HELP, I need a response to DWP Debt Management - they are ignoring/threatening us

blue_monkey_2

Hi All,

I wonder if I can pick some brains.

My husband is being chased for a debt that is 20 years old. They say it was for a crisis loan but he is adamant that he never had a crisis loan.

So, after letter one I wrote and said 'please provide details'.

In the meantime we got 2 'do not ignore' letters threateneing court acount and £90 Enforcement Team costs. As would courts and solicitors costs.

They wrote back with a date and I then wrote saying that as the debt was over 6 years old it was statute barred and that they could not enforce this debt through the court.

They then wrote and said that a Government owed debt of this age could not be enforced through the court and said that they could chase him for it as and when they liked and that it would just be taken from future benefits (ie. his pension).

So I wrote back asking for written details of him having taken this 'loan'. And then we heard nothing for 2 months. When the letters started again from someone else, Mrs X

I have written to her telling her that we had written to Mr x and are waiting for the proof documents to show he took this loan as it was so long ago and could not remember having the loan. I not heard anything in regard to this letter.

I've just today received a letter for him saying 'Do Not Ignore', and that 'every opportunity had been given' and saying that they will be sending debt enforcement officers round, CRB will register the debt and that court and solicitors costs will increase the debt.

I feel like I am going around in circles, I am clearly not getting any message across and they are ignoring my letters, hubby is saying that he has not had this money and we are asking for proof (the reason for this is his brother has in the past past off debts as being my husbands and has debt people after him before for debt not his!! We NEED proof!!).

So what should I put in the letter. Can anyone help, please?

I am going to send a copy of letter from Mr X that states that has the details on - sorry but a letter stating you owe x from 22.02.1991 for xx items is not enough, I want a signature for it. Is that too much to ask in light of what his brother has done?? How do you prove you have not had the money without documents, is their word enough??

Anyhow I've dug it out and the letter from 5th August says 'even though your debt may be time barred for civil recovery action in the county/sherriffs court the secretary of state still has the right to deduct any money outstanding from benefit which you may become entitled to in the future. The departments right to recover the debt is not statute barred at any point as a court order/decree is not required to impliment deductions. The law still allows us to write to you periodically and we can seek other methods of recovery if we feel that it will assist us in collecting these debts including passing the case to private sector debt collection agencies'.

I just feel I am going around in circles, they are clearly ignoring any request for proof we owe this money and they are going to continue to hassle us with threats of solicitors and court costs when their latter states they cannot enforce this debt through the court. This is the 8th letter I've responded to when I send this letter. So what can I put to get them to take notice and give me the details. I guess I have to send them recorded delivery - a few I've just sent 1st class - stupid of me. It seems to matter not whether they have any details they can just persue you anyhow. We are hardly ignoring it if we have answered every single letter!!

Please help. I do not want to get in trouble when we are not ignoring them. I answer all the letters within 24 hours of getting them.

Are we expected just to pay up and not make a fuss? Are they exempt from any sort of rules and regs regarding debt collection??

PS. Sorry it is long.

blue_monkey_2

I have to admit at this point I am tempted to offer them £5 a month just to get some peace.

Which is not the right thing to do I know, but it is driving me nuts. I cannot speak to them and hubby refuses to speak to them as he says he does not owe the money so they can shove their threats! I am writing the letters for him.

Is it better to offer a small monthly payment just to get some peace? Or not?

GeorgeUK

If you are sure this is not a debt you owe, then they are in breach of the Data Protection Act s.10

SECTION 10 - Right to prevent processing likely to cause damage or distress.

(the text below takes into account any amendments made by the Freedom of Information Act 2000)

s.10(1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and (b) that damage or distress is or would be unwarranted.

s.10(2) Subsection (1) does not apply-

(a) in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

(b) in such other cases as may be prescribed by the Secretary of State by order.

s.10(3) The data controller must within twenty-one days of receiving a notice under subsection (1) ("the data subject notice") give the individual who gave it a written notice-

(a) stating that he has complied or intends to comply with the data subject notice, or

(b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

s.10(4) If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.

s.10(5) The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.

END OF SECTION 10

They have not provided proof that the debt belongs to your husband and are threatening court action while your husband has informed them that he is not liable for this debt. I suggsest he requests they remove all information relating to him from their databases and will be informing the ICO if he has not received confirmation that this has been done within 21 days.

blue_monkey_2

Thanks you so much for your response.

I'll compose another letter tonight to get sent to them. Again. It is just so frustrating to send letters time and time again and from them to pass it from one person to another who again starts chasing with the same letters - and to be told we are ignoring the debt when all we want to know is if it is his. If it is then we will pay it. But we need to make sure.

I'll send the letter, keep a copy and sent it recordered delivery and if the DC come around I'll show them that we are disputing the debt as we have no proof of the debt.

It does scare me that they can just issue demands and keep on chasing and not providing proof and then just take it from his pension whether or not they say he owes it. I guess it shows how desperate the government is to rake in cash from people - whether they owe it or not!! I wonder when they'll start chasing people for debts they have actually replaid and not provide the proof. This Government gets worse by the day!

PS. Who are the ICO so I know what I am talking about when I make a note of this in the letter.

GeorgeUK

ICO - Information Commissioners Office
http://www.ico.gov.uk/

If they are holding incorrect details on their database about your husband (that he owes this debt) then they will need to remove it to comply with s.10 of the DPA. The ICO enforces the act - as you have requested proof many times and have been constantly ignored, the ICO should look into whether the information held is correct or not.

blue_monkey_2

Thank you. That really is helpful, I feel a lot more positive about getting it sorted now.

dancingfairy

Good luck - it sounds like a nightmare.
df

blue_monkey_2

They are a law to themselves it seems!! They threaten you with court action when they have stated in another earlier letter that they actually cannot get the money back through the courts. I dod not think that DCA were allowed to do this - but it seems that the Goverment are allowed. Because they can.

Thanks for the post. I will come back and let everyone know what they say. x

blue_monkey_2

Hi again,

I sent the letter to DWP and they have sent another letter back (opening name on the letter is incorrect) saying 'as we were unable to contact you by telephone' - they have never tried, they do not have our number - please call us on xxxx

I have asked the for the information in writing, they are now wanted to harass us by telephone so I want to send another letter saying no, I want the information of this money being owed in writing. I know that DCA cannot call and you can request in writing only so I was wondering what the specific act was that I can ask them to comply to.

I know it is another delaying tactic as I gave them 21 days but I'll give them 14 days and then after the New Year I will report it.

I am assuming it is my right not to speak to them on the phone the same way it is with a DCA. How can they give me copies of this 'loan' over the phone anyway?

halight

Hi
Sorry i can not offer any advice. But i would just like to wish you the very best.
Good luck and please let us know how you get on.

blue_monkey_2

Of course I will, thank you for your post. I think the first letter worked as the threatening letters have stopped. That is one bonus I guess.