benefit overpayment
 
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benefit overpayment

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(@groucho)
New Member
Joined: 13 years ago
Posts: 2
Topic starter  

Hi everyone I'm new here just wanted to ask,my brother is in protected trust deed he received word from DWP saying he had to pay back money they say he owes dating back to 1988-1989 he's sure he paid this but don't have any proof can they demand payment.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Welcome to the forum groucho.

This subject came up last year when Mark and Kevin advised that DWP debts aren't automatically included in protected trust deeds.

However, in that instance the DWP voluntarily agreed to becoming such a creditor.

Your brother may wish to discuss this situation with his trustee.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Tell your brother to refer them to his trustee, groucho. They will have to provide evidence of the claim.

It is possible that they will say that the debt cannot be included. If so then it might be worth checking whether the debt is prescribed (time-barred) anyway. I imagine it would fall under the 20 year period - ie if no payment has been made and the debt has not been acknowledged within 20 yrs then it cannot be enforced.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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