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Credit Solution Regarding Department for work and pension

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Got a letter final letter from Credit Solution ,demanding

this is what they have written>

 

We refer to our previous communcation and are disappointed that you have not made reasonable proposal to clear your debt.The manner in which you have conducted your account is unacceptable and can not continue. our client is not prepare for this sum remain outsatnding any longer..........

 

I Dont know what to do as this was crisis loan which was taken out 13 years ago or longer..please advise. Thanks

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If you have not made a payment or written acknowledgement of this debt then it is Statute Barred and they cannot take any legal enforcement action. However, after saying that there is a partial exemption with the DWP in as much as they can deduct any debt from certain future benefits.

 

Send the nice people at Credit Solutions this;

 

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 CPUTR2008

 

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


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I have been down this road, they reclaimed benefits money from me from 1991, and unfortunately, I don't think a lot can be done about it because it is classed as Public Money.

 

How much was the crisis loan for?

 

If I were you, I would contact them in writing and make a payment offer, because if you ignore it - as I did- they may do what they did to me and take 1/3 of your benefit (if you are claiming benefit) which they are legally entitled to do.

 

As far as I know, this debt will never become stat barred.


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As far as I know, this debt will never become stat barred.

 

See first paragraph in post #2


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See first paragraph in post #2

 

I have read it, but this is for a loan from the DWP and as it is public money, it may not be able to be stat barred. when this happened to me I took legal advice because they had managed to get a figure of over £1000 dating back to 1991. I was trying to fight it and suddenly my care allowance was reduced by 1/3. They took it anyway even though I had disputed it.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

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It doesn't matter whether it's public money or not. They are unable to take any legal enforcement as in applying for a CCJ, SDs etc because it is still covered by the Limitations Act. Although as I said previously they have an exemption in that they can deduct monies from future benefits.


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Just read section 18 and 19 of this and was suprised that they could possibly reclaim outstanding amounts from a bankrupt if they ever went onto benefits.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

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Yes but they can only claim from future or present benefits... nothing else.


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Yes but they can only claim from future or present benefits... nothing else.

 

I know, so surely, in effect it will never be stat barred unless the OP is in a position to never need to claim benefits. One question though, I know they couldn't deduct from my child tax credits which is why they deducted from my care allowance, but could they deduct from working tax credits? Not too sure if they couldn't touch child tax credits because it is money paid to help keep children or if it is because the payments come from Inland Revenue rather than DWP!


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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I know, so surely, in effect it will never be stat barred unless the OP is in a position to never need to claim benefits.
Statute Barred means that it is time barred under the Statute of Limitations in as much as they cannot take any legal action against the debtor
I know they couldn't deduct from my child tax credits which is why they deducted from my care allowance, but could they deduct from working tax credits?
No because Working Tax Credits are not part of their department, that comes under HMRCS.

Anthrax alert at debt collectors caused by box of doughnuts

 

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I am working but cant afford to pay £1263 to them i am going crazy can some one help

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I am working but cant afford to pay £1263 to them i am going crazy can some one help
Send them the letter in post #2 it is timed barred and they cannot take any enforcement action against you. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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IMO, with this being public money, it will never really go away.

 

Have they threatened any legal proceedings? (as cerberusalert says, with it being stat barred they cannot take legal action).

 

With it being a crisis loan, were you in receipt of benefits when you got the loan, and can you remember when you last paid anything off it?


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Given the age of this alleged debt Credit Solutions have no business dealing with it, It's purely a matter between the OP & the DWP. if after receiving the SB letter Credit Solutions continue to pursue they will be in breach of OFT guidelines.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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IMO, with this being public money, it will never really go away.

 

Have they threatened any legal proceedings? (as cerberusalert says, with it being stat barred they cannot take legal action).

 

With it being a crisis loan, were you in receipt of benefits when you got the loan, and can you remember when you last paid anything off it?

 

I was getting income support and only few pounds were paid

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If there is any time where there was a clear period of six years (five in Scotland) where you made no payment or written acknowledgement of the debt it will be Statute Barred and nothing can unbar it.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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people are saying that if its DWP loan then it cant be barred is that true

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people are saying that if its DWP loan then it cant be barred is that true

No.

 

As I have said more than once above all they can do is deduct monies from future benefits. Once the debt falls within the parameters of the Statute of Limitations 1980 http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1980/cukpga_19800058_en_1 they cannot take any legal action. All they can do is ask you nicely to make payment if you are not on benefits, equally you can tell them to go forth and multiply & if they or a debt collector continues to pursue they could be in breach of the Harassment Act 1997 http://www.legislation.gov.uk/ukpga/1997/40/contents


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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