B&S DCA chasing old HB 'debt' already been to a court - given a conditional discharge.

[netsniper]

This is a difficult one?

 

 

I received a letter today from Bristow and Sutor asking me to pay £14,394.44 which is an overpayment of housing benefit which I have already been to a criminal court for and given a conditional discharge.

But I'm assuming this is the DWP seeking to get their money back?

 

This all started in July 2000 when I failed to let them know that I had married although the marriage only lasted 6 days,

its a long story but to cut it short

my wife was mentally ill and disappeared after 6 days and I haven't seen her since.

 

 

So moving on when I was first contacted about this matter by the council

I then took advice from the CAB who gave me the assistance of a specialist Solicitor that works for the CAB

 

 

she contacted them several times and we was in negotiations

and suddenly they stopped writing this was a couple of years ago

and I have had no contact since until today.

 

I live in rented accommodation and I receive DLA with the care rate and the mobility rate as I have a serious heart condition amongst other medical problems.

 

 

My question is what should I do?

I have a form to fill out from Bristow & Sutor asking me about my income and any illness I may have and also my D.O.B and Ni number I don't own anything of any value except my car which I need to get around.

 

 

I have no money in the bank and currently I am paying back £15.30 each week from my IS which will end in 2020 Although as I said I did get married but it only lasted 6 days I was still claiming as I had done previously.

 

Something I found on another site "the client may have been overpaid but still be entitled to some benefit.

This is a specific statutory requirement for income support and housing benefit."

 

can anyone tell me taking into account all the above including what I am already paying the the DWP for over payment of IS how much more can they take from me? or if anyone has and other advice I would appreciate it.

 

Thank you all for reading.

Edited April 21, 2012 by Conniff

[BRIGADIER2JCS]

Hi, The situation is that the debt can now be collected as a deduction from any means tested benefits and state pensions

but the amounts are strictly controlled and must not put a person in to hardship.

 

Have you at anytime paid anything off this overpayment?

When was the HB stopped and investigated?

 

 

I ask because these debts become statute barred after 6 years if no payment or written acknoledgment has been made.

Debt collection agencies employed by the DWP have no extra rights or authority than they have in chasing any other debt.

 

Ultimately and decision will be made by an official at the DWP.

These agencies are subject to the Official Secrets Act in the same way as civil servants,

and all their letters are vetted by the DWP and they are subject to an official audit of their work.

 

You need to complete the I&E form and provide written evidence of your disabilities.

Make sure the amount you are already paying is clearly stated, as said the deductions are strictly controlled.

[netsniper]

Thank you for your reply.

 

To answer your questions,

I haven't made any payments to this particular issue.

HB stopped I presume from the date they are saying I received an overpayment which was Period of over payment 17 July 2000- 20 March 05

 

The matter was dealt with at Crown Court on 11 August 2008.

The first invoice I received from the council is dated Feb 2006.

 

Thank you again.

 

I forgot to ask? Should I complete the form they have sent me?

 

Thank you

 

Does anyone else have any other advice???

 

 

Just to ad its the Council that have asked Bristow & Sutor to deal with this not the DWP

[BRIGADIER2JCS]

Yes fill in the form,

but remember BS have no real authority it'll go back to a civil servant in the end.

[netsniper]

Ok thank you very much for your help. I will keep you informed as to how it goes?

[tomtubby]

I would strongly suggest that you make an appointment with the CAB.

They will be able to assist with the form and any entitlement to benefits.

[netsniper]

Thank you for your reply,

I think I will be fine with the form as its only asking me about my income (DLA & IS)

and any illness I may have and also my D.O.B and Ni number.

[Hotlips85]

The debt is now 7 years old so is statute barred, they shouldn't be chasing you for this.

Type up a formal letter and send it to them, don't pay them a penny.

 

B and S can't do anything, the worst they can do is knock on your door.

Don't answer and park your car a few streets away,

after a few attempts they will chuck the debt back to the council any way,

 

 

I don't see why you should have to pay this ,

when debts are 6 years old they get written off

, not sure if this applies to HB ,

you need to look in to this x

[BRIGADIER2JCS]

The debt is now 7 years old so is statute barred, they shouldn't be chasing you for this. Type up a formal letter and send it to them, don't pay them a penny.

 

A ''Government'' debt although statute barred can be collected by deductions from state benefits including pensions and pension

credits.

Debts DO NOT get written off after 6years they still exist and can be pursude short of court action.

 

Please be careful you advice is misleading.

