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DWP/Collection Agency CCS - Staturary barred


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Hi

Need some advice guidance as im at a loose end at the moment.

 

This is in releation to my now wife, who in 2002 claimed for housing benefit she wasnt entitled too, as a result she went to court in 2004, who found her guilty and she got community service.

 

She moved back to her mums address in 2003 (so prior to court so all documents went to this address), she served her community service however there was no mention of paying the money back to DWP.

 

Fast forward to april this year, where we bought a house in 2011, we recieved a letter from DWP stating that you owed £3500, she phoned them up asking what the debt related too, then ended the call.

 

We sent a letter stating statuary barred as the debt is long past the 6 years.

 

We have now just recieved a letter from a DCA (CCS Collect) asking to make payment within 7 days of the letter.

 

We were under the impression that the debt could only be repaid from benefits etc and they couldnt pass the debt onto a collection agency due to it being over 6 years old? Can anyone help?

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The DWP uses private sector debt collection agencies to collect these debts, there is absolutely no time limit on collection processes.

 

The only limitation that may apply is civil action in the county court.

Given this is a criminal matter it's hard to say what action could be taken, the DCA however cannot instigate any such action.

 

Any state benefit claimed now or in the future can have deduction made from them.

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Agree with BRIG here... There are not Statutory Limitations to collecting this sort of debt.

Never ever pay a DCA for a Debt like this (HMRC Etc)

 

I would suggest speaking to HMRC and asking to set up a payment plan... Much better then dealing with a DCA.

 

We could do with some help from you.

 

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