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Old Soical Fund Loan Unpaid Threat

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Comments

  • I don't see how DWP can possibly enforce recovery of this debt. Your Social Fund application form, the acceptance letter & the giro have long since been destroyed.

    With no paperwork the debt is irrecoverable & I'd imagine any judge worth his salt would throw it out of court, in the unlikely event it went that far.
  • woodbine wrote: »
    There have been many discussions about this on this forum in recent months and the consensus of opinion is that they cant be statute barred

    with all due respect consenus of opinion is not the same as right under law, this is covered under the social security administration act and therefore comes under the limitations act. Whilst the act bars recovery through the court after the stated time it does not remove the right to continue to try and recover overpayment.
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    helly12 wrote: »
    with all due respect consenus of opinion is not the same as right under law, this is covered under the social security administration act and therefore comes under the limitations act. Whilst the act bars recovery through the court after the stated time it does not remove the right to continue to try and recover overpayment.

    I do think you are correct.

    Woodbine, I used to think the same as you on this but I do think the above is in fact correct.
  • healy wrote: »
    I do think you are correct.

    Woodbine, I used to think the same as you on this but I do think the above is in fact correct.

    I hope it is,but i was just going off what I have read on this and other forums in recent months,as the dwp seems to be chasing debts from years ago in far too many cases.
    But wouldnt you agree that even if these debts cant be legally enforced that there is a moral abligation for people who have been helped out by the state even many years ago to repay that debt if at all possible?
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    The way I see it is that if people are on benefits they can just deduct money anyway however old they are. Yes I agree they should be paid back.
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