Deed of Assignment

[delta6370]

Ok story is, I have an old debt with the DWP for a crisis loan, this was taken out in 2002.

 

I totally forgot about it, and to be honest don't remember getting any correspondence about it (marriage breakup, being homeless and then getting a council house etc etc)

 

Anyway, beginning of July, a guy from Legal and Trade turned up on my doorstep with regard to this, I said that I wanted to deal with the DWP and he said no, I HAD to pay his company. So I told him that if he provided me with the proper paperwork to prove that his company had the right to collect, then I wanted to see it, and I wanted bank details so that I could set up a payment to them. He said ok, will sort it with the office and off he went.

 

I didn't hear another things from them.

 

Then on Friday I got a letter from CCS stating that iQor Services (formerly Legal and Trade) had referred the debt to them for collection.

 

So now I want to send to them, some sort of letter asking for proof that they have the legal right to collect this debt (I have a sneaky feeling that L&G couldn;t come up with the paperwork and that's why they have passed it on), and try as I might I just can't find a letter that does what I need, is there one on here somewhere, or could one of you lovely people knock me one up please?

 

Thanks in advance

[Percival Wigglesbottom]

Any idea in 2002 ( the month ) that you last made payment, corresponded regarding this loan ?

 

If it is early 2002, of course it is worth maybe hanging on for statute barred status and entering no dialogue with them ...

[delta6370]

August unfortunately.

 

They do say on the letter that if they receive no response from me, they have no recourse but to ask their client for specific instructions regarding litigation. The Social Security Administration Act 1992 allows this action. Costs will be added etc etc

[detectall]

CCA THEM

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

ENCLOSE £1.00 postal order, they have 12 working days to comply after which the alleged debt is in dispute and cannot be pursued or transferred to another agent. After an additional 30 days assuming they haven't complied, they would be committing a criminal offence.

Use letter N

Send by recorded delivery and don't use your signature.

[delta6370]

Ok thanks for that, didn't realise that you could CCA for a crisis loan

[detectall]

Did you have to sign an agreement with respect to the crisis loan? Did it stipulate a start for repayments and repayment amounts? Have you made any repayments? They would normally be deducted from benefits on a weekly basis.

 

It's my understanding that this type you would have had to sign an agreement included in your 'letter of offer' which would have included the above info.

 

If the debt has been purchased by this company then they should have all of these details on file. Normally such a loan would have no interest applied.

 

I would still go down the route of cca request to the collectors and ask if they are acting on behalf of a creditor or claiming ownership of the alleged debt.

 

Other forum members who may be more accustomed to dealing with an issue regarding a crisis loan may give more detailed advice.

 

It's also worth looking at Job Centre Plus (crisis loans) on the web as it may jog your memory as to your application.

 

Best wishes.

[dannyboy660]

Social Fund debts aren't covered by the statute of limitations act and won't be statute barred after six years. Normally the DWP will arrange to take the repayments directly from any benefits you are receiving, using a fixed formula they deduct a few quid a week. They often do this without even bothering to inform you first,.... except in the case of some disability and child related benefits which may be exempted by law.

 

The first step would be to contact your local DWP office and tell them you have an outstanding Social Fund loan you wish to repay. It should be far easier to deal with them than a private debt collection company. If the debt has already been 'sold' to an outside agency, it may prove difficult but I have a feeling they will accept your offer of repayment as selling Social Fund debts to outside companies has legal implications to the Taxpayer who effectively financed your loan in the first place. To sell the rights to a private company who may then use the debt to profit from you, would IMO, be illegal, and a slippery slope toward privatisation of the Social Security system. (Watch out....it's heading that way)

 

Try DWP first...see what they've got to say for themselves.

 

PS It might be a bit pointless CCA'ing them. They will just produce your original form or a screenprint. Social Fund loans are not (I'm fairly certain) subject to the CCA'74 or any since.