DWP Chasing 20 year old alledged Crisis Loan? - **RESOLVED **

[tc5712]

Got this letter today from the Department of Work and Pensions telling me I owe them £300+.

 

I gave them a call, and apparently this relates to a social fund crisis loan they claim I took out in the early 90s??? (I have no recolection of this)!

 

For some reason the woman said she couldn't access the social fund section on her computer, all she could tell me was it was dated back to the 90s and said she is going to send me some details in writing next week. (After I refused her offer to call me back).

 

Aren't these type of loans statute barred? She made no mention of any court judgement?

 

Any help appreciated!

DWP 28082011.pdf

[ErikaPNP]

Sort of, but not in the same way as other debts The Social Fund has 6 years from the date it was due to be repaid to pursue debt via court. But they can still recover a debt by making deductions from future benefits (including state pension).

 

See what information comes back.

[id6052]

As I understand it when a debt is statute barred it means that the lender cannot enforce the debt through the courts.

 

It does not stop a lender asking a borrower from repaying the debt, it just means that if the borrower says no, there is very little the lender can do about it.

 

With social security debts, even if a debt is statute barred, DWP/LAs also have the option of recovering the debts by direct deduction from social security benefits.

[tc5712]

I've had another letter from them, claiming to explain it all.

 

I nearly died laughing when I saw the reason this alleged social fund loan was taken out for!

 

Bear in mind that at the time they claim, I was working, aged 22, single, and at least 16 stone!

 

In all seriousness, has anyone had anything similar happen to them?

 

Someone, somehow, has obviously applied and got this 'crisis loan' in my name.

 

Where do I go from here?

 

TIA

 

TC

DWP 050911.pdf

[worried parent]

I would ask to see a signature for this loan as soon as possible.

[huggys boss]

Tread carefully with this one, because they WILL reclaim the money.

 

You are going to have to get to the bottom of this if you are sure you did not take out this loan.

 

I received letters a few years back informing me of overpayments dating back to 1991. They didn't even give me time to appeal or investigate before they were taking 1/3rd of my care allowance.

 

I was told that because it is classed as public money there is no statute of limitations and even if it takes until you need to claim a pension they WILL get it back eventually.

 

If you were not getting benefits at the time, you need to get them to investigate as somebody may have been claiming benefits in your name.

[flumps1976]

You need to request to see the information that they have regarding the budgeting loan (not a crisis loan).

 

Unfortunately there are some people who apply for budgeting loans stating they need the money for a specific item

then use the money on alternative items ,

 

I am not for one minute stating that you lied or are currently lying by the way but this is a common scenario seen by the teams who recover previous social fund loans.

 

In an office where I worked previously I had a period of time on the reception desk in a DWP office and

at the time a big fair was paying it's annual visit,

 

the applications for crisis loans for lost purses and wallets always soared during the time the fair was there

to the point we had visions of leaving work and wading through a sea of wallets and purses.

 

This is just an attempt to show an example of how a few people can turn things so that even geniune claimants are not necesarily believed.

[Nystagmite]

If you were not getting benefits at the time, you need to get them to investigate as somebody may have been claiming benefits in your name.

 

I think with crisis loans, (or is it budgeting loans?) you don't need to be on benefits to claim.

[id6052]

crisis loans are available to anyone

 

budgeting loans are restricted to benefit claimants

[flumps1976]

yes budgeting loans are only paid when someone has been clasiming Income Based benefits for a period of at least 26 weeks.

[tc5712]

Hi guys,

 

I understand from looking at a few other threads that this type of debt is never statute barred but I need to contest the validity of it.

 

I've called them and they've told me it was for bunk beds in 1993?

 

Now in 1993 I was 18 stone and had no kids!

 

So, can you CCA the DWP?

 

Not sure where to go on this.

 

TIA guys.

[leigh04]

Dont think you can but you can sar them and its free for dwp

[dx100uk]

the only way they can ever get the money is by deduction from any future benefits

no other method is allowed

 

however they must be REALLY scrapping the barrel for £250 from 1993!!

 

tell them you paid it back a few years later.

 

bet they've no records anyhow!

[tc5712]

Dont think you can but you can sar them and its free for dwp

 

SAR the DWP? Cripes! I got about 1000 sheets of (very profitable) paper from LSTB for doing that. How much gumf would DWP send?

[45002]

Hi guys,

 

I understand from looking at a few other threads that this type of debt is never statute barred but I need to contest the validity of it.

 

I've called them and they've told me it was for bunk beds in 1993?

 

Now in 1993 I was 18 stone and had no kids!

 

So, can you CCA the DWP?

 

Not sure where to go on this.

 

TIA guys.

 

 

 

Is this http://www.consumeractiongroup.co.uk/forum/showthread.php?318826-DWP-Chasing-20-year-old-alledged-Crisis-Loan

 

the same loan you posted about on 2nd September 2011 ?

[tc5712]

the only way they can ever get the money is by deduction from any future benefits

no other method is allowed

 

however they must be REALLY scrapping the barrel for £250 from 1993!!

 

tell them you paid it back a few years later.

 

bet they've no records anyhow!

 

So the bits that say deduct from earnings, courts, DCA etc are all just willy waving I presume?

[caro]

It's becoming quite common for these kind of very old loans to be taken from current benefits. I agree that you should get them to prove it. A sar gives them 40 days and really you need to get them to stop deducting this sooner not later so appeal it ASAP.

[tc5712]

Is this http://www.consumeractiongroup.co.uk/forum/showthread.php?318826-DWP-Chasing-20-year-old-alledged-Crisis-Loan

 

the same loan you posted about on 2nd September 2011 ?

 

To be honest I've no idea! It's from the same ppl but in 2011 it was over £300 now this one is £255??

 

This is defo nothing to do with me and they can't even keep the figures consistent!

[45002]

To be honest I've no idea! It's from the same ppl but in 2011 it was over £300 now this one is £255??

 

This is defo nothing to do with me and they can't even keep the figures consistent!

I see ! Edited December 6, 2013 by 45002

[dx100uk]

threads merged

 

the second letter is exactly the same amount/usage

 

dx

[tc5712]

threads merged

 

the second letter is exactly the same amount/usage

 

dx

 

Is it? 2011 £330, 2013 £255. The only consistent is flaming bunk beds!

[dx100uk]

is this debt managers DCA chasing you before?

 

all they've done is add phantom court costs

which they cannot do

 

that's the diff figures

 

dx

[tc5712]

is this debt managers DCA chasing you before?

 

all they've done is add phantom court costs

which they cannot do

 

that's the diff figures

 

dx

 

No chase since 2011 if this is the same thing but now the amount is lower?

[dx100uk]

those bogus court fees me thinks.

 

who was/has chased you?

 

dx

[caro]

Errm ... Isn't this dwp looking to take the money out of benefits or am I jumping to wrong conclusion? If so there won't be court fees afaik.