Ask an UK Law Question, Get an Answer ASAP!
If your only challenge is that it is an old debt then I'm afraid thats going to fail.
This is Crowns debt and they are not subject to the limitation period. To be fair, its only 11 years old and thats quite good from your point of view as inflation will have reduced the value of the money.
If you don't pay they will just sue you and they will win.
There may be things you can do to challenge it. But not on the time barring point.
One challenge is that it was not an overpayment but that you were entitled to it.
Crown's debt can be collected at any time. The Inland revenue, customers, csa are all in the same position.
They may sue you. Its really too small a sum for them to try alleging fraud. They would certainly sue though. This is not trivial. Its taxpayers money.
Yes, I realised that.
They can just sue you for the overpayment and they would win. An overpayment means you must have been given more than you were entitled to.
On the face of it, there isn't an easy escape route for you. You can put them to prove upon the fact of the overpayment but if they've noticed it now then they almost certainly have some evidence otherwise they could not have tracked it down.
Its very unlikely that it is a mistake. DWP records are fantastic now. It may have been a mistaken payout originally but they are not likely to be mistaken on the point of the overpayment.
If your view is that this is a lowly sum, it could be resolved by paying it back.
Yes, I think i would put them to prove. Its perfectly reasonable that you want to check whether or not this was overpaid.
But in the end, this is a low sum of money that can be paid back if they do get a judgment against you. its not going to see you sent bankrupt. If you pay it off within 28 days of any judgment then it won't even impact on your credit rating.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).