Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have received a letter through the post from the department of work and pensions debt recovery stating that i owe them £18.40 for a social fund loan. I ignored the letter thinking it had been sent my mistake as i have never had any kind of loan apart from one from the bank.
I have now received a final demand before legal action. I decided to contact them to find out what was going on. They told me that back in 1996 i signed on benefits for 6 weeks after being made redundant which is true. They then went on to explain how they gave me a small crisis loan at the time that was repaid out of the benefits i received. But as i wasnt on benefits for long enough there was still an outstanding balance of £18.40.
I explained to them that i can't even remember having a loan and if this was the case why has it took them 11 years to get in touch with me to ask for it back. They claimed that because i have never been back on benefits the debt laid there dormant, until now.
If i owe the money then fair enough, but Im shocked that they can run a government agency this way, I also explained to them that after 10 years a debt becomes 'spent' which means they can no longer chase you for it but apparently they claim this doesn't apply with government agencies and if i don't pay by the end of the week they will begin legal procedings.
Any suggestions, should i just pay up its a matter of principal now
I also took your view that after a period of time the debt became 'expired' however it was 6 years not 10. Clearly it is just a small amount, however in a broadly similar case the time limit WAS 6 years UNLESS it was a fraudulent transaction - and clearly this is not the case.
In your situation I'd respond by saying that whilst you regret the amount is showing as being owed by you, they had 10 years to seek repayment and chose not to do so until now. Advise you will be writing to your MP for his advice, and you will respond after a formal reply has been received.
after 6 years even with the DWP it is time limited as long as there was no ccj granted, but the DWP can claim it back from future benefits. sooooo depends on how much of a principle it is as the amount is tiddly
Thanks for your help, This was the only time in 17 years at work that i have claimed any benefit, I think i will stick to my guns and not pay because i have now asked them on the phone to supply a written statement showing this so called loan and payments made on it. They have said they are not in pocession of this as they are just the collection department. And i'm really agreeved that after 11 years they can write to me for such a small amount it must be costing them more to process the paperwork, than what i'm supposed to owe.
The costs involved in pursuing such a small amount like this could be seen as an improper use of public funds, especially since they appear not to have any evidence, in which case threatening you with legal action could be viewed as harassment.
Ask them for a copy of their complaints procedure, and watch their necks wind in.
Latest update, Spoken to local C.A.B today. They are totally confused as well they have come up with conflicting documents regarding the issue.
Firstly they have come up with paperwork that states that government agencies to come under this ruling of having to reclaim the money within 6 years however as stated in above post they can still reclaim it if i have to sign for benefits in the future.
Secondly they have also found paperwork under some government charter stating that they can reclaim it anytime. They are going to try and dig a little further because they say they are very puzzled by what has happened. They also said if they had been that bothered about it at the time they could of possibly reclaimed it through my income tax.
Department for work and pensions debt 'help'
which is true. They then went on to explain how they gave me a small crisis loan at the time that was repaid out of the benefits i received. But as i wasnt on benefits for long enough there was still an outstanding balance of £18.40.
Reply With Quote
Re: Department for work and pensions debt 'help'
