Had a letter regarding ancient 'debt'

skintbex

This morning, I got a letter from Fredricksen International, claiming they are acting on behalf of the DWP regarding an alleged debt of £116.50.

I do recall the DWP getting in touch with me a couple of years abck, and telling me the debt related to 1991!!!!!

Of course, I cannot remember this, and have no idea what they are talking about. After telling the girl I had no recollection of a debt, and that given the length of time it had taken to contact me, surely it was unenforceable, she rather snapplily told me that debts to the government never go out of time (which is a lie, I work for the government and we can't collect debts over 3 years old...)

Have heard no more about it until today, with the usual Do Not Ignore, Set up a payment now etc etc etc thing.

What can I do to get shot? I hate ringing up these collection agencies because I end up losing my rag, it's an 0845 number so they can shove off, and I've never admitted the debt to the DWP (or DHSS as it was then), because I honestly can't remember that far back!!!! :mad:

missworks2jobs

Sounds like a statute barred letter needs to be sent recorded delivery, if you have no idea what its for and its over 6 years....then they pretty much cannot touch you. Im sure someone will be along soon to give you the link to the template letters. Do not call them, do it all by post (recorded too) if they still persue you for this debt and it is from 1991 and you've not heard from them since then or had nothing to do with them or paying the debt then they cant chase you for it. If they still try after you send the template letter...threaten them with the financial ombudsman or some other regulatory body. People cannot just call you up asking for money without any proof the debt is yours or what it is for. Dont they usually send a copy of the original agreement (i.e. explaining what it was originally for and with a date & your signature on)??

missworks2jobs

Here's the link to the Statute Barred letter.........this should get them off your back. Send them the letter recorded delivery (so you can prove they've received it) do not contact them by phone esp if its an 0845 number.
http://forums.moneysavingexpert.com/showpost.html?p=33791957&postcount=25

redpete

skintbex wrote: »

After telling the girl I had no recollection of a debt, and that given the length of time it had taken to contact me, surely it was unenforceable, she rather snapplily told me that debts to the government never go out of time (which is a lie, I work for the government and we can't collect debts over 3 years old...)

Maybe not a lie, look here which includes...

Benefit Overpayments & Social Fund Loans
The Department for Work and Pensions (DWP) has six years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over six years old as they don't need to go to court to do this. This applies to overpayments of benefit such as Income Support, Jobseeker's Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and paying back social fund loans.

skintbex

redpete wrote: »

Maybe not a lie, look here which includes...

Apparently so, however I've not claimed any benefits since 1992 so that wouldn't have been an option for them. I just wonder why they've decided to contact me in the last couple of years? They've managed to find my current address, it wouldn't have been that difficult for them to do back then, surely?

I'm aware they can't collect through thte legal system, but they are getting a debt collection agency to do it instead..

mr.ton

I would make complaints to all the relevant authorities about Freds...and even make 1 about about the wretched DWP as well.

DarkConvict

DWP payments can go statute barred. Basically they cannot get a CCJ to recover the funds. However the money is still owed, so if you are ever to claim benifits then this debt gets paid first before any money is given to you. Thankfully its a low amount, but some people in debt can have a large DWP overpayments and then need benifits, only to find for several months they don't get a penny as its paying off the backlog first.

mr.ton

The secret with the DWP is to cause as much of a fuss as possible - they dont like that...

DVardysShadow

I would go with the 'prove it' letter, rather than Statute Barred. It may be that all they have is a record of a debt and no supporting evidence.

skintbex

THanks all - yes, think I'll wait till I get another letter from Fred then start sending the complaints out - I get a bit narky when people try to threaten me over something they can't seem to prove

skintbex

Oh surprise - the 'Letter BEfore Action' has arrived today - time to start sending letters.......