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D.w.p
Comments
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I know , i agree with you no offence intended , it was not aimed :beer:directly at youI am perfectly chilled Wrinkles. thanks.
I was trying to help anyone see, that i had in fact said "as far as i know" because i was not 100% sure of the facts and would hate to mislead anyone.GRADUATED FIRST CLASS WITH HONORS FROM THE SCHOOL OF HARD KNOCKS RECOMENDED READ IF BY RUDYARD KIPLING0 -
Not at all true.
DWP debts certainly be statute barred.
But I think it's getting mixed up/misunderstood what the term "statute barred" actually means.
It simply means that action through the courts is barred. As such, DWP debts can be "statute barred".
When a debt is statute barred, what other means that don't involve the courts may be taken to recover it is a different matter, and varies with the debt.
As in this example, it can be recovered from future benefit entitlement.
I will be the first to admit that i dont know very much about debt etc, but after reading many posts, i have seen somewhere it says that anyone who tries to pursue a debt that is statute barred, is actually doing something illegal, but reading this, it wouldnt seem so. It would seem that a DCA is perfectly entitled to try and claim that money. Or am i totally missing the correct point?.. :think:If you can, help others; if you cannot do that, at least do not harm them~Dalai LamaHow people treat you is their karma; how you react is yours~Wayne DyerLet none find fault in others. Let none see omissions and commissions in others. But let one see one's own acts, done and undone~ch4 vs500 -
I know , i agree with you no offence intended , it was not aimed :beer:directly at you
None taken whatsoever Wrinkles, thank you. :beer: If you can, help others; if you cannot do that, at least do not harm them~Dalai LamaHow people treat you is their karma; how you react is yours~Wayne DyerLet none find fault in others. Let none see omissions and commissions in others. But let one see one's own acts, done and undone~ch4 vs500 -
Thanks again guys for all the info ,so reading between the lines I would be beter to pay them once they can prove to me that the debt is mine? and what about the threat of passing the debt to a debt collection agency,will thay charge any intrest on any monies owed?0
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If they prove the money is owed by you , it would be best to pay up , A debt collection agency could not charge any interest , If a debt is statute barred , they can ask you to pay but can not pursue you through the courts , if you choose not to pay they can deduct money from beneffitsThanks again guys for all the info ,so reading between the lines I would be beter to pay them once they can prove to me that the debt is mine? and what about the threat of passing the debt to a debt collection agency,will thay charge any intrest on any monies owed?GRADUATED FIRST CLASS WITH HONORS FROM THE SCHOOL OF HARD KNOCKS RECOMENDED READ IF BY RUDYARD KIPLING0 -
Thanks Wrinkles0
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I will be the first to admit that i dont know very much about debt etc, but after reading many posts, i have seen somewhere it says that anyone who tries to pursue a debt that is statute barred, is actually doing something illegal, but reading this, it wouldnt seem so. It would seem that a DCA is perfectly entitled to try and claim that money. Or am i totally missing the correct point?.. :think:
Attempting to collect a statute barred debt isn't illegal.
But the OFT has this to say about collection of such debts by debt collectors and other consumer credit license holders.2.14 In the past we have dealt with a number of statute barred debt cases governed by the Limitation Act 1980, which applies to England and Wales.
Based on that experience our position with regard to England and Wales remains:
a. we accept legally the debt exists
b. it is the methods by which the debt is collected that can be unfair as follows:it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period
if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt
it is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and
continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Fermi is it the same for Scotland?0
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And, as said, all the above does not apply to DWP deducting from future benefits.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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