iQor on behalf of DWP

[Emma74]

Hi

 

Looking for some assistance

 

just received a debt collection letter from Fredrickson INT Ltd,

 

asking for me to pay them back an amount of money in excess of £1000.00

 

I called them and they said this was a overpayment made to me back in 2001/2.

 

I had no idea this had occurred back then I was on income support

 

I got a job so applied to working tax credits therefore income support stopped as I was no longer entitled.

 

I have since moved house and they have been unable to contact me,

 

I asked them to speak to the DWP and get some written confirmation sent to me in black and white explaining how this happened

and exactly what it's for,

 

they asked me to send a letter requesting this information to them does

 

anybody have any suggestions or template letters I could use.

 

What would you advice I do next please help.

 

Also the debt agency told me the overpayment was only for £380.00 and now they want over a grand???

 

HELP

[maroondevo52]

Hi Emma,

 

I've unapproved your duplicate post on this issue and moved this thread to the Debt Collectors Forum, I've asked dx to have a look and advise if poss.

 

Regards.

 

Scott.

[unclebulgaria67]

You don't need a template letter. The letter is straightforward.

 

I refer to your letter dated xxxxxx and my subsquent telephone call to your offices.

 

As I mentioned, I do not believe that I owe any money to the Department of Work and Pensions (DWP) for any period. I have not received any letters from them explaining about any amount being due to them.

 

I would therefore ask you to refer the matter back to the DWP and for you to ask them to write to me with a full explanation of why the amount is due and a full breakdown of how the amount had been calculated. Upon receipt of the information, I will be able to consider the matter further.

 

Thank you for your assistance on this matter. I await the information required.

[dx100uk]

there is alot of this going

 

no DCA has ANY legal powers to demand any DWP over payment

 

here is a like thread:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?373763-Harassed-by-Fredrickson-International-Ltd-(DWP-Related)(4-Viewing)-nbsp

 

certainly as with ALL contact with ANY DCA

 

NEVER EVER phone them

 

they are SOLELY inteterested in getting money by ANY means

 

and wil say everything they want you hear on the phone

just to get you paying

 

DON'T

 

stay off the phone to them

 

NEVER EVER fall for their ploys

 

they ARE NO BAILIFFS

 

and never will be

 

dx

[Emma74]

Hi again thanks for your advice I have wrote a letter to the DCA asking them to request a breakdown on my behalf,

 

I also spoke to the DWP asking them what and when this overpayment occurred and they informed it was a overpayment of a £1000 when I was claiming income support back in 2000,

 

I also asked them to send me a breakdown of this.

 

I said if I was to accept this debt could I pay them directly and not have the DCA involved to be informed that I would have to pay this debt to the DCA ????

 

I'm not really sure I want to pay back the DCA ???

 

Any advice would be appreciated

Thanks

Em

[unclebulgaria67]

Once you have the information from the DWP, you should enquire about what appeals you can make, as to why you are being asked to pay an overpayment back 11 years after the event. If they have added charges, you should be able to appeal about those.

 

I am not sure I would be happy about it and would ask for evidence that the DWP had written to you about this before.

 

If after making enquiries you have to pay an amount, then you will have to pay IQOR, as they hold the contract for your account.

[dx100uk]

going by other advice on here

 

the debt itself can be sb'ed

 

the only way they can get it back is by taking it from future benefits

 

though ofcourse

if hardtimes hit

it might be better to get it out the way

rather than losing further benefits.

 

do not pay IQOR!!

 

dx

[Emma74]

I'm confused because DWP refused to let me pay them back and told me to pay IQOR, and I can't believe I being put through this stress when the debt isn't my fault in the first place!!

I thought debts are sb'ed after 6years but with this being DWP I'm panicking.

 

Also unclebulgaria67 the DCA I spoke to said I could not appeal against this as it's been going on for to long?

 

Em

[antone]

I'm confused because DWP refused to let me pay them back and told me to pay IQOR, and I can't believe I being put through this stress when the debt isn't my fault in the first place!!

I thought debts are sb'ed after 6years but with this being DWP I'm panicking.

 

Also unclebulgaria67 the DCA I spoke to said I could not appeal against this as it's been going on for to long?

 

Em

 

DWP debts can be statute barred like any other, but the problem is that statute barred doesn't mean the debt goes away - it simply ceases to be enforceable in court. For most creditors, that doesn't make any difference, but the DWP can still collect a debt from any future benefits you may be due, including your state Retirement Pension if applicable.

