Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Unhappy dwp chasing payment for 15 year old debt

    Hi everyone I am new to this site,

    I would be very grateful for some advice regarding 15 year old debt from DWP.

    I received a letter ta the beginning of Feb 2012 demanding payment for old debt from 1997,
    also said that i had been contacted before (but I haven't).
    I have been in full time employment since then.

    I contacted them to ask what the debt was for and was told it was a mistake when I was on income support from 1993-1997 which i would have to pay back.

    I asked for all correspondance relating to the debt to be posted to me,
    two weeks later i received letter stating what the debt was for ,
    apparently i had appeal against the decision in 1997 through a solicitor and i have not receive anything since so thought my appeal had been accepted.

    Now they have hit me with a hugh amount and are threating debt collectorsicon if i don't pay.

    Any advice please would be much appreciated
    Thanks


  2. #2
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    Default Re: dwp chasing payment for 15 year old debt

    Have you asked for a breakdown of this debt?


  3. #3
    Basic Account Holder pippie01 Novitiate

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    Default Re: dwp chasing payment for 15 year old debt

    Thanks for replying, they sent me a breakdown but from what i can remember it is not correct which is why i appealed it, I asked for all correspondance but they won't send me anything relating to the appeal, can i request that they send this, I only have a few days left to reply now and i have to fill in all my outgoings and send back to them.
    I have asked them to take me to court so that i get to fight my own corner, but they said they can not do this but can send debt collectorsicon.
    Thanks again


  4. #4
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    Default Re: dwp chasing payment for 15 year old debt

    debt collectoricon have no power whatsoever, you do not have to speak to a debt collector and you do not have to give him anything.

    It's obviously not legally enforceable or they would be talking court, that is all they know, so you can play along with their little game or just ignore it and the following letters.


  5. #5
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    Default Re: dwp chasing payment for 15 year old debt

    The debt is statute barredicon that's why they cannot take
    you to court, but they are entitled to recover the debt
    in another way if you at any time receive any further DWP
    benefits including state pension deductions can be taken
    from that benefit.
    The DCAs the DWP use a heavily regulated and are subject
    to the official secrets act in the same way as civil servants,
    and the content of all letters sent is approved by the department.
    (source Lord David Freud, Minister for Welfare Reform DWP.)
    There is little that they can do to make you pay, but they won't
    go away.
    Make an offer if you like of a payment that you can easily afford.

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  6. #6
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    Default Re: dwp chasing payment for 15 year old debt

    many thanks for the replies, i have offered them what i could afford and they won't accept this, they want treble what i have offered to pay, they have now sent a form for me to complete with my outgoings monthly, do i need to complete this form i do i just stick with the offer that i can afford i didn't think they could decide what i pay, but i am unsure.

    Thanks again for your advice.


  7. #7
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    Default Re: dwp chasing payment for 15 year old debt

    Is this DWP debt managementicon handling this
    or has it been passed to a debt collectionicon agency?

    You could send following to whichever organisation
    is chasing it.

    Dear Sir Or Madam,
    Ref: xxxxxxx
    I write in regard to the overpaymenticon you state is owed by me,
    I am fully aware that this ''debt'' is statute barredicon and court action
    cannot be taken, if the debt is reffered to a debt collection agency
    nothing changes and I will still only be able to offer to pay £xxxx.
    Therefore I once again offer to pay £xx per month and the first payment
    is enclosed herewith.
    Send it recorded delivery.
    I have sent this ona number of occasions for others.

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  8. #8
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    Default Re: dwp chasing payment for 15 year old debt

    Thanks Brigadier,

    It is DWP debt managementicon, I will send letter recorded delivery today.
    Can you just advice please as on the letter it says if it is passed on to civil proceedings this will add further costs to the amount owed and may affect future credit ratings, is this true i have worked really hard over the last 10 years get a fair credit status and cleared all debts over the years.

    Thanks again its just frightening when you receive such mail 15 years later.


  9. #9
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    Default Re: dwp chasing payment for 15 year old debt

    This is a templateicon letter designed to frighten, which is why I added
    the para about statute barredicon debts.
    They have already acknowledged that they can't take you to court
    anyway.
    AND they cannot report it to the CRAs anyway.

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  10. #10
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    Default Re: dwp chasing payment for 15 year old debt

    Thank you so much Brigadier, you have just put a smile on my face for the first time in weeks.
    I was so worried, i have never hidden from anything and always paid off debts but this was a shock!!!
    Anyway great site and i will keep you all informed of responses i receive.
    Thank you again.



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