Eversheds & DSS

[Crill]

HI

 

I received a letter from Eversheds yesterday in relation to a 'loan' i had taken from the Department for Social Development 4 1/5 years ago. They have also called twice, once at 8 o'clock this morning, but I have not actually spoken to them yet (I asked them to call back at 9 and they agreed but never called). As far as I am aware this was not a loan but a grant, was for rehousing etc. its not for a huge amount but I don't feel that I had ever agreed to pay this back.

 

What should I do now? Form looking at the site I was thinking CCA but not sure if this applies in this case?

 

Thanks

[spamheed]

I shouldn't believe that the CCA would apply as DSS loans are generally none credit related - ie no interest and repayable via benefit deductions.

 

Even if this is a legitimate debt, you still have a right to know to whom you owe money and who has a legal right to collect against it.

 

I would send them a "prove it" letter, simply stating "you owe us £xxx" is not good enough, they need to produce documentation proving your liability otherwise they can whistle.

[cerberusalert]

Your best bet would be to contact the DWP and ask them for proof of the debt. just tell Eversheds the a/c is in dispute until you receive proof of the alleged debt.

[Pinky69]

Don't speak to them on the phone - you will just get tge height of abuse and cheek. Insist everything is in writing.

[ErikaPNP]

As above, issue them with the "prove it" letter. What they must provide you with isn't a CCA but it is a copy of an offer letter which you would have signed if you had taken out a loan. They may send you screen prints, this is not sufficient and you need to make that clear to them. If they intend to take court action then they would need to provide the offer letter signed by you to prove you owed them money.

 

Can you remember what it is you applied for? Was it a Community Care Grant? If so then sometimes someone is not considered high priority for a Community Care Grant but are offered a loan instead. If this was the case, you would have had to have signed an offer letter before any monies were released to you.

 

As with a "normal" debt it's no CCA, no pay. In this case, it's no offer letter, no pay.

 

Hope this helps

[Crill]

Thanks for the replies

 

Does anyone have a template for this letter? I want to be sure it says exactly what is needed, no more and no less. Would there be a time period they had to reply in like the CCA?

 

They have called everyday since the letter, most days its been twice, the first 5 or 6 I stated that I didnt want to deal with It over the phone, that I didn't want any more calls but made no difference. They have an automated caller, that has all my initials wrong, that holds the phone line regardless of what option I pick or even hang up.

 

The last 2 times I have refussed to answer the security questions as the company is unknown to me and when, when they have called me, would I give them personal information. This seems to work as they can't continue the call, the really don't like this, very abrupt.

[cerberusalert]

Dear Sir/Madam

 

Account no:

 

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.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

[Crill]

Well I sent the letter and 2 days later the calls stopped, seems like a positive result.

 

Got a leter today saying "confirmation of this was provided to you on 3 march 2005 by our Client." "If you have any further queries please refer directly back to the DSS.In the meantime, our instructions remain and we would ask you to reply to our office in 7 days, enclosing payment for the outstanding sum...."

 

To me this seems to they have no proof of this and essentially want me to do this work myself, they have not answered my query.

 

What should my next step be, it seems to be that it is theeir obligation to prove this is a debt I have incurred?

 

Thanks

[cerberusalert]

The onus is on them to prove that you owe the debt & they are entitled to collect. You could make a complaint to your local Trading Standards via Consumer Direct; Consumer Direct - Contact us and the OFT [email protected]

 

You could also write to the DWP editing the letter in post #7 & make them provide the information.

[Crill]

Thanks

 

I might write a letter to them saying that as they are the ones asking me to repay they would need to sghow me they are entitled to. I just don't want to ignore it and would prefer to answer their non reply letter.