 

Whether or not you can appeal the overpayment decision depends on when you were first informed of it by the DWP (not by the debt collector). You normally have one month to appeal a DWP outcome decision like this, and it can be extended to 13 months under various circumstances if you can show good cause why you did not appeal within the one month period.

 

I'm assuming you did not receive any letter directly from the DWP, is that the case? Also, don't believe what the DCA tells you about appeal rights. It may be too late to appeal, possibly, but if you haven't received communication from the DWP directly (letters not delivered etc) then you might well be able to argue that as you have not yet been informed of the overpayment, the appeal time clock has not yet started.

 

Oh, and the DWP does not add interest or charges to non-fraudulent overpayments, and if they thought this was a fraud case you wouldn't be hearing from a DCA about it. So any charges etc have likely been added by the DCA and I wouldn't pay them.

[dx100uk]

and stay off that phone

 

never ever talk to fleecing DCA's about your debt

 

there is NO legal remit to make you do so.

 

they ARE NOT BAILIFFS and can do nowt to you

 

you need a paper trail of their threats

 

they'll say ANYTHING to get you paying.

 

dx

[Emma74]

Thanks guys I will sleep better now, the help is so appreciated. I will keep you updated.

 

Em

[Bazooka Boo]

Please Ignore idiot iQor, you won't have to pay them anything.

 

If your unlikely to need benefits in the future then tell them to jog on, and even if you did need benefits in the future they would only take a reasonable amount back over period of time.

[Emma74]

Hello

 

Just thought I would update my situation with my over payment from DWP. I sent letter requesting info to Fredrickson LTD they replied stating that the over payment did occur but whilst I wasn't claiming benefits and working I maybe in a better position to pay the debt off now rather than when I was older, I decided to ignore the letter and today I have recieved a letter from Bryan Carter Solicitors LLP asking for a payment in full in the next 14days to Fredrickson failing to do so it will be referred to the solicitors, with additional charges?! What should I do any suggestions should I just set up a payment plan?? I'm slightly annoyed that I'm paying back a DCA if I was to pay back DWP I would gladly do so but they refused my offer.

 

Em

[speedfreek]

I also spoke to the DWP asking them what and when this overpayment occurred and they informed it was a overpayment of a £1000 when I was claiming income support back in 2000,

 

I also asked them to send me a breakdown of this.

 

What did the DWP send you? Did they send you anything at all?

 

Have a read of this thread bellow;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?267427-DWP-Overpayment&highlight=SAR+DWP

 

 

Basics are,

No telephone ever all in writing sent recorded signed for get screen print of receipt from Royal Mail website to prove signed delivery.

Dispute debt with Debt Collector

Ask DWP for breakdown of alleged debt tell them the debt is in dispute until such time as.

Once you know which dept of the DWP is chasing issue them with a SAR (see thread 1 above)

See what comes back file it all away and make a decision on what you want to do next.

 

ErikaPNP explains it all in that thread and even supplies a handy SAR template to use. It's free to SAR the DWP as they wave the £10 admin fee so....

[Emma74]

Yes they have sent a letter saying it's an over payment made to me back in 2000/1 and they are claiming I didn't tell them I had started work, I find this completely untrue because I would have informed them of the change and around that time I started getting working tax credits therefore I no longer claimed income support.

Shall I ignore the letter from the solicitors then and send the DWP a SAR.

[Bazooka Boo]

I thought that this was statute barred??

 

Bryan 'buffoon' carter gets this http://www.consumeractiongroup.co.uk/forum/content.php?420-Letter-to-use-if-a-DCA-still-try-to-collect-after-Statute-Barred

[speedfreek]

Statute barred might not work as I believe it runs from the date of the overpayment decision rather than the date the overpayment occurred. Do we know when this was decided? This probably will not be the same date as the over payment occurred and can be many many years after the event.

 

Other than that DWP debt is exactly the same as any other debt and has to be treated in the same way!

 

Where it differs in approach is in stopping recovery (as it's date over payment was decided not last payment) and challenging the debt (all DWP/HMRC/Council debts need checked with a SAR to see if they really do have proof and that you actually owe this money and if you do the overpayment calculation is correct). There are also special rules on appealing an overpayment decision and also on asking them to look at this decision again and making a new decision. Almost forgot the important bit that although a DWP debt can become Statute Barred which stops the usual avenues of normal recovery methods. The DWP can and will try and recover from any future benefits which is why you have to challenge it as ot never really goes away until it is decided one way or the other.

 

If you read that thread I linked too in my previous post it explains the process very well.

