Iqor DCA - unproven benefit overpayment 15yrs ago

Tygermoth

Dear all,

Its been some years since I had debts (thanks to MSE) So was a touch shocked to be contacted by Iqor in relation to a debt 15 yrs old.

The sum in question is a huge £40! and relates to a alleged benefit overpayment - on contacting the Benefits Agency they advised they could not provide substantiation of the debt but the system notes it is owed in relation to a crisis loan (I have never had a crisis loan) They also advised benefits don’t have to fall inside the statute of limitations and as such are not time barred. However he did agree that they could hold the sum on my records and it would just be deducted when If I had ever need to claim JSA/IS or Pension ect..

In light of them not being able to tell me where or when this 'loan' was undertaken I refused to settle this claim and he advised they would hold it on the account…. it appears however they have sold the 'debt' on to Iqor.

Sadly they have also provided them my telephone number which would be ringing off the hook (if my home phone was actually working at the moment) As it is the call history notes 25 calls in the last two weeks.

They managed to catch me once and the Lady in question was very rude and called me a leech! taking money from the state and refusing to pay it back!

I tried to explain, if some one you did not know called you up, told you allegedly owed them money from 15 years ago, could not prove it but aggressively responded with your reasonable explanation for not handing over any payment card details…

The 'Lady' at this point advised I was racking up interest, admin fees and charges by not settling (they now want £80) and that I could have a CCJ/affected credit history.

Now my question is can they do this?

fermi

Tygermoth wrote: »

They also advised benefits don’t have to fall inside the statute of limitations and as such are not time barred.

That is rubbish. They are telling you blatant porkies there.

Tygermoth wrote: »

Now my question is can they do this?

Do what exactly?

PNPSUKNET

they are right benefit / social recovery doesnt expire.

fermi

PNPSUKNET wrote: »

they are right benefit / social recovery doesnt expire.

Utter and complete nonsense.

Tax and duty owed to the crown have a specific exception under the Limitation a Act 1980.

Benefits absolutely do NOT.

PNPSUKNET

its all todo with social fund though

fermi

PNPSUKNET wrote: »

its all todo with social fund though

Which can be statute barred just the same as any other debt, which simply bars court action.

See: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

12bdebt3

Even when a debt is time barred the company still has right to seek recovery, just the inability to enforce the debt through court.

[Deleted User]

the dwp can recover the "debt"from future benefits at anytime they chose,and often will,as for a debt recovery co chasing you,personally id tell them to f off,ask them for proof of the debt that should shut them up.And complain to the dwp about them passing on your tele details,im sure this breaks some data protection law.

12bdebt3

woodbine wrote: »

the dwp can recover the "debt"from future benefits at anytime they chose,and often will,as for a debt recovery co chasing you,personally id tell them to f off,ask them for proof of the debt that should shut them up.And complain to the dwp about them passing on your tele details,im sure this breaks some data protection law.

No, DWP have agreements to pass debts they see as unable to recover to private companies.

fermi

arrontdep wrote: »

Even when a debt is time barred the company still has right to seek recovery, just the inability to enforce the best through force or court.

Obviously, yes. Subject to conditions from the OFT.

However...........

- DWP staff are either fibbing or ignorant when claiming that this debt cannot be time barred.
- Sounds as if neither DWP or iQor have any proof of this debt, and the OP disputes it totally anyway.
- The debt collector is threatening enforcement through the courts, when they are well aware that the debt is statute barred. I've seen iQor pursue a lot of these recently, and they know that their threats of court action are either nonsense or would be doomed to fail if defended in court.
- They are threatening to harm the OPs credit history. They can't do this except through a CCJ, which as said is at best a dubious/idle threat.
- There are no provisions for interest to be charged on this loan, so the collector is fibbing about racking that up.

And that's what just leaps to mind now.......

Definitely tell iQor that the debt is totally disputed, and would regardless be time barred anyway.

iQor should then refer the dispute and time issues back to DWP. If they don't, then they will be breaching several OFT guidelines.

ILW

For the sake of 40 quid I think I would just pay it.