Social fund repayment demand help

[queenc268]

This started back in august when I received a letter from the DWP informing me that I owed them £100..The details were sent to my self using my maiden name and the letter basically said that I had been contacted before and if I ignored the letter court proceedings would follow..

 

I wrote back informing them that I knew nothing of any monies owing and that there details must be incorrect as I have been married for some time. But I asked for the details of the claim.

 

They wrote back eventually with the details the debt is for a £100 social loan taken out on the 6th april 1994

and that they would take me to court debt collectors Bla Bla

 

Yep you read that correctly 1994 !

 

I have written back to them stating that i would like to see the original document.. as I have no relocation of a debt that would be at this moment 19 years old.

 

they have since written back starting that they are not obliged to send me the copies of the original forms..

 

Im not quite sure now how to proceed ?

 

I know its not a massive amount of money but I slightly begrudged to pay of a debt that I cannot recall especially after such a long time also extremely unimpressed with the DWP handling of this as they are still threatening me with private debt collecting agencies after I pointed out the fact in my last letter that the debt should by statue barred..

[citizenB]

Hmm It is my understanding that this would be covered by the limitation act (as you have already pointed out - it would be statute barred) . I think if they intend to take legal action (which I doubt) then they would have to prove that this money was given to you and that you still owed it.

 

I see they then threaten you with a DCA.. I don't think that should overly concern you. If you are contacted by one, then simply respond that it is statute barred and to go away.

 

I will ask someone with more experience in this area to look in and confirm, just to put your mind at rest.

[BRIGADIER2JCS]

Very unlikely that they will leave this alone I'm sorry to say, amendments to the Welfare Act and the Welfare Reform act mean that the DWP can pursue any debt however old.

 

Statute Barred is has no effect on these debts, although court action is very unlikely for £100.00

 

It has to be remembered that this in not a consumer credit debt so the 'rules' pertaining to the CCA 1974 do not apply.

[queenc268]

Hi thanks for the replies Ive no issues with actually repaying this I just do know how to get them to prove that I took this out as I cannot remember doing it !

[AndyOrch]

Are you no longer on any form of benefits queen? If not then there can be no claw back and if Court proceedings are commenced then it is Statute Barred.

 

The only way that this is recoverable is by deducting through your existing benefits.

 

Regards

 

Andy

[queenc268]

Are you no longer on any form of benefits queen? If not then there can be no claw back and if Court proceedings are commenced then it is Statute Barred.

 

The only way that this is recoverable is by deducting through your existing benefits.

 

 

 

 

Regards

 

Andy

 

 

 

That's the funny thing pretty sure I've not been on benefits since about 1992. !

[AndyOrch]

That's the funny thing pretty sure I've not been on benefits since about 1992. !

 

Nothing to worry about then:-D

[Nystagmite]

Have you done a SAR? (Subject Access Review) This is free from DWP and has information about everything on you held with DWP.

[antone]

Have you done a SAR? (Subject Access Review) This is free from DWP and has information about everything on you held with DWP.

 

Yes. The DWP is not exempt from the general requirement that a creditor should be able to substantiate their claim that a debt exists. They can't simply say "Pay us or else! No, we don't have any proof, but so what?"

[BRIGADIER2JCS]

The Changes in the Welfare reform Act in 2012 I believe also exempts certain debts from the Limitations Act provisions.

[queenc268]

Update folks wrote back to the DWP asking for extra details seeing as I don't know if this debt is even mine ! And the fact that this debt is 19 years old why on earth has it taken this long to contact me. !

Received a letter this morning from a debt recovery agency. Not a peep from DWP !

Not quite sure how to proceed ?

1: no proof that debt is mine

2: statue barred issue

 

Any help thanks

[queenc268]

Update folks wrote back to the DWP asking for extra details seeing as I don't know if this debt is even mine ! And the fact that this debt is 19 years old why on earth has it taken this long to contact me. !

Received a letter this morning from a debt recovery agency. Not a peep from DWP !

Not quite sure how to proceed ?

1: no proof that debt is mine

2: statue barred issue

 

Any help thanks

Also going to send them a subset access request

Worse thing is there still addressing me under my maiden name .. Muppets

[BRIGADIER2JCS]

The DWP can pursue overpayment, delinquent social fund loans however old they are.

You must note that this is not a consumer credit debt so the rules are totally different.

[antone]

Update folks wrote back to the DWP asking for extra details seeing as I don't know if this debt is even mine ! And the fact that this debt is 19 years old why on earth has it taken this long to contact me. !

Received a letter this morning from a debt recovery agency. Not a peep from DWP !

Not quite sure how to proceed ?

1: no proof that debt is mine

2: statue barred issue

 

Any help thanks

 

Write to the DCA and advise them that the debt is subject to a dispute, and that until this dispute is resolved they should cease collection activity. Then send a SAR to the DWP as a matter of urgency.

[AndyOrch]

The DWP can pursue overpayment, delinquent social fund loans however old they are.

You must note that this is not a consumer credit debt so the rules are totally different.

 

 

No they cant the Statue of Limitations also applies to them if the recipient no longer claims benefits.

[BRIGADIER2JCS]

NB I said pursue no mention of court action The DWP CAN and DO pursue debts however old they are!

 

The oldest I know of at present is 20+ years and deductions are being made from the persons state pension the Welfare Reform Act made many changes to the way these debts are treated.

[AndyOrch]

So let them pursue....hope the OP ignores them

[BRIGADIER2JCS]

So let them pursue....hope the OP ignores them

 

The department will be alerted to any future benefit claims and even the state pension will have deductions made from it.

 

Section 108 of the 2012 Act refers.

[BRIGADIER2JCS]

The department will be alerted to any future benefit claims and even the state pension will have deductions made from it.

 

Section 108 of the 2012 Act refers.

 

Not really the type of response I expected Andy having just recommended you to another user with a court hearing coming up! Disappointing!

[AndyOrch]

Im sorry you dont accept my response Brig but I only post correct information when the poster is being given the wrong advice.

 

Regards

 

Andy

[BRIGADIER2JCS]

Im sorry you dont accept my response Brig but I only post correct information when the poster is being given the wrong advice.

 

Regards

 

Andy

 

This time I'm afraid Andy you have it wrong very wrong!

[Peterbard]

Yes the statute bar is by virtue of section 9 of the SOL 1980, as opposed to section 5 which applies to simple contracts. :

[BRIGADIER2JCS]

Note as said earlier I said pursuit of a debt no mention of court action the debt is collectable however old it may be deductions can and will be made from future benefits including the state pension and or pension credits.

[Peterbard]

Note as said earlier I said pursuit of a debt no mention of court action the debt is collectable however old it may be deductions can and will be made from future benefits including the state pension and or pension credits.

 

???

In post 3 you said "statute barredicon is has no effect on these debts, although court action is very unlikely for £100.00"

Edited November 1, 2013 by Dodgeball

[queenc268]

Cheers for the reply

 

I'm going to send the collection agency this :

To whom it may concern,

In response to your letter dated 30th october 2013,

 

I am denying any responsibility or liability for this debt.

 

This debt is currently under dispute please cease any collection activity until this dispute is resolved.

 

I have written to the DWP on numerous occasions about this debt dating from 1994 at this present time I am applying for a subject access request as they are either unwilling or unable to provide me with any details of this debt, other than the date that it was taken out.

 

As this debt is 19 years old to date any sensible person could understand the need for further information.

 

 

Any help in retrieving this information would be received gladly'

 

Ive also completed the SAR Not totally sure if i should give them my married name or not

?