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

[mangocherry]

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

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

I'm having a similar problem. I recently moved in with my partner and a few months later received a letter from DWP saying I owed £1,300 (approx). I called them and asked what for, as I've always worked and never claimed benefits.

DWP told me that it was for In Crisis Loans, which I told them I had never had. I asked them to provide proof of the debt, to which they replied they didn't have to provide proof. I wrote to them demanding proof and received a document with no header, no personal details, just a list of amounts paid out in 2001 over a number of dates. I called them and told them that in my book, this did not amount to proof.

I heard nothing for three years, then today, I have received a letter stating that I owe them £896.76, (what happened to the other £400?) and if I don't pay, they will take out a Direct Earnings Attachment (DEA). I'm livid. I have no debt and I certainly don't owe them this money.

I called them to complain and they said there was nothing they could do, I needed to speak to Social Fund and they gave me a phone number. I called social fund and it seems that they are the people who provide loans, however, they don't keep records!! Nobody seems to be able to provide me with a copy of a signed a agreement or any conclusive proof of my ownership of this debt.

In the end, with steam coming out of my ears, I called Citizens Advice. They put me through to the National Debtline, who inform me that these types of incident are on the rise. Apparently, I have a common name (how rude!), and there is a chance that DWP have mixed my details up with someone else. ND told me that my task is to prove a negative in that I have to prove I didn't receive the loan that DWP state I received and I only have three weeks to do this.

Can anyone offer any advice please? I'm planning to get married and ditch my "common" name, so the last thing I need is DWP stealing my wages. At present, my only option is to complain to DWP about their behaviour and hope that they have the decency not to take my hard earned money on a whim.

Thanks in advance.

[wales01man]

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

You may have a Common name but tell them you have a Unique NI number

[FlamingParrot]

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

I'm having a similar problem. I recently moved in with my partner and a few months later received a letter from DWP saying I owed £1,300 (approx). I called them and asked what for, as I've always worked and never claimed benefits.

DWP told me that it was for In Crisis Loans, which I told them I had never had. I asked them to provide proof of the debt, to which they replied they didn't have to provide proof. I wrote to them demanding proof and received a document with no header, no personal details, just a list of amounts paid out in 2001 over a number of dates. I called them and told them that in my book, this did not amount to proof.

You say you've always worked, do you remember what you were doing in 2001? Were you working then? Or maybe still in school (no idea how old you are! )?

Those loans are normally only given to people who are benefits claimants. If you were working or studying at the time. you wouldn't have been able to apply for one in the first place.

[kaznapho]

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

I have also got a letter saying I owe £66.78 and I have always worked since I was 15 never once applied or received benefits of any kind being with the same employer for the past 9yrs and before that with one other employer and I have never applied for any loans of any kind

how the hell do I stop this I work their opening hours so can't even call them????????

[Kati]

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

I have also got a letter saying I owe £66.78 and I have always worked since I was 15 never once applied or received benefits of any kind being with the same employer for the past 9yrs and before that with one other employer and I have never applied for any loans of any kind

how the hell do I stop this I work their opening hours so can't even call them????????

you could try disputing the debt and sending the DWP a SAR request?

[kaznapho]

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

you could try disputing the debt and sending the DWP a SAR request?

I am about to go overseas I don't know how they can do this I mean for heavens sake they can see that I've never claimed any sort of benefits by my NI number I'll be taking them to court myself for harassment I'm fuming ...(sorry not at you)

[Kati]

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

I am about to go overseas I don't know how they can do this I mean for heavens sake they can see that I've never claimed any sort of benefits by my NI number I'll be taking them to court myself for harassment I'm fuming ...(sorry not at you)

no offence taken I hope you get sorted xx

[maryandleo]

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

Hi
I'm just wondering if anyones had any luck with this?
Me and my partner have just been hit with the dea letters. His is apparently from a debt about 20 years ago and mine from roughly 10 years ago!
Have no recollection of any of this and obviously have no paperwork dating back that far as I destroy after 6 years as do most other financial institutions.
I can't believe that they can just suddenly pluck random debts from so long ago and enforce them with no evidence or court action it's seems extremely unethical!!
Thanks in advance

[Openlaw15]

Re: 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

DWP have to power to recover for overpayments including fraud. They however had the power to take you to court for many years. You could try and make a claim to social security tribunal, stating that the payments are too much and tell them what you think you could pay. You could also say it is unfair that you have to pay these amounts after 14 years when DWP has had up to 14 years to recover the debts in full. You could ask your employer to put any DWP's DEA on hold whilst you're sorting it out.

[spirit2534]

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

Reality is always different from the perspective of the debtor and that of the collector. Life is like that!

[j.j]

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

I have recieved a letter for a social fund loan repayment plan for way back january 1998 I thought this would be statute barred and its an outrage they can do a detachment of earning without a court order after such a long time ago i think we should all get together and petition agains this new legislation government is a creation of man so therefor no creation of man can ever be above trouble is we all moan about it but we dont stand together as one voice to fight against these people we vote them in what for to have power over us the whole system is ludicrous