monmoy
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Today I have received a letter from CCSCollect giving me 72 hours notice of Home Visit. The purpose of the home visit is to obtain payment or agree a payment arrangment with you and investigate your home situation prior to recommeding court action. I can avoid the collector visit by making payments to this office by return of post or telephoning the office immediately. Is this a bailiff visit? Please advise what I should be doing now in respond to the above letter. I would be grateful if you could please provide your help and support. Thanks
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Intotal 1.5 week I was employed and notified DWP but for some odd reason it did not get recorded into the system I think. If they did they would stop the JSA for 1.5 week I would think. I guess I had been unlucky with this.
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Sorry for my uncleared message. It started end of 1999 and ended in begining of 2001. DWP contacted me in 2005 for overpayments. Hope this is clear now.
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Thanks very much for your question. Its a long story. Back in 2000, I was on JSA for some time and I found a temp job over the Xmas and I started it to pick up some skills and experience. I notified DWP but they seem to have no record of it in their system. In 2005 they suddenly sent letter and accused me for over payment of more than 2 years. They could not even show any factual evidence to prove that I was working all these time. I provided my evidence but they were not willing to accept what I was saying and even they did not have any factual evidence they estimated my working hours and calcuated the above amount. I made an appeal but it did not change a huge amount and Judge was not very happy they way DWP calculated it. I could not hire a solicitor to represent me so I represented my case myself. I was not sure whether I could reject their alegation and request them to provide factual evidence that I worked all these hours. Hence I am liable of £6650.89 overpayment.
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Thanks very much for your reply. Do we have a statue barred letter template. Sorry I looked but unable to find the template in CAG website. I would be grateful if you could please provide me a link or paste the content of the letter. Thanks
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Really sorry this has gone out of context so I am submiting again. Please forgive me... Hello and Good morning to everyone. This morning I have received a Notice of Intended Legal Action issued by CCS Collect. Debtor is me and Creditor is CCS Collect agents for DWP. This notice states as below: "This is a notice of intended legal action which will be relied upon by the creditor even if not read. Documents are now being prepared for the final recovery of this debt. Amount Due: £6650.89 What you need to do: Pay the full amount due by 10 am on 10th Sep 2013 If you fail to pay or seek help from us, court action may be issued against you without further warning. Court fees, legal costs and interest may increase the sum you already owe. If Court action is taken and Judgement / a Dectree results in a Court Order being made against you to recover the money due, we may ask the Court to make one of the following orders if the debt remains unpaid: > Warrant of Execution (Exceptional Attachment Order). seizure and sale of moveable non essential assests / property by a county courtbailiff or Sheriff Officer. > Attachment of Earnings (Earnings Arrestment). Deduction from your wages by your employer or arrestment of part of your salary to satify the debt. DO NOT IGNORE THIS NOTIC" I really do not know what I need to do now. Reading the CAG posts, I understood that they cannot pursue this through the Civil Courts because it is a statute barred . DWP can claim the amount by recover the amount from the future benefits or pension. How come they have passed this to DCA i.e. CCS to recover the amount. What power they are using to take this action against me. Really confused and I am feeling helpless please advise what I need to do to resolve this. Thanks very much for your kind attention and help.
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Sorry this has gone out of context so I am posting it again. Please forgive me. Hello and Good morning to everyone. This morning I have received a Notice of Intended Legal Action issued by CCS Collect. Debtor is me and Creditor is CCS Collect agents for DWP. This notice states as below: "This is a notice of intended legal action which will be relied upon by the creditor even if not read. Documents are now being prepared for the final recovery of this debt. Amount Due: £6650.89 What you need to do: Pay the full amount due by 10 am on 10th Sep 2013 If you fail to pay or seek help from us, court action may be issued against you without further warning. Court fees, legal costs and interest may increase the sum you already owe. If Court action is taken and Judgement / a Dectree results in a Court Order being made against you to recover the money due, we may ask the Court to make one of the following orders if the debt remains unpaid: > Warrant of Execution (Exceptional Attachment Order). seizure and sale of moveable non essential assests / property by a county courtbailiff or Sheriff Officer. > Attachment of Earnings (Earnings Arrestment). Deduction from your wages by your employer or arrestment of part of your salary to satify the debt. DO NOT IGNORE THIS NOTIC" I really do not know what I need to do now. Do I need to contact CCS and say to them this is in dispute. How should I go about it? Reading the CAG posts, I understood that they cannot pursue this through the Civil Courts because it is a statute barred . However they can recover the amount when I claim benefit in the future or from my pension. If that is the case then why are they passing this to DCA i.e. CCS. I am feeling helpless please advise what I need to do to resolve this. Thanks very much for your kind attention and help.
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Hello and Good morning to everyone. This morning I have received a Notice of Intended Legal Action issued by CCS Collect. Debtor is me and Creditor is CCS Collect agents for DWP. This notice states as below: "This is a notice of intended legal action which will be relied upon by the creditor even if not read. Documents are now being prepared for the final recovery of this debt. Amount Due: £6650.89 What you need to do: Pay the full amount due by 10 am on 10th Sep 2013 If you fail to pay or seek help from us, court action may be issued against you without further warning. Court fees, legal costs and interest may increase the sum you already owe. If Court action is taken and Judgement / a Dectree results in a Court Order being made against you to recover the money due, we may ask the Court to make one of the following orders if the debt remains unpaid: > Warrant of Execution (Exceptional Attachment Order). Seizure and sale of moveable non essential assests / property by a County Court Bailiff or Sheriff Officer. > Attachment of Earnings (Earnings Arrestment). Deduction from your wages by your employer or arrestment of part of your salary to satify the debt. DO NOT IGNORE THIS NOTIC" I really do not know what I need to do now. Reading the CAG posts, I understood that they cannot pursue this through the Civil Courts because it is a statute barred. I am feeling helpless please advise what I need to do to resolve this. Thanks very much for your kind attention and help.
