Statute of Limitations?

I have a client who has a couple of VERY elderly overpayments. An Income Support of £300-ish dating back to 1996, and a Widowed Mothers Allowance of £1500-ish dating back to 2001.

The IS was originally being recovered from ongoing benefit, but the last contact regarding this was received in 1997.  The WMA was last notified in any way in 2001.

I’ve obtained copies of all documents from DWP through subject access request, Debt Management last looked at the case in 2003, but didn’t make any contact with claimant at that time.  There’s evidence backing up the last times they contacted the claimant about the debts.

Am I right in my belief that these overpayments are now statute barred due to the time lag since the DWP’s last contact?  And any advice in how to get them to leave client alone?

The Limitation Act only applies to recovery through court action and court action at common law cannot be used for overpayments due to failure to disclose/misrepresentation.

On the facts stated, they are both statute barred.  However, as nevip says, this only means no Court action can be taken.  If your client receives any DWP benefits now or in future (including, I believe, state retirement pension) the overpayments can be recovered by deduction.

The FCA rulebook for creditors says they should stop contacting a debtor if informed in writing that no payments will be made on a statute barred debt.  However, I would be most surprised if DWP consider they come within the ambit of that rulebook.

You don’t say when the decisions were issued, but I assume they are outside the time limit for MR.  Ask the SofS to consider not recovering?