re DWP LOANS

[HUGGYUK2009]

Hi I have just recieved a letter from DWP saying I owe them £674 in upaid loans from 1995-1997 as I AM in full time work now and have been since 1997 I cant remember about theese loans and dont think I OWE THEM THIS MONEY. Is there anything I can do to stop them keep writng to me.

thanks

huggy.

[cerberusalert]

In a word yes, send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

Although it's Statute Barred and they cannot take any legal action they are allowed to deduct it from certain future benefits.

[topbanana1971]

Limitation Act 1980; Its statute barred after 6 years of no contact about this loan. Presuming by your shocked response you havent been aware for many years about this?

This is Section 9(1) of the act:-

Actions for sums recoverable by statute

 

9 Time limit for actions for sums recoverable by statute

 

(1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

Not sure about the benefits issue. Perhaps it would be better to speak with your family to make sure that the debt hasnt been acknowledged at all either directly or indirectly. Then write them a letter.

[topbanana1971]

Dear Sir/Madam

 

Acc/Ref No xxxxxxxx

 

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

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last contact of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully