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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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20 years ago , 1994-1995, whilst being unemployed i did

Customer Question

HI" 20 years ago , 1994-1995, whilst being unemployed i did receive benefit for housing
costs and also my two children. pryor to my claim my wife purchased a derelect
property "house"with monies left to her from her mothers estate 13k approx
the property cost 11k. In september the 2014 the department of work and pensions
put an attachment on my earnings of 20% stating i owed monies back to them which
i claimed 1994-1995. total being 11k. i have explained to them over 20 years that i
have never had any legal hold on the property and still do not to this day, proof of
deeds in my wifes name held by local solicitors.. do you think i have a case of defence
to challenge this in court.......regards terry.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Terry my name is ***** ***** I will help you.
Did you ever declare that your wife had this?
Customer: replied 1 year ago.

HI" no because the property was hers not mine and still is to this day

Expert:  Ash replied 1 year ago.
Ok - have you appealed their decision yet?
Customer: replied 1 year ago.

I have sent them letters in reply to there claims over this time and

they say i have no right of appeal. i have been through all lines of

enquiry open to me by the department for work and pensions

but this seems to have fallen on deaf hears..

Expert:  Ash replied 1 year ago.
When did they notify you of the overpayment decision?
Customer: replied 1 year ago.

the earliest letter i have in my file is 1998 stating that they had overpaid me,

Expert:  Ash replied 1 year ago.
Did you appeal that decision?
Customer: replied 1 year ago.

yes by letter, then the benefits agency recovery group sent me letter 02-june-98, asking for payment due immediately.

Customer: replied 1 year ago.

hi alex" did you receive my answer to your last question

Expert:  Ash replied 1 year ago.
Did you ever go to a Tribunal?
Customer: replied 1 year ago.

NO

Expert:  Ash replied 1 year ago.
Ok. Did they ever acknowledge your appeal?
Customer: replied 1 year ago.

i did send in letter of appeal as i remember but they said there decition was final

Expert:  Ash replied 1 year ago.
Their decision final recently or back then? Do you still have that letter?
Customer: replied 1 year ago.

i have the letter of appeal acknowledged by them dated 15-july-98. and states no further action against me until the result of appeal.....and i have letter dated june 2000. two years later" that my appeal has been dismissed

Expert:  Ash replied 1 year ago.
Did you ever get an appeal hearing date?
Customer: replied 1 year ago.

no i have no letter in my file notifying me of any date, as explained earlier i sent in my appeal by letter on or about june-july.1998..

Expert:  Ash replied 1 year ago.
When your appeal was rejected did you write to further appeal?
Customer: replied 1 year ago.

no i did not hear anything more about appeal rights just demands for payment ,and now they have placed an attachment on my earnings approx £400.per month

Customer: replied 1 year ago.

I was not aware that was an option open to me because they just sent me demand letters for monies and also they said i had no right of appeal

Customer: replied 1 year ago.
Relist: Answer came too late.
i am kept waiting too long for reply also taken day off work which i do not want to waste time
Expert:  Ash replied 1 year ago.
If you keep relisting it then sadly it goes to the back of my list.
Do they have a Court Judgment against you?
Customer: replied 1 year ago.

no ,but i have a letter sent to me saying that they may take me to court to get the money back, this letter is dated 17th march 1998.

Expert:  Ash replied 1 year ago.
So how are they able to take money from your pay without any Court Judgment?
Customer: replied 1 year ago.

i have a letter sent from them to me dated 14th may 2014.that asks for payment to be made or they will contact my employer to deduct monies by direct earnings attachment which they have done since september 2014, at a rate of approx £420 per month , i have never been to court to put my case foreward. i feel if they were sure i owed this money then why did they wait 20years for this action. and now i am of pension age which they also say that they will deduct money from my state pension. i have no other means of income and my health is not too good but i am forced to work and try to save for my retirement which leaves me little. this i feel is totally unfair and i have explained this to them over the years but they do not want to know...

Expert:  Ash replied 1 year ago.
Ok. This deduction from earnngs, do they say they have a Court order?
Customer: replied 1 year ago.

in 2006 i have aletter from d.w.p.stating that theire enforcement team are now instructed to recover the debt through the courts dated 5-5-06 .on the 13-6-2006 they sent letter stating that the case is being transfered to a private debt collecting company. then 24th 09-2012 another letter saying that another private debt collecting company for collection.

Expert:  Ash replied 1 year ago.
Was there ever a Court order? There must be for an attachment.
Customer: replied 1 year ago.

I have not received any paperwork from d.w.p.stating that a court order had been granted to deduct monies from wages......as i say i have a letter from debt collecting agency on behalf of d.w.p. which states that the d.w.p. are unable to take court action, for recovery of debt. which i find very odd, and only states that recovery of debt from benefit and retirement pension" no mention of deduction from wages.

Expert:  Ash replied 1 year ago.
The law says that they can ONLY deduct with a Court order. You need to ask about that and be given a copy. This means there must have been a Court order.
That means you must have been sent Court papers and not defended it. If there is a Court order there is nothing you can do. You appealed and lost therefore the Court can't go behind a refused appeal.
This is because its been made by a body. But if you have not paid anything for 6 years the debt is statue barred. if you have paid within the last 6 years then they can claim it.
So you need to find out if there is a Court order - if there has been then you are stuck. if there is no Court order then you can dispute it.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

do i get this information at local court ,or do i ask d,w,p. for copy of court order.

Expert:  Ash replied 1 year ago.
You need to ask the DWP for a copy of any Court order.
Does that help?
Alex
Customer: replied 1 year ago.

HI"" yes i shall do that, and wait for a reply and send you an update

within the next couple of days ...regards,terry...

Expert:  Ash replied 1 year ago.
Thanks.
Please do take a moment to rate my service before you go today.
Alex
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex

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