Some Clarification please

[benmillsuk]

Hi my partner is having problems with CCSCOLLECT they want a full balance payment for single parent overpayment we did the stupid thing and rung them offering £50.00 per month with potential overpayments if money allows. They knocked us back the three times we spoke over the phone to them instead increasing the amount the wanted every time. We kept getting letters saying "we have not received payment of agreed amount" and have received a letter today NOTICE OF INTENDED ACTION. The trouble is my partner is not the greatest with computers and my job pretty much gives me no real time to do anything in my personal life and were both poor with finances. So whilst wanting to write to them i have no idea about laws and regs what to say and how to word things.

 

Could someone please show me a link or give me tips to a letter stating that we want to pay £50.00 a month

And they also said they wanted a rundown of income now I’m a little confused with some info i have managed to look up can someone clarify

1. If my wages would be taken into consideration (as the debt is nothing to do with me)

2. If my partner has to put down child support or child benefit in there as income.

3. Should we half the bills when writing down outgoings if only her wages are used.

 

Many thanks for reading Ben

[maroondevo52]

Hi, Ben.

 

Sorry, I'm not too clued up on this sort of stuff

I've pm'd another Mod who is, I'll move this thread to a more appropriate Forum, where hopefully you'll get some help.

 

Regards.

 

Scott.

[PriorityOne]

Have you asked for a breakdown of how they've reached this figure? I assume that a lone parent overpayment is a DWP debt... is that correct? Did DWP write to your partner about this before CCS Collect got involved?

 

To answer your question... no, your wages are not relevant to this because this is not your debt.

[benmillsuk]

Yes it was DWP they did write to my partner just as we moved intogether and i guess we were our own worst enemy and kind of brushed it under the carpet as we had various other debts to sort out. Then the wrote again and we asked them for a breakdown it never came until we got a letter from ccs stating it had now been passed to them we rang dwp and was told we should of rung up but what with her ex partner causing problems and moving address it was overlooked. We want to pay it because we know we owe it (not sure about the amount), but we want to pay it off and be able to have a bit of money to play with at the end of the month (not sure if that's the right attitude)

[PriorityOne]

Ok.... you need to write to CCS for a breakdown of the amount they allege to be outstanding. Send your letter by rec. delivery and wait for them to send details back to you. When they do, come back on here and update us please.... as there may be unlawful charges on there that they've added for themselves.

[benmillsuk]

Just a quick one would we have to include both Child Maintenance and Child Benefit within her monthly income as i'm getting mixed info on this some say no as it's for a child and some are saying yes as it is income?

 

Any info would be most grateful Ben

[PriorityOne]

I would wait and see how they've reached the balance they're chasing you for before providing any information BUT.... if child maintenance is being paid by an ex partner and is a private arrangement between your partner and her ex, I'd be inclined to leave it off any figures that you send to CCS.

 

£50 a month is really quite a generous offer from you to repay and to be honest, they should be grateful for that. Once you have their figures in front of you, you can then repay based upon what you can genuinely afford and no more than that.

 

It's not up to them to decide how much... it's up to you.... and once payments have started to be made, I wouldn't be sending them any personal info. at all, to be honest because no matter how much they huff and puff about it, they're not actually entitled to receive that info. unless it's ordered by a court anyway.

[benmillsuk]

To be honest my partner is pretty sure it works out right and from the figures she gave me the other day it seems about right. In terms of the letter i want to show that her wages with half the household outgoings including her debt repayments would leave her with £50.0 a month left ofcourse my wages will pay for the rest so were not being unrealistic in the repayments how do you reckon i explain this without actually giving away to much info?

[PriorityOne]

To be honest my partner is pretty sure it works out right and from the figures she gave me the other day it seems about right. In terms of the letter i want to show that her wages with half the household outgoings including her debt repayments would leave her with £50.0 a month left ofcourse my wages will pay for the rest so were not being unrealistic in the repayments how do you reckon i explain this without actually giving away to much info?

 

If you're happy with the figures and happy with paying £50 a month, just write and tell them that's the amount you'll be paying. Enclose a cheque and send it by rec. delivery.

 

As said, they're not entitled to any personal info. from you and if they did decide to take you to court for higher repayments (unlikely) a Judge would see that you've made regular payments of £50 a month and probably question them about the point of taking court action in the first place.

 

[benmillsuk]

Thanks ever so much priorityone you have been such a great help i shall be writing a letter today to inform them i shall post here if i have any issues thank you so much Ben

[ErikaPNP]

When was the overpayment made?

[benmillsuk]

To be honest my partner is not 100% sure but she says around october 2004 to april 2005

[ErikaPNP]

Ah right so it isn't beyond six years then. You say that you know you (or your partner, rather) owe it.

 

Can you tell me how the overpayment resulted? I'm asking because some overpayments are not recoverable by law; they are only receoverable under section 71 of the Social Security Administration Act when the overpayment was a result of the claimant misrepresenting their claim, or failing to disclose a material fact.

 

If, on the other hand they overpayment resulted because of something they did, i.e didn't stop the benefit payment when they should have after the claimant disclosed a change in circumstances, or otherwise paid benefit in error, the overpayment is not legally recoverable in which case, they have to take whatever amount is offered to them, or nothing at all.

 

If there is any doubt at all, your partner can submit a subject access request to the DWP requesting all information held about that claim and the overpayment so that you can establish whether the overpayment is actually recoverable.

[benmillsuk]

This may or may not sound bad but she was aware that she was being given money that she wasn't entitled to her partner at the time and father to their child was expecting money from her at the same time she had no income so it was the only way i guess. She realises now she may of been able to choose another path but (and i know i have done this) at that time you do what you think is right then think about it later so we are going to pay it back but these guys were awful with her the other week we first called them they wanted £60 we said £50 they said no we called them again they said £100 but after coming on here i think the best course is to write to them offer £50.00 with additional amounts ontop if finances allow if they say no then i'll have to come back and seek advice:)

[PriorityOne]

Please don't write and "ask" if £50 is ok.... tell them that's what you'll pay each month, enclose a cheque and stick to it. Don't speak to them on the 'phone after that or they'll intimidate the cr*p out of you; much the same as they're trying to do now.

 

We're not here to judge you, by the way and most of us have had our back's up against the wall in one way or another, myself included.