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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
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dwp chasing payment for 15 year old debt


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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 collectors if i don't pay.

 

Any advice please would be much appreciated

Thanks

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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 collectors.

Thanks again

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Debt collector 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.

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The debt is statute barred 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.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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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.

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Is this DWP debt management handling this

or has it been passed to a debt collection agency?

 

You could send following to whichever organisation

is chasing it.

 

Dear Sir Or Madam,

Ref: xxxxxxx

I write in regard to the overpayment you state is owed by me,

I am fully aware that this ''debt'' is statute barred 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.

  • Confused 1

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks Brigadier,

 

It is DWP Debt management, 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.

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This is a template letter designed to frighten, which is why I added

the para about Statute Barred debts.

They have already acknowledged that they can't take you to court

anyway.

AND they cannot report it to the CRAs anyway.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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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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