from your benefit to repay overpayments. The rules can be complicated. Contact us for advice.

                            Comment


                            • #15
                              Re: DWP NEW LAW Force earnings attachment on 15 yr old debt!!

                              Originally posted by wales01man View Post
                              If anyone has been overpaid Benefits it is only right that they should repay .
                              Repayment must be at a rate that is affordable maybe 20% from someone on over 2 grand a month is right problem with a one size fits all approach may or may not work in the new rules there must be some sort of appeal process.

                              If we look at this it could have been legislation that brought bailiffs into the collection process then not only would the expected repayments been higher but fees would have been added.

                              As I said before the repayments must be at a level that is affordable the interpretation is different from the view of the debtor and that of the collector as always
                              This isn't a matter of interpretation, there are set rules that determine the amounts that can be deducted, as set out here: https://www.gov.uk/government/upload...-employers.pdf

                              Comment

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