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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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Good morning, in 1998 DHSS took me to court where

Customer Question

Good morning, in 1998 DHSS took me to court for fraud where I was found not guilty. The DHSS said giving a letter to somebody was working, anyway after that DHSS said I owed them £7000 for over payment for not declaring income which I did not have. I appealed against it then they sent me to a tribunal where they said the DHSS was treading on very thin ice but awarded me to pay the over payment back- that was in 2001. After that I did not hear from DHSS until 2012. I then went to the CAB where they said after 6 yrs there is a No Barred Limitation Act. I told the DHSS and they said that they could still collect the debt from my pension. That was 2012 and did not hear from them until 2015. They said I owed them £7000 and that they would recover the money by an Attachment Order from my wages which they started to do before Christmas. They have taken £96.00 from my wages. Could you please advise me is there anything I can do to stop this.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
The CAB are wrong on this particular point I'm afraid.
Why did you not make payment?
Customer: replied 1 year ago.
They never contact me until 2012, as I was found not guilty I thought that was the end of it. Also there was no repayment scheme presented?
Expert:  Jo C. replied 1 year ago.
Oh yes, they couldn't prove a criminal offence but there was a determination against you in 2001 and you are liable to pay unless that was appealed and overturned.
The CAB are never really a good source of advice. They were advising you about claims for contract or in tort. What they have overlooked here is that there is a determination against you anyway so limitation doesn't apply and anyway it doesn't apply to Crown's overpayment.
It is unhelpful of them to leave it so long but it is not unlawful I'm afraid.
You could always ask them to allow you to reduce the payments though. They will be aware that the delay is their fault not yours and might agree.
Sorry if that is bad news but I can only give you truthful information.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Jo,If I was found not guilty that would mean I was entitled to the money? Don't quite understand really why I have to pay the money back.Will it be because criminally I did nothing wrong to my knowledge, but they made the error of overpayment so they need to take the money back?Thanks
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.
No, it just means they couldn't prove it to the criminal standard. Probably they couldn't prove dishonesty.
I think they are saying that you have to pay back because there was an overpayment.