CCS Collect DHSS debt

[theshuffler]

Firstly I live in N.Ireland

I know laws can be different here at times.

 

The other half recieved a phonecall from ccs collect the other day

( she had learnt from me never to answer security questions )

 

The guy was rude but she insisted she wouldnt give details to a total stranger .

 

Today a letter arrived usual Dca threats . Court seizure of earnings seizure of goods.

 

letter is about a dhss loan in the region of 13 years old and quoted the Social security act 1992 N.I ????????

 

Anyone know what this act refers to?

 

Its my understanding that Dhss cannot pursue loans through the court system and it can only be taken from benefits , is this correct?

 

If so should I report the DCA for making threats?

 

We are not unduly worried as the amount isnt a lot however I do love a fight with a Dca

and it has been a while since I wiped the floor with one.

 

Any input would be appreciated.

 

Thanks in advance

[citizenB]

Hmm, will try and find some help for you

 

 

Is there any chance you can depersonalise, and scan in your letter for us to see ? Please follow instructions below to do this.

 

 

 

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Then hit reply button

 

[AndyOrch]

Yes they can use external DCA (to intimidate only)....as they are now unable to deduct from source...but yours wont amount to much its statute barred so will never see the inside of a County Court.

 

Regards

 

Andy

[theshuffler]

Thanks folks

 

The letter basics

 

Our client Department for Social Development has authorised us to recover the full amount to them as shown above . This is a FORMAL notice of intended court action. We may take action if you fail to pay the full amount in 7 days.

 

Our client is prepared to litigate under the social security act ( N.I 1992 ) If court action is taken and a court order obtained the following may occur

 

Seizure and sale of moveable property by an officer of the court

Decductions from your wages under a court order

A court order may make getting credit difficult

Please note we cannot except credit card payments on this account ????????

Edited September 12, 2013 by theshuffler

[theshuffler]

this is all i can find in the act 78

 

Recovery of social fund awards(1)A social fund award which is repayable shall be recoverable by the Secretary of State.

(2)Without prejudice to any other method of recovery, the Secretary of State may recover an award by deduction from prescribed benefits.

(3)The Secretary of State may recover an award—

(a)from the person to or for the benefit of whom it was made;

(b)where that person is a member of a married or unmarried couple, from the other member of the couple;

©from a person who is liable to maintain the person by or on behalf of whom the application for the award was made or any person in relation to whose needs the award was made.

[AndyOrch]

This is England and Wales you will have to check N Ireland :-

 

Once a decision has been made that an overpayment is recoverable and an

overpayment debt is created between the LA and ‘X’, the LA may choose to

pursue the debt in the County Court. However such action must be brought

within the relevant time limits, which are :-

 

• six years in England and Wales as per The Limitations Act 1980 (s2)

• five years in Scotland as per the Prescription and Limitations (Scotland) Act

1973 (s6, Schedule 1, paragraph 1)

[theshuffler]

Cheers , I cant understand the act they are quoting ( perhaps smoke and mirrors, ) what i read in the act says that it must be collect via benefit deductions. Im sure they will phone back I think the other half will need to appoint me as her representive as I have a few questions for them

[theshuffler]

Just a thought. Can the goverment pass on your data to a debt collection agency legally? I know on consumer loan forms its in the small print and your signing to agree to those conditions on sharing data. but not as far as im aware on a budget loan application . Any ideas ?

[AndyOrch]

I would asssume they can...they will have covered themselves for sure.

[theshuffler]

Worth looking into , though the act does say recovery via benefits , which wouldnt incorporate provision for passing data . Havent heard from them again as yet , will let sleeping dogs lie for a while .

[AndyOrch]

I will have a snoop about see what I can find on the DPA front.

[theshuffler]

Cheers I wouldnt know where to start on that really

[AndyOrch]

Hi not forgot you

 

2 scenarios : -There is no restriction on this within the HB Regs 2006/(SPC) Regs 2006. When debts are sold they are often sold for less than they are worth. But when recovery is proving to be extremely difficult, such as when a debtor cannot be traced, it may be an option whereby partial recovery can be achieved.

 

Some debt collection agencies buy the debt outright and give the LA the money straight away.Other companies, employed by the LA to take recovery action on their behalf, send the money

to the LA as they recover it and issue an invoice to the LA for commission on the funds recovered.

 

So it works like an Assignment

 

Regards

 

Andy

[theshuffler]

Was that meant for me Andy? Maybe im being stupid or missing something ?

[AndyOrch]

Worth looking into , though the act does say recovery via benefits , which wouldnt incorporate provision for passing data . Havent heard from them again as yet , will let sleeping dogs lie for a while .

 

Yes it was in response to the above.

[theshuffler]

Loads of texts and phonecalls from them , maybe they will take the hint eventually . One letter saying they were preparing court papers. Good luck with that one guys and girls

[AndyOrch]

Next letter will be " we have filled in the summons and are about to submit it....last chance !!!! ":madgrin:

[theshuffler]

Lol yeah , or even a door step collector.

[theshuffler]

A new twist , ccs have somehow gotten hold of the O/h work number and embarrased her at her desk with a call when she was with a colleague . Time the gloves came off , Im assuming there is no point in sending the prove it letter as the loan wouldnt come under the consumer credit act ? If not im sure the principles would be the same they have to provide any proof they hold on request?

[AndyOrch]

Is the debt in both names?

[theshuffler]

No just hers

[AndyOrch]

Just ignore them until they attempt any litigation....they have obviously traced her location of employment with view to preparing an Attachment of Earnings...problem is they have to get a judgment first.