DWP debt

[waveydave2009]

Hi All,

 

My partner has been getting a stream of calls from IQOR regarding a DWP crisis loan that was paid out in 2001. One amusing one with shouty lady demanding £18.12 or we'd be taken to court. Now from what I can gather some people seem to suggest that such a loan is statue barred, but it could be taken out of later benefits?

 

We checked with the DWP who said 'we don't know what you're talking about' My other 1/2 has no recollection of such a loan, and to top matters off we recently SARed the DWP and we're sure there was nothing on that paperwork about a crisis loan.

 

When we did finally figure out who was calling the amount fluctuated, and the person on the other end of the phone seemed interested in our details, to which the response was could be summarised in the terms of 'Buy-One-Get-One-Free'

 

So, i'm considering writing IQOR a letter telling them to produce some evidence or suggesting they follow the advice in Arkell v. Pressdram (any Private Eye readers in the house?).

 

Would you guys be able to suggest a template? I've seen a few, but i'm not sure what's most apt in this situation.

 

I'm starting to wonder if the government is running out of money or something........

 

Thanks,

Wavey

[Out4Revenge]

I'd say that IQOR areon a fishing trip;)

I'd just write to them saying you don't acknowledge any debt to them and asking for proof, say you've never heard of them and you've never had a crisis loan, also say you will pay if they can prove the debts yours, don't give away any details and don't use your usual sig, tell them everything in writing, not to phone you. I sent a letter to 2 DCA's, and I've not heard a thing back, heres some bits that should help you,,,,

" Could you please provide me at the earliest date possible, and to ensure any payment which may be owed is not unduely delayed, proof of any debt. Do not proceed with any Enforcement action until you have furnished these proofs as I strongly DISPUTE this Debt"

"

I would also like to see any Proof you have, to establish your rights to claim this money or to start legal proceeding against me, I have at no time had any contact or dealings with your Company, so you must understand that as I have no knowledge of this debt or your company, then I would be foolish indeed to pay any monies to you until I have established that there is a Debt and You have the right to Claim that Debt. Especially considering the recent Publicity regarding this exact sort of thing being a CON, as highlighted on the BBC's Watchdog programme recently. "

"The onus is on you to be CERTAIN that firstly there is a debt, you are threatening to correct person, all pre action protocol has been followed before contacting anyone with regard to the debt.

Therefore please take note,

If this debt is found to be in error or to be unenforcable in anyway, for whatever reason, then there will be a fee for each letter/e-mail/phonecall answered/recieved, the fee will be a standard £9.00 per letter/e-mail sent by me, and £5.00 per phonecall made/recieved, also I will claim for postage/printing/paper/ink cost and the cost of any phone calls. I will also charge you for my time spent in research at the rate of £10.00 per hour. If you decide to send someone to my door, whether I answer the door or not, then there will be a fee of £100.00 per visit. So please ensure that you are chasing the correct person and that there is an actual debt in the first place before contacting me again. If you reply, using any method, saying that you require payment, or that I contact you in any manner then that will be proof of your acceptance of these fees/charges. If you want to avoid these fees/charges then simply do not contact me unless you are CERTAIN that, 1, the debt exists, 2, I am the correct person, 3, the debt is enforceable, 4, you have ALL the above requested proofs and they are sent to me at the same time.

I found your letter very upsetting and threatening and have had very little sleep since I recieved it. I have spent over 10 hours on the internet researching the relevent laws and regulations regarding my rights and also your rights, it seems that you have broken quite a few laws, rules and regulations regarding your approach to first contact/threatening behaviour, including the very latest regulations which recently came into force."

I hope this helps:)

[clemma]

Send them the prove it letter:

 

Dear Sir/Madman

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

Please note that if you continue to telephone me at my place of employment I will rport you to the OFT as this is a clear breach of the OFT Guidelines on debt collection. As your company are also members of the CSA you are required to abide by their Code of Practice and failing to do so could render you liable to prosecution under the Consumer Protection from Unfair Trading Regulations 2008

Yours etc

Debt collection library Follow this link to our debt collection

 

 

The onus is on them to prove you owe the money, not the other way round. Let them do all the legwork. IF it turns out that this money is fact owed, there is the possibility of it being statute barred. This is on the presumption that no payments and no acknowledgement of the debt has been made in at least 6 years. Send the above letter and post back here when you receive a reply.

[UnmoderatetheNet]

Do send the letter as advised but most DWP debts are not subject to statute barred

[clemma]

Crisis Loans can become statute barred (insofar as no legal action can be taken to recover the money) HOWEVER, you need to bear in mind that it can still be recoverable at any point should you claim benefits in the future.

[cerberusalert]

Just to clarify;

 

Benefit Overpayments & Social Fund Loans

 

The Department of Work & Pensions (DWP) has 6 years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over 6 years old as they don’t need to go to court to do this. This applies to overpayments of benefits such as income support, job seekers allowance, pension credit, housing benefit, council tax benefit and paying back social fund loans.

 

Debt Factsheets - Liability for Debts and the Limitation Act

[waveydave2009]

Hi All,

 

Many thanks for your messages. A quick update, i've been away so no chance to sort this out.

 

We had a number of phone calls from the people again, and here's where it gets odd/interesting: my partner challenged the company by telling them the DWP has no record of the debt, they then said the debt was for something entirely different not for the DWP and also not for £100 ish pounds, it was £400 (!). They refused to give any more information until we'd confirmed our new address (citing data protection). They said they needed a name, date of birth, and new address. Apparently they've been sending letters to the old address, so i'll have to go and take a look.

 

Oddly they refuse to give any information about them as a company - just 'a finance company from Preston'.

 

We ran an a freebie Experian credit report and there was nothing showing at all on the report, no disputes, not a sausage.

 

On Monday, i'll be sending the letter you've suggested. However, what I am worried about is giving them opportunity to start harassing us at our current address. I would have thought that they'd do a quick search for my partners name and details on the electoral roll or something or that ilk?

 

Any suggestions? Or should I just put the new address on the letter?

 

Thanks,

Wd

[UnmoderatetheNet]

Any suggestions?

 

Yes STOP talking to these people on the phone!!!!!!!!!!!!!!

 

DCA's lie, cheat, lie some more, scare and bully to make you pay. Until the law changes they will continue to do so.

 

It is up to them to prove you owe the money NOT the other way around. Send the prove it letter and telelphone hassle letter.

 

Then only communicate in writing in future.