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Mikey
Just Joined

2 Posts

Posted - 26 April 2021 :  14:02:44  Show Profile  Reply with Quote
Several years after completing my protected trust deed - I received a letter from DWP claiming an overpayment of benefit from 20 odd years ago

If I had know about this debt I would have included it in my trust deed- am I still liable for this debt

Thanks

TDA (Debt Adviser)
Trust Deed Expert



13734 Posts

Posted - 26 April 2021 :  14:11:39  Show Profile  Reply with Quote
Welcome to the trust deed forum Mikey.

In general terms, it doesn't matter if a debt gets missed from a creditor list. All qualifying debts that exist at the time that a trust deed is signed are automatically included.

However, certains types of benefit overpayments might not always count as a qualifying debt.

My suggestion at this stage would be to contact the DWP and provide them with the details of your trust deed. It might be that they cease attempting to collect this money once they have that information.

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Kevin Mapstone
Trust Deed Expert



3983 Posts

Posted - 27 April 2021 :  10:36:33  Show Profile  Reply with Quote
Was the overpayment ever treated as fraud, Mikey? As long as this wasn't the case then your liability for it should have been discharged along with your other debts in the Trust Deed, whether they were contacted by your trustee at the time or not.


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Mikey
Just Joined

2 Posts

Posted - 27 April 2021 :  11:09:43  Show Profile  Reply with Quote
Hello

No it was not fraudulent - I only received notification about the debt several years after the TD was complete - they have recently tried to obtain a DEA although I have stalked this by signing a debt moratorium so at moment enforcement is suspended

I will write to them to question why they are still chasing it now

Many thanks
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tigh
Regular Contributor

18 Posts

Posted - 27 April 2021 :  11:23:40  Show Profile  Reply with Quote
Hi Mikey
If the overpayment arose because DWP overpaid you, and not something you've not declared etc, then it's usually written off as a departmental error, and does not have to be repaid to them.
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Kevin Mapstone
Trust Deed Expert



3983 Posts

Posted - 28 April 2021 :  12:00:00  Show Profile  Reply with Quote
If you have evidence of your discharge it might be a good idea to enclose a copy of that when you write to them too, Mikey.

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