[Hotlips85]

I did say I am not sure whether it applies to HB .... So cheers for the correction.

[netsniper]

Thank you all for your advice.

Can you tell me,

do I have to disclose my personal information on this form?

ie D.O.B and Ni number ?

[RaeUK]

Why wouldn't you want to disclose your DOB and NI number? I would have no problems doing so, particularly as you NI number is a main part of your identification and helps towards keeping all the info together ...

 

EDIT: Ah, it's the B&S form.

Again, no reason why not particularly as the case will be returned to the council ...

[netsniper]

Why wouldn't you want to disclose your DOB and NI number? I would have no problems doing so, particularly as you NI number is a main part of your identification and helps towards keeping all the info together ...

 

 

EDIT: Ah, it's the B&S form. Again, no reason why not particularly as the case will be returned to the council ...

 

I don't have any problems disclosing this information to Government establishments but I do worry what B&S do with this information and why do they ask for it anyway? surely they have been passed all the information that the council felt was necessary for them to do their job???? so why ask me for more?

[netsniper]

Just an update

I have replied to B&S which was over the weekend filling in the form and telling them what my income is and that I already repay £15+ pw from my benefits.

 

10 mins ago I received a call from B&S telling me that they had received my letter and that they will wait for 7 days from today for me to be able to take advice?

 

she then asked if I was single which I replied

'I'm not prepared to answer any questions on the phone' which she accepted.

I don't know how they got my phone number because I didn't give it them and it's ex dir.

 

I also wrote to a person at the CAB who was dealing with this issue sometime ago before the council stopped their correspondence for no known reason? and I'm now waiting for them to get back to me. If anyone has more advice I would appreciate it.

[netsniper]

Can anyone tell me what is likely to happen next?

I have received another letter telling me to pay up within 7 days or the matter may go to court?

At what point do they start knocking my door?

[BRIGADIER2JCS]

Have they threatened home visits??

And they are mostly just threats.

[netsniper]

No they haven't made any threats of home visits,

the only thing that has happened since I returned the form is they called me to say I have 7 days to respond

and then she asked me if I had a partner?

to which I replied I don't want to discuss anything on the phone.

[BRIGADIER2JCS]

If the debt being chased is solely your then

you do not need to supply any I&E data regrading

your partner.

[netsniper]

Forgot to add that in the last letter I received in RED they say

 

The next stage of the recovery process may involve the instigation of County court proceedings. If the court grants a judgement against you then there will be significant consequences.

[netsniper]

If the debt being chased is solely your then

you do not need to supply any I&E data regrading

your partner.

 

I don't have a partner although I am married I haven't seen her for years in fact 6 days after we were married which was probably about 10 years ago now?

[BRIGADIER2JCS]

No worries there then.

 

It is still a big MAY then in the threat I see.

[ploddertom]

Can anyone tell me what is likely to happen next? I have received another letter telling me to pay up within 7 days or the matter may go to court? At what point do they start knocking my door?

 

B&S are acting purely as Debt Collectors in this case.

They may eventually pass the case back to the powers to be who may decide to give it to another DCA.

They can go to Court but if you are on Benefits all that is going to happen is that payments will be set at a very low level.

 

If successful in obtaining a Court Order they can pass it on for further enforcement

but again if you have nothing they will be no further forward apart from adding extra costs to your debt.

 

B&S may well write & say they are coming to see you or even knock on the door,

if that happens there is an old Anglo Saxon expression you can utter at them while closing the door

- they have no powers to do anything.

 

PT

[netsniper]

Yes it is,

they also say that the court may also declare me bankrupt,

I have been made bankrupt in the past about 20 years ago it was a company I owned that had problems,

 

I remember at the time being terrified but once it was done it was such a relief to know no creditors could do anything more

so this maybe the way forward for me especially at my age and state of health,

and I don';t have any need for credit so my credit rating doesn't bother me.

[netsniper]

A friend of mine received a txt message on Saturday asking them to contact B&S to discuss their outstanding debt.

I gave that phone to my friend about 18 months ago.

I still don't know how they have managed to get hold of my home number and now an old mob number.

 

Is there anything I can do about this

because now they are telling others about my debt issues

 

although they haven't yet said anything because my friend didn't reply

but none the less it wasn't rocket science for him to work out that the message was for me.

[BRIGADIER2JCS]

You will have to write to their Complaince Manager and inform them that all contact must be made in writting.

 

Is your ''friend'' telling others about this?

 

If so tell him/her to get a new sim card

and a new number.