 

Emma74 start from stage one as indicated by EricaPNP

 

Letter to DWP denying debt asking for proof/full breakdown - you then follow this up with a SAR (well in your case you're good to go with the SAR now)

 

Letter to Solicitor (whoever is) chasing now telling them no contact allowed except in writing & debt in dispute so you have to stop collection.

 

Just keep and eye on time scales/chasing for SAR/Document returns etc and if anybody else starts chasing send off a debt in dispute letter as above.

 

The standard templates in the debt section slightly modified should do it.

 

Then see what if anything the SAR turns up.

 

This isn't my area really; ErikaPNP knew the ropes very well so it's well worth reading her previous posts on dealing with DWP debt and also that thread I linked too as most if not all of what you need is in there.

[Bazooka Boo]

Yes they have sent a letter saying it's an over payment made to me back in 2000/1 and they are claiming I didn't tell them I had started work, I find this completely untrue because I would have informed them of the change and around that time I started getting working tax credits therefore I no longer claimed income support.

Shall I ignore the letter from the solicitors then and send the DWP a SAR.

 

SAR by all means, and the DWP waive the fee.

 

You should also enter their appeals process asap, get the ball moving in the right direction, and yes this is already SB, so although they can request this be repaid, they know that they will not be able to take any legal action against you.

[antone]

SAR by all means, and the DWP waive the fee.

 

You should also enter their appeals process asap, get the ball moving in the right direction, and yes this is already SB, so although they can request this be repaid, they know that they will not be able to take any legal action against you.

 

Not to disagree with any of the advice offered here, but I would just point out that although debt to the DWP can be statute barred just like any other debt, the DWP can recover it from benefit payments in the future, including State Retirement Pension. So it's definitely worth following the suggestions above, even if the matter can't be taken to court.

[Bazooka Boo]

Not to disagree with any of the advice offered here, but I would just point out that although debt to the DWP can be statute barred just like any other debt, the DWP can recover it from benefit payments in the future, including State Retirement Pension. So it's definitely worth following the suggestions above, even if the matter can't be taken to court.

 

Yes sorry I should have mentioned that, I'll suitably punish myself later in the pub!

[speedfreek]

Yes sorry I should have mentioned that, I'll suitably punish myself later in the pub!

 

I wish I had friends or anybody I could go to the pub with!

 

Unfortunately I'm stuck with feeling unsafe unless Ray Millard is staring in the old film I'm watching http://uk.imdb.com/name/nm0001537/

 

I'm also shocked at how simple but how bad DWP/HMRC/Council debt are treated on here now!

 

I miss ErikaPNP she was an institution on this board!!!

 

BY institution I mean a godless off righteousness tjhat would have been found by some internet historian who traditionally would have found here image on a pot they've dug up ErikaPNP

 

The fact somebdoy like me has to go see ErikaPNP posts is bad the fact board regulars who are trusted and wisen casn#'t do he same is worrying

 

I said this to Brig we need a DWP/HMRC/Council steps to take post. It would make things easier!

 

The thnig you need to clear up is 'Any time revisions@ as although you say 1 month 13 months it's not that simple!

[antone]

I presume you meant to refer to Our Erika as a "goddess" rather than as "godless", right?

 

Anyhow, if you want to discuss the way we handle these issues, could you please start a thread in the Bear Garden. If you wish, you can report it in order to draw the attention of the Site Team, who will consider any matters you bring (coherently) to our notice.

[speedfreek]

Go on then!

 

I'm just confused that when we had a guru on thin subject her posts are now ignored!!

 

p.s what is bear garden?

 

p.p.s what the **** is this new arrmed forces section?

 

Why are mods moving benrfits questions into it?

 

Sorry but after last time this happened and it became clear that us 'normal' disabled folks were not to impressed tnat maybe juit may be?

[Emma74]

Bazooka Boo could you put the letter on the thread for me to copy has I have been trying to open your thread for the past hour and it won't let me veiw it

 

Thanks Em

[antone]

Go on then!

 

I'm just confused that when we had a guru on thin subject her posts are now ignored!!

 

p.s what is bear garden?

 

p.p.s what the **** is this new arrmed forces section?

 

Why are mods moving benrfits questions into it?

 

Sorry but after last time this happened and it became clear that us 'normal' disabled folks were not to impressed tnat maybe juit may be?

 

The Bear Garden is another CAG forum intended for off topic chat and it's also the place where you can raise questions about the way the forums are managed. I don't want to hijack Emma74's thread any further, but feel free to raise any issues there if you wish.