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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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bluebear1872

Surprise DEA

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Hi im Looking for advice on a DEA I just noticed

 

Background in 2002 I took out 2 crisis loans from the social fund I'm 99% certain that they were both repaid in full

 

Forward to 2014 I receive a letter from DWP claiming I still owed them money I disputed this over the phone with them saying I had repaid in full they asked if I could prove it erm 14yrs after the effect no I couldn't I told them that I wouldn't be paying their spurious claim as they also couldn't prove I owed the money this was the last I heard from them or so I Houghton fast forward to tonight and I was heckling my Nov wage slip for something and I happened to notice something extra in the deductions colum DEA (dwp) £79.04 and an admin fee of £1 not knowing what it was I Google it to find out that they've deducted money from my account no letter of intent no contact whatsoever to say they were going to do this as I said earlier in 99% certain it was repaid as it was now 16 yrs ago my memory is a bit fuzzy on the matter my question is can they just take money from my account without informing me or even making contact to try to recover any alleged debt because I would have been asking them in writing for proof hat the debt actually existed

 

 

What options do I have open on this I know it's only £79 and to be honest I probably would never have had noticed if I hadn't gone to check something but it's just the underhand way it's been done that's angered me

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Send the DWP a SAR and see what you get back. Follow the link or look in the library top left. Look for the DWP SAR


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Does this help:

The Limitation Act says that the limitation period for benefit overpayments and social fund loans is six years.

 

The cause of action (when the limitation period starts running) for benefit overpayments, is when a final decision is made on the overpayment. This is most likely to be a final decision by a council, the Department for Work and Pensions (DWP) or a tribunal.

 

For social fund loans, the cause of action is when the loan becomes due for repayment.

 

If the council or DWP tries to issue a county court claim against you for an overpayment of benefit, and you think it is statute-barred, you can put in a defence. This is complicated and you should get legal advice first. Contact CAB advice on your legal rights

 

However, if you are getting ongoing benefits, the DWP or council can take money directly from your benefit or wages to repay overpayments.

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Not quite correct the 6 years is for taking action in the Courts against the person claiming. But if fraud is the issue the time limits don't apply. As does with other benefits.


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I took the advice from a factsheet at this link:

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-04.aspx#

 

As far as I understand it they are saying that:

 

"The Limitation Act says that the limitation period for benefit overpayments and social fund loans is six years."

 

After 6 years the DWP or Council need to issue a county court claim against you for an overpayment of benefit unless you are still in receipt of benefits, in which case they can deduct it from your benefits.

 

"In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the 'Cause of Action' and the Terms and Conditions of the contract/agreement will have a bearing on this."

"Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980."

 

Bluebear says in his post that the first indication he noticed of the deduction was in his wage slip, not so much as a "by your leave" from DWP.

 

The question is, can DWP deduct money from the wages of someone who may or may not be on benefits just like that without informing that person?

 

The advice I quoted suggests that they can't. Perhaps you could provide Bluebear with a link to a law or advice that says they can.

 

Not sure where anyone suggested fraud might be involved.

 

The advice also suggests seeking legal advice. Perhaps CAB would be helpful, they may also have factsheets on the subject.

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Waste of time DWP taking £316-00 from overpayment 22 years ago!!! They are taking it from my PIP. They cant even get figures correct as I am £22-00 short after their deductions, so have involved my local MP, even questioned Royal Mail as to how I never received letter that they were going to do this. Effing cheek. My God Duncan Smith is purging his guts on people, this could badly backfire as some people are resentful of certain people getting guaranteed accommodation due to a war crisis in middle east. As if the money owed is going to solve the nations debt, we are being sacrificed as pawns for those Bast*rd bankers who cocked things up in the first place.

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I am not sure if DWP loans are statute barred see http://england.shelter.org.uk/get_advice/money_problems/loans_debt_and_bankruptcy/whose_debt_is_it Statute barred just means they cannot take legal action against you to recover a debt through the courts the DWP have always been able to recover overpayments and loans when you claimed another benefit. Besides that the 2012 Welfare Reform Act and Social Security (Overpayment and Recovery) Regulations 2013 (SI 2013/384) means that it can instruct employers to deduct money through a DEA they do not have to go through a court to do this and it is retrospective.

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They did that with me, sent attachment of earnings, boss told them sorry we are a micro business, I don't have to pay a penny, letter came back, if you've taken money stop!!! He hadn't, then 4 weeks later same thing happened, boss called them and said your stupid, do you know what your doing - do one, letter came thru, don't take any money etc etc,

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