Few questions - SAR & DCA etc

[helly1]

I have been contacted by legal & trade (posted on another thread) regarding re: overpayment by DWP from 17 years ago. following some advice from NDL i have sent a S.A.R - (Subject Access Request) to DWP but idiot that i am agreed to pay L&T a monthly amount by standing order on my debit card (think my last brain cell left that day) the arrangement is now due for review (3 payments made).

 

i have now contacted DWP so see if they can clarify this and they did perfectly politely and said there is not problem in sending out the breakdown. without going into much detail i did something very silly at that time was prosecuted and paid back what the court ordered and the dwp did not contact me again to recover the rest so i thought that that was the end of the matter. It was actually passed to the dwp recovery dept 7 years after the prosectuion and apparently they couldnt trace me cos we had moved (couldnt have tried very hard as always been on electoral roll:rolleyes: .

 

My questions are -the debt IS statute barred but can be recovered from any future benefits so to be honest i would rather just pay it back and get rid of it. I would have done this at the time if contacted. i can afford the current amount but should i continue paying until i get all the paperwork through as the 1st contact from L&T was for a totally different amount? If i stop does the fact that i have been paying this start the clock going again on the limitation? nothing has been agreed in writing

 

L&T have sooooo p*$$d me off by there attitude and lies (they told me not to contact dwp as they wouldnt be able to give this info)i really dont want to give them a penny further but am i just cutting off my nose to spite my face if i dont? Finally what info do they have about me? should i have sent a SAR to them, i am in the process of applying for my credit files.

 

sorry for the waffle and advice gratefully received

[PriorityOne]

I have been contacted by legal & trade (posted on another thread) regarding re: overpayment by DWP from 17 years ago.

 

17 years ago... ! :o

 

following some advice from NDL i have sent a S.A.R - (Subject Access Request) to DWP but idiot that i am agreed to pay L&T a monthly amount by standing order on my debit card (think my last brain cell left that day) the arrangement is now due for review (3 payments made).

 

Have you seen any evidence that they are legally entitled to collect this money ?.... or have they just told you that the amount is what you owe ?

 

i have now contacted DWP so see if they can clarify this and they did perfectly politely and said there is not problem in sending out the breakdown. without going into much detail i did something very silly at that time was prosecuted and paid back what the court ordered and the dwp did not contact me again to recover the rest so i thought that that was the end of the matter. Have you got anything in writing to say that your liability for the debt has ended ? It was actually passed to the dwp recovery dept 7 years after the prosectuion it sounds as if they might have bought it then... and apparently they couldnt trace me cos we had moved (couldnt have tried very hard as always been on electoral roll:rolleyes: .

 

My questions are -the debt IS statute barred am not sure about this, as it's Benefits. However, if the DCA didn't contact you and vice versa for 7 years, then I assume that it already is as far as they're concerned. The statute limit is actually 6 years, not 7 anyway. but can be recovered from any future benefits so to be honest i would rather just pay it back and get rid of it. Not to the DCA though ! I would have done this at the time if contacted. i can afford the current amount but should i continue paying until i get all the paperwork through as the 1st contact from L&T was for a totally different amount? I think that you need to put the DCA to proof that they have a legal right to collect from you. Rory32 has a template letter requesting such info.... If i stop does the fact that i have been paying this start the clock going again on the limitation? nothing has been agreed in writing If the debt is already statute-barred, then it cannot be re-started after 6 years have passed, so it makes no difference.

 

L&T have sooooo p*$$d me off by there attitude and lies (they told me not to contact dwp as they wouldnt be able to give this info) yeah, I bet they did ! i really dont want to give them a penny further but am i just cutting off my nose to spite my face if i dont? Finally what info do they have about me? should i have sent a S.A.R - (Subject Access Request) to them, i am in the process of applying for my credit files. You can send a S.A.R - (Subject Access Request) to them in order to find out what they hold on you.... but I would hang back until some of the others can shed some more light on this one as to the best way forward. In theory, the debt should have already been statute-barred before you started making these payments, but as it's Benefits and the DWP.... I need to be sure. Also, a SAR won't put the debt into dispute as such... only a CCA request will do that... and it doesn't apply here.

 

sorry for the waffle and advice gratefully received

 

[rory32]

Is this the template you were referring to P1?

 

Your home address)

_________________

_________________

Date: ____________

 

 

To: ______________

__________________

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name)

[PriorityOne]

That's the one Rory...

[helly1]

Thanks for the quick replies

 

i have not seen any evidence that they were legally entilted to collect the money they just told me the amount. acutally the first amount was 50 quid which was for crisis loan which i certainly dont recall the very rude man said he would mark the file as in dispute then 8 weeks later the letter dropped through the door £1200:o

 

have nothing in writing to say debt has ended. now that i know what its for and that i do owe it and the dwp told me they can see the payments of the account do i still use the template as it is? what should i do with the debit card standing order (no what i would like to do but will keep it polite )

 

cant believe i have been such a muppet :roll:

[PriorityOne]

Do you have any ideas how it could have jumped from £50 to £1,200 ?

 

Just send the letter as it is by rec. delivery. I would be inclined to cancel the SO until they can prove their right to collect, but I still suspect that it's already statute-barred anyway. Am not sure how this applies to the DWP... if it was them pursuing you... but if these muppets have bought a statute-barred debt from DWP, then they won't be able to get anything from you anyway.

[PriorityOne]

Ooops... have just twigged your question about the second para... hang on a moment while I get my brain gear...

[PriorityOne]

Ok.... replace paras 2 & 3 with the following :

 

I/we would point out that this account was acquired by yourselves approximately 7 years after my last correspondence with the Dept. for Work & Pensions and as such, is now statute-barred from any further enforcement by yourselves.

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual with regard to a statute-barred debt.

 

[helly1]

looking at the dwp site they use DCAs to collect on their behalf so they probably wouldnt have bought it and dont know when it was actually passed to them . although it is time barred apparently they could go for issuing a N32 which i havent got a clue what that is but can damage your credit rating . Thank you ever so much for your help

[PriorityOne]

I'm not sure that DWP debts go on your CRA files anyway.... as it's not "credit". Does anyone know ?

 

If you haven't heard anything from DWP in over 7 years and you have a DCA chasing you.... then they have probably bought it. Send the letter rec. delivery and see what they come back with, if anything. I once had an outstanding Poll Tax account (remember that ?)... and had no hassle over it from anyone until I began claiming Benefits for a short while and they wrote to me to say that they would be making automatic deductions from my Benefit.... of £2.20 a week.

 

The point I am making is that... if I hadn't of claimed Benefits at the time, they wouldn't have found me for ages. After a number of years, old debts often get sold on to chancers like this lot. Also, if you are fairly certain that the court proceedings saw the end of it all, then you need to know on what basis they are now chasing you for payment ?.... and after so long...?

 

Thanks for the reps, by the way...

[helly1]

Thanks for the reps, by the way...

 

No problem thank you for your help