Iqor DCA - unproven benefit overpayment 15yrs ago

adouglasmhor

ILW wrote: »

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

I wish I was rich enough to be so cavalier with money. OP has allready said they never had a crisis loan form DWP.

peainapod

Don't just pay it, not for the amount but for the principal ! Imagine if they did that to 10.000 people who said I'll just pay it, they'd make a fortune !
I seriously doubt they'll take you to court for the sake of £40, if the debt is time barred then they can't take you to court for sure. Call debtline
they're great people and they know what they're talking about. I'm pretty sure they'll tell you what I've just told you.
Also if the phone calls are that many its harassment. Debtline will also tell you how to put a stop to that, because there's a certain number of times they can call before you can get them done for harassment.
Call debtline on 0808 808 4000, they're great I used them couple of years ago and they give you loads of information, tell you the best thing to do next and will also send you out loads of info in the post to help you, including template letters etc to fight this.
Good luck !

mcjordi

standard prove it letter to be sent off.. if you did get a crisis loan they will most likely still have the paperwork somewhere with signature..

Tygermoth

Thank you all for your replies and taking the time to discuss this matter. I am supremely grateful.

Regarding just paying them… well..

1. I don’t have £40

2. On doing research on Iqor they have been 'allegedly' known to deduct monies from your card after payment for spurious reasons, random fees and interest. which they then ignore your complaints. If you pay directly (which would be the best option) they don’t stop hounding you anyway for their 'fees'

Also just paying to make them go away is me making their job profitable by giving them £40 for nothing! I have never had a crisis loan, or a loan of any description from the social fund. However their response is its on the system, it was issued and although it was 15 yrs ago and we cant prove it, it’s the countries money so pay.

As I work in a regulated industry and I am credit checked yearly (This years is going through now) I need to be SURE this will not impact my rating. Once I know this for fact I will just read the letters respond with 'not my debt, time barred, f'off' to each one and carry on happily

Lucky my home phone is broken, so they can ring for ever and I wont even know

* I notice when I put letters from debt collectors in my log burner they burn like mad, more though than ordinary mail….. going back to whence they came perhaps?*

Happy Christmas all

UnderPressure

fermi wrote: »

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.

Hi Fermi

Sorry to go off topic a little OP.....................

Would this apply to tax credits as well? I know they are administered by HMRC but most people would in fact class them as being a benefit of sorts?

The reason I ask is I have noticed quite a few threads on here lately demanding overpayments from the years 2000, 2001, 2002 & 2003 in fact if they are classed as a benfit then these would be statute barred as well?

Just occurred to me after reading your post and knowing you generally know your stuff thought it would be a good question to ask

fermi

UnderPressure wrote: »

Hi Fermi

Sorry to go off topic a little OP.....................

Would this apply to tax credits as well?

Yes, TC overpayments can be statute barred.

http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm595080.htm

DMBM595080 - Pre-enforcement: Limits in enforcement proceedings: Limitation legislation

Limitation Act 1980

England and Wales

Debts that are not tax

In England and Wales only, the Limitation Act 1980 provides that recovery action for debts should commence within six years from the debt becoming payable. But Section 37(2) of the Act excludes proceedings for recovery of tax or duty and interest on tax or duty thus there is no time limit for those debts.

Other debts that are not tax, for example

• contract settlements
• tax credit overpayments
• Child benefit overpayments
• National Insurance Contributions
• Statutory payment recoveries (Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay)
• overpaid Child Trust Fund contributions
• Student Loan repayments and
• National Minimum Wage Act penalties

are subject to the Limitation Act, and action must be taken within six years “from the date on which the cause of action accrued”. In this context the date on which the cause of action accrued is the original due date of the liability.

If an action is not taken within the time limit, it could be defended successfully on the grounds of limitation.

The date for limitation may be advanced by a number of means;

• payment made against the debt (where tax and NIC are being collected alongside each other, unless a debtor specifies otherwise, assume that any payment on account is made against both)
• acknowledgment of the debt - the acknowledgment must be both explicit and unequivocal. Contact the Enforcement Technical Team, Shipley if you have a case to which this might apply
• where the debtor has concealed any material facts in relation to the debt which prevented the creditor pursuing the debt from the date it should have been paid. Consult the Enforcement Technical Team, Shipley if you have a case to which this might apply.

UnderPressure

Hi Fermi

That is handy to know although after sitting down and thinking about it this would only stop them taking you to court to try and enforce the debt I dont suppose it would be of any protection with them simply deducting it from what you are now in receipt of?

Similarly with the crisis loan issue from the OP if they were still claiming benefits I supoose they would just help theirselves and deduct it at source.............

Nice bit of knowledge though

fermi

UnderPressure wrote: »

That is handy to know although after sitting down and thinking about it this would only stop them taking you to court to try and enforce the debt I dont suppose it would be of any protection with them simply deducting it from what you are now in receipt of?

Exactly.

It's not a case of the Limitation Act meaning that legitimate benefit overpayments/debts it shouldn't be owed/paid. Instead it's about what can be done to enforce payment.

I just don't appreciate.

- DWP staff either being ignorant of what enforcement action is possible, or even worse perhaps deliberately trying to mislead on that.
- The same (and often more) from aggressive debt collection agencies.