£10 & data request sent but the money has been taken against 'debt'. What now?

blue_monkey_2

:mad: :mad: :mad: :mad: :mad: :mad: :mad:

I feel like I am pulling my hair out with this situation with the DWP and their so called 'debt' from 1990. I am also tempted to pay but I feel that if we do just because it is easier then they get away with doing this to others and so I feel that we must fight this.

Last week we sent £10 and the letter asking for all the info they have on the debt and my husband, etc... The payment was for the processing fee and I sent a letter as recommended on this site.

However, today we've received a letter saying 'thank you for your payment of £10. This payment is received without prejudice to any further action that may be taken in relation to this debt.

I am now extremely :mad: :mad: :mad: with them. So they have taken the money, not sent the information we paid for them to send and have used it to offset a debt that is in question - for which they still refuse t give any information for. What the boody hell!!?? They are a law to them bloody selves aren't they???? And I laugh whenever they say on the TV that they are cracking down on companies who try and claim bdebts by scrupulous means. They should start with themselves.

I put a note in the letter to say that because all previous correspondance has been ignored in relation to the information we have requested (what it was for and when, etc...) then if they did not comply within the 40 days I would be going to the ICO and my local MP.

Is there anything further that I need to do before I do the above. My husband is in a union that is not related to his work now but they have a legal helpline where they do all of this for him, do I get them involved now. I am absolutely fuming over this, I know there is nothing I can do right now but wondered what the next step should be and what I tell the ICO as I've never had to do this before.

Can someone please advise me.

Thanks.

blue_monkey_2

I wanted to update on what was happening with this now:

Hubby got in from work tonight and said he was calling them as he had enough. He spoke to a lady in the debt collection department (the number on the letter) and she gave him 2 numbers to call 'as she was not sure where the details were held', she had no inofrmation there. So he called another department - this turned out to be the claims department of the Job Centre Plus (don't know, we have no idea either). The chap on the other end of the phone said it was madness that they were claiming this money and not to pay it in any circumstances. He told us to write to the DWP and tell them were were going to be in touch with our MP as there is no way they would even hold any records after 7 years - let alone 18 years - for them to send to us. So they were chasing money they had no proof themselves we owed.

My husband said that he was fed up with it and tempted to pay and the chap said not to in any circumstances and he could not believe they were chasing something this old as they would have no proof of the money being owed. He could not beleive that they cashed the cheque we sent and used it towards the cheque as this is against the law (??) they did not mention what they would be doing in respect to paying this back though. I'll have to get onto that as well.

But this advice was from the claims department of Job Centre Plus. The Debt Collection Department are 'handing this back to Norwich' as they have no record of this being my husbands debt and certainly have no proof, the woman did not even know what the money corresponded to nor where we should go to for the proof apart from the the claims department of Jobcentre+

So, I guess this means we are halfway there. It just goes to show, we could have paid this - and very nearly did - because we were sick and tired of the harassment when in fact they do not have any proof of the debt actually being my husbands. So now we have to sort this out with the MP and go from there.

Merlinexcalibur

Oh, dear. Did anyone not give you advice on it being statute barred, 1990? 19 years ago for example. Or that DWP has to prove it's yours.

I am afraid that abusing your SAR request fee is very common. They do it on purpose.

Okay, quickly reading through your post(s) whilst typing this. It would seem they are purusing you for a non-existent debt? DWP is poorly organised ... sorry, but is, I worked for them once and saw it from the inside. Chaotic isn't the word to use.

It sounds very much like their own !!!! up which they are not trying to either cover up or evade responsibilities. You may be able to ask for an audit somehow. Someone from DWP told me that once so things can be traced backwards in their records.

Anyway, looks like your getting somewhere so you don't need me confusing you. lol

blue_monkey_2

Thanks, yes, this was the first letter we replied to and got an answer from. They told us that although it was an old debt it would never be statute barred (something to do with the Secretary of State) and although they could not persue it through the court benefits received at a later date would have the money deducted. Likewise they were free to sell the debt onto a DCA and they COULD persue it through the court.

Since then it is the same letter from a different person so we have to reply and ask for the information again. And then it will come from someone else.... and so on.

The bloke at JCP more of less said the same thing that you did in your message, you have not confused me don't worry. But I thought it would be good to follow up as there is a lot of this going on at the moment and someone else might need to know what to do. I found someone else on another board who has the same thing happening.

Labour are clearly getting desperate for cash and are scrabbling around for pennies at the back of the sofa to help them out.

GeorgeUK

Hi BM, can't believe this still hasn't been resolved or that they assigned the fee payment to the balance.

They had 40 days to provide that information to you. As soon as the 40 days are up, contact the ICO as they must still comply with the Data Protection Act.

Put on some heavy boots and prepare to kick butt.

blue_monkey_2

Thanks George, I am going to get the MP involved now, JCP told us to send copies of every single letter we have sent them and the replies we have received and send them to the MP and let her sort it out - as if the MP gets involved they have to act.

Just doing the laces up now