DWP sold non existent debt to DCA? any advice?

[besty2011]

Hi,

I have just signed up as in desperate need of some advice regarding the DWP selling my apparent debt (which does not even exist) to a debt collection agency.

Sorry if this is going to be a long one!

I stopped working July 2010, for a short period until sept claimed Income support along with council tax benefit until sept 2010.

I notified DWP that there would be a change and I would no longer be entitled to IS from 26/09/2010.

They immediatley stopped my benefit in Aug 2010, until I could sent further evidence, which I did and recieved £56 In October.

In Nov Council tax wrote to me about my benefits being stopped in Aug so I owed 3 weeks in Sept, I managed to prove that I was still entitled to IS at the time and they cancelled the debt.

 

In March 2011 I recieved a letter stating that I had been overpaid an amount of £196.32 in IS 31/8/10 to 21/09/10 and they had sent the debt to a private debt collection agency.

I contacted the DWP who confirmed I have never been overpaid, and following this I phoned the DCA to discuss this, they did not have anything on file.

I immediatley wrote to the DWP to query the suscpicious nature of all this and asked them to confirm in writing what the situation was. I still have no reply.

 

Last week I recieved a demand for payment from the DCA so in turn phoned DWP again who again confirmed I had never been overpaid, I then spoke to the Debt management dept, who said they have sent a debt to a DCA, I asked them why and was told it was out of their hands and the DCA needed to deal with it. I spoke with DCA which was an experience I never want again! the man on the phone would not even listen to me trying to explain that a mistake must have occured to be called a liar and then he 'shouted' at me that if I did not pay immediatley he would be taking it further, and would be calling on me for payment in the evening!!!!

I have further spoken to IS benefit who have looked over my file and confirmed for a 5th time I have never been overpaid, but as they only deal with live claims they could not assist me further with the matter! I have since put a bundle of all correspondence together and sent to DWP, Debt management dept, and DCA to prove I was entitled to IS at the time, and included my query letter and a letter explaining the events of last week, and demanded someone takes responsibility, and that I get a response from all parties about what they are going to do about the matter.

 

I do not know where I stand on this as nobody will deal with this (other than the DCA and only in respect of paying them money).

Can DWP 'sell' my debt without even notifying me that they have a debt on file or looking into the matter?

Has anyone else ever experienced this, or have any advice for me on what I can do to sort this out as so far nobody appears to be able to assist with the matter!

[harrassed senior]

I would send the 'prove it' letter to the DCA which should make them delve a bit deeper for information. It is for them to prove the debt and not you to prove you do not!

 

Keep everything in writing, and unless you can record calls, do not contact anyone by telephone.

 

Unfortunately it is a sign of the times with passing around your personal information.

 

http://www.consumeractiongroup.co.uk...ng-of-the-debt

[besty2011]

Thank you so much I will get one printed off and sent out with proof of postage.

[harrassed senior]

Thats the way to go, come back and keep us updated or if you require further advise.

[besty2011]

Thanks I will let you know when I get a response.

[meemok]

It wouldn't be CCS collect by any chance?

 

They are/were (been quiet for a while) hassling me for a DWP debt belonging to someone else (same name, different everything else)

 

I would phone DWP debt management directly, tell them that you refuse to deal with the DCA under any circumstances as your details should never been passed to them, and ask for a copy of their complaints procedure.

[BRIGADIER2JCS]

The DWP are using a raft of DCA's for this sort of thing now and none of them has any background in dealing with this

sort of problem and have no knowledge of the enormous amount of law and regulations of the social security acts.

[besty2011]

Thanks again everyone, so far I have printed off the templeted (altered it first!) and posted it first class to DCA with proof of postage.

Also I have requested a SAR from the DWP, so hopefully that should be sent to me soon so I also have all details IS and debt management hold about this.

I have also wrote a complaint to the debt management department of DWP as by looking at the website they have not followed many of the standards they are supposed to work to also they suggest that they only use DCA only when their debt recovery has been exhausted, as they have never made contact with me I have sent off a 3 page long complaint.

 

Been at it all day now, really appreciate the advice everyone.

 

By the way the DCA is credit solutions ltd, csl, based in surrey. Have just also worked out they keep phoning me with an automated machine!!

 

Any further advice would really help if anyone knows of anything more I can do about the situation.

[Tootles1971]

make sure you keep a log of any calls you receive, even if it's just a message left on your answerphone.

[meemok]

With regard to the SAR, you will probably get a letter back from the DWP asking you to specify which information you want.

 

The one I got had a list of benefits with tick-boxes, and a space to write in any other info I wanted.

 

3 letters back & forth, each time they asked me to be more specific as I just wrote that I wanted a copy of 'all the information the DWP holds about me'.

 

There is a thread on here somewhere with a link to someones blog which also talks about how DWP employees are instructed not to release certain info unless it is specifically asked for.

 

--> http://www.consumeractiongroup.co.uk/forum/showthread.php?206574-Sar-Request-To-The-Dwp (cerberusalert post #2 the whatdotheyknow link)

 

Also, it is free to SAR the DWP, so don't waste a tenner on that 'cos you'll probably need it for stamps!

 

Good luck!

Edited May 11, 2011 by meemok
adding link

[ErikaPNP]

You are doing all the right things.

 

You should also get your MP involved in the matter, ask him or her to make representations on your behalf. Live claim or not, when an MP gets involved, there is a process where every piece of your claim will be put under the microscope. They will respond to your MP who will then forward the response to yourself. Where they are unable to justify their actions, you will usually get an apology.

 

But sometimes, an apology just doesn't quite cut it. That's why, when you have a final response and an apology you should put in a claim for a consolitary payment for injustice resulting from maladministration.