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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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Madam, I have been requested

Customer Question

Dear Sir/Madam,
I have been requested to pay £609:00p by the Department of work and Pensions for what they claim was an overpayment of benefit whilst I [they claim] was working full time. this was a number years ago. I have repeatedly asked for proof of what they are claiming on three occasions. They have now began to deduct payments from my monthly salery from my employers.They still have not provided me with confirmation to my requests. Pleaes can you clarify my position.
I would greatly appreciate your help.Would a court order to force them to cease payments be possible?
Yours sincerely
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason that you think it might? Sorry if I'm missing the point that are not sure the basis of your challenge
Customer: replied 2 years ago.

Dear Jo,

Sorry I do not quite understand what it is you are asking.

Surely they { DWP] should provide proof as I have asked for on three occasions, that I was working whilst claiming a benefit.

In there reply to my letter that I sent on 14th May 2015, they claimed that I was overpayed £995:92p and that was from the period from 13-02-2000 to 02-05-2000.

the amount they are asking for is £629:90p NOT as previously given £609;00p.


Expert:  Jo C. replied 2 years ago.
They should provide a breakdown upon request that they don't have to provide evidence to support it.
At least, it is perfectly reasonable that you would want them to explain why they say this was overpaid but as long as they can respond with the benefit payments, the dates and why they believe you were not entitled to it than that is perfectly fine.
If you are working for a private employer and they have an attachment to earnings then they must have a court order. If you work from public employer than they can deduct automatically.
The only way to challenge this would either be to write to them demanding a breakdown and judicially review their refusal or failure which is not really a realistic option for most people or to sue at the Small Claims Court is for the money back.
The latter is a more accessible option but you do face the risk of losing and being forced to pay their actual costs so you need to consider carefully whether or not there is a realistic challenge.
Can I clarify anything for you?
Customer: replied 2 years ago.

Dear Jo thankyou for your response.

However, Is it not the case that IF there is an outstanding amount to be paid surely there must be a time limit to which they [The DWP] can pursue the matter. This was as previously mention in 2000.

Expert:  Jo C. replied 2 years ago.
This is Crown's debt so not subject to limitation under the Limitation act 1980. It is not a breach of contract or a tort.