dwp,iqor and incasso chasing a 25 year old debt

[ianhath]

hi,new user here hoping for some guidance.around 25 years ago i claimed a benefit but ticked a wrong box and got overpaid by £350,i got notified of this at the time and attended a tribunal that ruled i owe the money,after the tribunal i was informed by the staff that basicaly i owe the money but if i dont pay then it will eventualy be deducted from any future benefits.

i cant recall when i first received any more notice of this but i do recall occasions over the years when i have had a phonecall saying that i owe this money and do i want to pay it.

last year i seem to recall getting letters from a firm possibly called eversheds then phonecalls from them till i eventualy offered to pay them £10 a month but didnt hear nothing else from them.

last month i started getting quite off hand phonecalls from a company called iqor,after i read up on this company i decided to not give any security details when they rang so they threatened doorstep action.

now i have received a letter from a company called incasso informing me that they intend to take court action unless i pay within 10 days of the date on the letter.......which is dated 14th september.they also inform me that i will be liable now for costs etc.

i do owe the money but dont want to deal with these bullies,can anyone advise how best to proceed.thanks for your patience.

if this is in the wrong section i apologise and request it moved to the correct one.

Edited September 18, 2010 by ianhath
adding

[alfwithhair]

If its 25 years old it is well and truely statue barred with regards to any court action.

However the DWP is still entitled to collect the over payment from any future benefits you may receive

 

Their threats of legal action are just that, threats.

 

Do not acknowledge the debt to any DCA

Do not discuss the matter on the phone with any DCA

Write to Incasso and ask for proof you owe this amount, chances are they will have no paperwork after 25 years

[ianhath]

i thought it would be that but was concerned that yes i have had various reminder calls over the years so didnt know whether the 6 year counter starts again.is that all i need to do?write to incasso and ask for proof.

i do owe the money that i wont deny and am quite willing to have it taken out of any future benefits,i would probably have paid it if the dwp had sent sent a request but these companies treat you like sXXt and are quite threatening so wouldnt like to let them feel like they have won if i can.

i dont want to incur further costs though and i am concerned that maybe they can take me to court and rack up extortionate costs.

[alfwithhair]

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.

 

So forget the prove it letter send Incasso this by recorded delivery and do not enter in to any discussioon with them on the phone if they ring you.

Give them no personal, banking or other infomation

When/if you get their reply comeback on here and lets us no what they have said

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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 payment 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

Mr A N Other (print your name do not sign)

[ianhath]

that is fantastic,thank you very much indeed.i think the following section may need altering in some way though as i have had contact from them acknowledging the debt although i cant recall any letters or calls for the first 10 -15 years or so i can remember that over the last 10 years i have had calls,what do you think?

 

"The last payment 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."

[Guest Cartaphilus]

I'm with Alf, regarding the rest. I also wondered if this would be of any use, also from the DWP's own website on the gathering/sharing of information. Perhaps for future reference, maybe should you need to ascertain from them what, if any, data they still hold on you. But after 25 years ... I think the monkey ones ie Igor and Incasso are ... chancing their arm.

 

http://www.dwp.gov.uk/freedom-of-information/

 

Actually, I perhaps should explain why I post the link. It was because I was trying to find out how long DWP is allowed to hold your data. I used to work for them.

[alfwithhair]

Leave the letter as it is, you have only had contact from DCA's not the DWP

[ianhath]

fantastic,i cant praise you guys enough to be honest.situations like this can pull people down when they dont realy understand what to do and how to go about doing it.is it adviseable to apply immediately to the dwp or wait till i hear anything back from incasso?

[Guest Cartaphilus]

Go with Alf's advice, I was providing that link for the reasons I stated. It wasn't to confuse anything for you.

 

However, if you knew what happens with some 'record keeping' at DWP ... it would keep you up at night. Purely being truthful, nothing else.

 

Sorry for butting in, I wish you good luck and hope you have a satisfactory conclusion to all this, as I am sure you will.

[ianhath]

will send the letter off monday and will let you know how i get on soon,hopefully.