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Thank you Ash and Spark. Judge did not agree with the initial amount what DWP was claiming. DWP was unable to provide any evidence to prove that so they were doing some average calculations to calculate the amount i.e. 6k. Judge was not happy at all with DWP so he rejected DWP's calculations and recalculate it came up with little over 5k. It is definitely over payment but DWP did not contact me since 2006. I was under the impression that DWP lost the case when I made my appeal. I just realised it when I got letter from DWP in May 2013. I was really scared reading the letter did not know what to do as I do not have this sort of amount to pay it off. In fact, I did propose the judge back in 2006 that I had some saving just take the sum a nd finish this but DWP did not accept my offer. I had managed to save almost £800.00 pounds. Until I found CAG, I was not able to sleep properly after reading the letter from DWP as they have the power to contact my employer and take the money if I do not pay off the sum. Anyway they were not doing their job properly and did not chase me. I agree with Ash what he said and if I had the saving I would have paid it off. I have a young kid, wife, mortgage, bills, paying all these I do not have anything left. They should have had a better system in place to track over payments properly in the first place so people like us would not have to go through this painful and depressing conditions today.
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Just to update you that I have received a text message from a normal mobile number (07816867411) asking me to contact CCS as they have been unable to contact me. It is important that I contact CCS immediately on 08448735614 to discuss my reference XXXXXXXX. Would a ligitimate company send a text from a mobile number? I think DWP has passed my case to CCS (if it is a real DCA). I received SMS text twice and first time I called back no response and straight to the voice mail. Today I have the received the same message on my phone so called them back. A lady on the other end answered asking my name, address and stuff. So I said until you prove that you are dealing with a real matter I am not disclose my details. So she was saying that they have been trying to contact me but I said I have received anything at all. Then I asked them to send me a letter confirming the matter they want to discuss with me. Now she is going to send the letter to me. Do you think they are handling this professionally if they are the DCA of DWP? I would be very grateful if you could please respond to my post. Thanks very much for your attention.
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This has been really very helpful. I will wait for DWP to notify me that they have transfered my case to DCA. Then as you explained, I will send the Statute Barred to DCA and make a formal complaints to DWP. Please let me know the appropriate letter templates so that I can use it to write to them with regards to statue barred letter and formal complaints to DWP. Thanks a lot for your valuable advice and support.
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What should I do now? Should i wait or should I call them to stop them transfering my case to private debt collection company but I do not know what exactly I need to say.
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The letter I received today asking them to call them back to stop them transfering my case to private debt collection company. Now if call them can I have a chance to negotiate the amount and settle with a lower amount? Is it something can I pursue with DWP? If the private debt collect does not have no special legal power then why DWP transfer the cases to them? What should I do now? Should i wait or should I call them to stop them transfering my case to private debt collection company but I do not know what exactly I need to say.
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Thanks very much for your reply. DWP replied and saying that the limitation act 1980 does not affect their ability to recover the debt by deductions from benefits or state pension. If no benefit or state pension is in payment from which deductions can be made then they have other means of recovery available to them. The Act also does not prevent them from instructing any of their private sector partners to pursue repayments on their behalf. This is the replay I received from DWP. If they pass my case to private debt collector does it mean they can send bailiff? Do I need to pay additional fees for it. I can not even afford to pay what I owe to them and how I am going to pay of the additional bailiff charges. I really do not know how I can get out of it.
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Toay I have received a letter from DWP stating that they are considering for immediate transfer to a private company for repayment collection for the overpayment. More than six years have passed since I last made a payment or acknowledge the debt. So reading varios threads in CAG i believe this is a Statue Barred. It is purely a JSA overpayment and a civil matter. In fact I wrote to them and told them that this is a Statue Barred and reminded them about the OFT debt collection guidance. Now my question is can DWP legally pass my case to a private company for repayment collection? To resolve this I really do not have the fund to repay them the amount I owe so I do not know how I can proceed with this. I am working full time so can I ask them to take the money from my NI contribution subject to less pension payment when I claim state pension? If I had the money in my bank I would pay off and resolve this anyway. When DWP made the over payment claim it was all based on estimates as they could not get hold of proper factual evidence against me. When I made the apeal judge was not happy the way DWP gathered their evidence agaist me. So eventually judge had to calculate the overpayment based on estimates and rejected DWP's initial amount. Now I could not afford to hire a solicitor to represent my case and evidence I provided was not strong enough because I could not get the evidence from the employer as they gone bust by then (back in 2003) so I had to accept what judge decided back in 2006. I thought they lost the case hence I have not heard anything from them. All of sudden 2013 I am getting correspondence from DWP asking me to pay off the overpayment. Please rescue me from this situation it is really affecting me mentally. thanks very much in advance for your kind attention and advice.
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