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

[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.

[BRIGADIER2JCS]

Yes fill in the form,

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

[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.

[BRIGADIER2JCS]

Have they threatened home visits??

And they are mostly just threats.

[BRIGADIER2JCS]

If the debt being chased is solely your then

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

your partner.

[BRIGADIER2JCS]

No worries there then.

 

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

[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.

[BRIGADIER2JCS]

Hi no he isn't telling anyone and I will take you advice so thank you.

 

Never a good idea to pass on or sell a phone with the original sim card for just this reason.

[BRIGADIER2JCS]

Hi,

What a load of baloney, your benefits are for you to live on not to pay non priority debts.

 

May I suggest the following.

 

Same addressee as before.

 

Ref:XXXXXXXX

 

Dear Curr or Madman,

 

I refer to your letter regarding the level of payment you ''require'' for this debt.

 

You should be aware that it is I who decides what I can afford to pay towards non priority debts such as this.

 

Your threats of ''Further Action'' have little impact and are of no interest to me,

as you will no doubt know should you decide to escalate this matter to court action the most likely conclusion would be that a judge would award £1.00 per month because of my financial status and dependence on benefits.

 

I am however prepared to be generous and pay £1.00 per week by standing order.

 

I further suggest that if you do not have sufficient authority to comply with this, please refer it to someone who does.

[BRIGADIER2JCS]

Send the drafted letter anyway.

IF the OC gets back to you send

the same letter to them.

[BRIGADIER2JCS]

Yep that one, didn't know if you had sent it yet.

 

The OC may contact you, but more likely they'll farm it out to another DCA.

[BRIGADIER2JCS]

OC=Original Creditor.

[BRIGADIER2JCS]

Agreed, send an appeal to the manager of the DWP Debt Management Office..

[BRIGADIER2JCS]

Ok I'll review the whole thread and info recd.and get back to you asap. prob tomorrow pm.

 

Brig.

[BRIGADIER2JCS]

No prob I'm off to feed me face now:madgrin:

[BRIGADIER2JCS]

Hi having read through the thread

I must agree that a deduction based on the cost of your obviously essential mobile phone is unfair and unreasonable,

if the department will not acceed to this then imo an appeal to the Tribunal Service is warranted.

 

So, a formal complaint to the Manager at the office dealing with this,

your budget sheet clearly shows that you would be placed in hardship if such deductions are made,

 

 

lay it all out in a concise form and give explicit reasons to justify the phone contract for emergency use.

 

Notify the department that if they go ahead you wish to enter an appeal immediately.

[note for info only: I have seen Netsnipers I&E by pm as it contains personal data).

[BRIGADIER2JCS]

Your welcome, if you need any help with the letter let me know.