reclaming back crisis loan from 1994 to 1996

[postggj]

i have been helping my brother with his claim of JSA, housing benefit etc.

 

today I GET A DEMAND FROM THE DWP for three outstanding crisis loans from 1994 and 1996. i am not kidding on those dates.

 

i agree i did take out some loans back then as i was homeless and no fixed abode but i require confirmation on these loans such as my signature etc.

 

i asked them to send me copies of the loan application, my signature etc but they said they would not have this information anymore.

 

as these are loans and not tax, the statute of limitations now apply so they cannot be enforced through the courts but the lady on the phone stated that the money can be reclaimed by either

 

1/ if i made a claim for any benefit then they can deduct an amount at source

2/ they can make a deduction when i start claiming my pension

 

what are my options??

 

can they take the alleged amount outstanding from any future benefit award and what about the DWP not having any documents to substantiate their claim money is outstanding

 

we are talking nearly 20 years ago

[unclebulgaria67]

As I see it, they have records of you receiving these crisis loans against your National Insurance number. They won't have record of the telephone calls or visits to a Job Centre back to 1994/96 where you signed for the money, but they may have system notes, if they can access their archived data.

 

As you realise, your choices are

 

1) Enter into repayment now on a voluntary basis.

or

2) Wait to see if they reclaim the money, whenever you receive any payments from the DWP, where these will be flagged up. If you don't claim any benefits or pensions within 20 years, by the time it comes up, I would expect that DWP would have a new computer system and they may not ever reclaim the money.

 

The choice is yours. The DWP and every government agency are going through their records over the last 30 years. I am expecting to see some people asked about making repayments for such sums paid in the 1980's !

[speedfreek]

or treat it like any other alleged debt for monies you do not think you owe and

 

3, ASK THEM FOR PROOF THIS DEBT ACTUALLY EXISTS!

 

This thread's worth a gander and post 12 by our esteemed ErikaPNP in it pretty much sums up everything and what you can try.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?358252-DWP-chasing-overpayment-from-1998

 

A Subject Access Request to the DWP only costs the price of recorded-signed for postage so go for it!

[postggj]

does the DWP do an SAR for free or is a £10 postal order stll required

 

has anything changed as i do not want them to send it back demanding the fee

Edited December 2, 2012 by squaddie

[maroondevo52]

Free according to their web site....................

 

http://www.dwp.gov.uk/privacy-policy/data-protection/

[postggj]

thank you for the link

 

stupid question this i know but

 

is the job centre/ job centre plus, or whatever they call themself an executive department for the DWP

 

can i take my SAR request into a job centre to be actioned or will i have to send it direct to the DWP

[BRIGADIER2JCS]

Sar to debt management at dwp, they will not requie the stat fee, address to the manager of the department.

[postggj]

well i have today received my DSAR from the DWP.

 

To begin with, it was contained in an A4 jiffy bag sent by normal post, not even recorded.

it had my complete life story, they must have destroyed a rain Forrest with the amount of paper.

It was reams of paper churned out by the old dot matrix system. Thats the one with the perforations both sides of the paper, all neatly folded

 

Looking through all this, they did have crisis loans recorded from their computer print out. Now remember, these are from 1992-1993-1996 alleged applications. My request was for manual notes as well as computer records.

 

They have not included any application forms for any crisis loans SIGNED by myself, no signatures at all.

as stated, it is all computer screen shots.

 

I can see the DWP now start their collection process again with these outstanding alleged loans from 1992-1993-1996. Where does that now leave me, i have asked for proof as i truly do not know if i did take out these loans. They have failed to produce any documents with my signature on them agreeing to these alleged crisis loans, only computer screen shots

 

my conclusion is that they have still failed in their obligation to provide the requested details, comments please people

Edited January 30, 2013 by squaddie

[JuJuxxx]

'i agree i did take out some loans back then as i was homeless and no fixed abode.'

 

You said the above in your opening post.I think if you took the loans out surely unless you had concussion etc you should know whether you took the loans out.

[postggj]

Yes, i did take out some crisis loans back then, thanks for reminding me by pointing that out.

I have asked for advice, not sarcasm

 

The clarification was that these loans were taken out between 1992 and 1996 and total just over £600

so kindly explain how it is possible to have one crisis loan after another, 7 in total over a 4 year period with previous crisis loans outstanding. For all i know i could have paid then back through benefit deductions back then

 

Is it to much trouble to ask a creditor who alleges you owe money to to prove the debt by a signed contract, and not by just saying the computer says you owe xyz with no proof

 

we are talking 20 years ago

Edited January 30, 2013 by squaddie

[JuJuxxx]

No sarcasm intented I just thought that you should have an idea whether you had the loans and for that large amount because you were struggling it would be part of what you remembered and how that loan helped you out in a difficult time.

 

is it to much trouble to ask a creditor who alleges you owe money to to prove the debt by a signed contract, and not by just saying the computer says you owe xyz with no proof

 

we are talking 20 years ago

 

I would definately want proof of the dates I took the loans out and a signature as it is a large amount to pay back and they are capable of making mistakes.

[postggj]

After my receipt of my jiffy bag yesterday from the DWP, today i receive by special delivery information from the social fund on these alleged social fund loans.

 

All that i received were 6 computer screen shots of when these alleged loans were taken out. I requested in my DSAR, all data, that includes manual. I am talking about documents with my signature on them, application forms etc.

 

I have just phoned the relevant department, data protection and they have stated that it appears not all the information had been collated.

This has now been going on for months, constant barriers, excuses like we have never received that request etc and my patience has all been but exhausted.

 

I will see if they do phone back today or a complaint to the ICO is in order now, i have been more than reasonable

[estellyn]

Yes, you also need to request details of your repayments made. If you were on benefits for a time after the loans then you would have made some repayments, and if if they cannot find records of what you did and didn't pay, then this certainly needs to be challenged.