social fund loans

liannee22

HappyMJ wrote: »

Why don't you let them take you to court then they will need to prove you took them out to the judge. If you genuinely do not remember then they will not have proof so ignore them until that day.

A judge will not issue a CCJ without proof of a debt. A lot of the wording of DCA letters is to scare you into paying. Once you have been taken to court and in the very unlikely event that a CCJ is granted you can still pay it off (quickly) and not have a CCJ recorded against your name.

oh really, i was not aware of that, i thought once you got a ccj that it was recorded against you for 6 years, will i not be stung with all the court fees and things then as well??

27col

Either you owe the money or you don't. If you don't, then you have nothing to pay. If you do owe the money, then surely they can prove it, and indeed, should have to do so. Saying that I can't remember is hardly a defence against a demand from a creditor. But asking for them to prove that the loan existed would seem to be a completely reasonable thing to ask.

liannee22

27col wrote: »

Either you owe the money or you don't. If you don't, then you have nothing to pay. If you do owe the money, then surely they can prove it, and indeed, should have to do so. Saying that I can't remember is hardly a defence against a demand from a creditor. But asking for them to prove that the loan existed would seem to be a completely reasonable thing to ask.

as i have stated above i was in a very bad place when i was 16! i do not remember taking out these loans, the things that they state i took the loans out for are not things i would of needed.
And i have sent a letter to both the debt collectors and the social fund department of DWP asking for proof that it was me that took out the loans, and copies of the signed cash giros. It was 16 years ago! can you remember what you done when you were 16??
I have never had any problems with loans, debt collectors or anythink like this before that is why i turned to this forum for help and advice as the CAB were useless...

MonkeyMad

I don't know how DWP know what you wanted the money for, but is it possible that you did not use the money for the purposes of the loan which is why the double bed makes no sense?

liannee22

MonkeyMad wrote: »

I don't know how DWP know what you wanted the money for, but is it possible that you did not use the money for the purposes of the loan which is why the double bed makes no sense?

they have sent me out an itemised list of what the money was for, but as yet have not sent me out any signed paperwork.

fatbelly

liannee22 wrote: »

Because it looks like i have no option? i dont want a ccj registered against me for the sake of £368.

Liannee - I and several others have told you throughout this thread that no-one can get a judgement (ccj) against you for this alleged debt as, even if it is valid and it's yours, it is statute barred. They are out of time and are prohibited from obtaining a court order (and hence bailiffs, attachment to earnings etc etc) under the Limitation Act 1980 (see earlier link)

They can take a deduction from certain benefits if you get an award of these at some point in your life. Or you can agree to make voluntary payments.

But it is not true to say that you have no option. You have 3:

Refuse to pay
Pay in instalments on a voluntary basis
Pay in one lump sum on voluntary basis.

And as a general rule - don't take debt advice from a debt collection agency!

liannee22

fatbelly wrote: »

Liannee - I and several others have told you throughout this thread that no-one can get a judgement (ccj) against you for this alleged debt as, even if it is valid and it's yours, it is statute barred. They are out of time and are prohibited from obtaining a court order (and hence bailiffs, attachment to earnings etc etc) under the Limitation Act 1980 (see earlier link)

They can take a deduction from certain benefits if you get an award of these at some point in your life. Or you can agree to make voluntary payments.

But it is not true to say that you have no option. You have 3:

Refuse to pay
Pay in instalments on a voluntary basis
Pay in one lump sum on voluntary basis.

And as a general rule - don't take debt advice from a debt collection agency!

ok thanks, i will refuse to pay until they can prove that it was me who took out these loans, and what to see what response i get from the letters i have sent, im just very worried!

dmg24

Orville wrote: »

Well if she has stated she does not remember having these loans, how the ell would she know..? Your post like most makes no sense.

But then where your concerned......................

Jog on.........

Orville, your obsession flatters me greatly, as does that of dpassmore (or whatever he's called now), who claims to have me on Ignore but still checks all my posts and thanks anyone who disagrees with me! Seriously, funny ...

Apples2

Isn't it reasonable to suggest you may have lied on the application? i.e tell them it was for a bed as that would give you the most chance of a successful application but then spend it on something else?

I find it difficult to believe they have simply plucked your details out of thin air and decided to accuse you of having these loans.

That said, of course there must be evidence to support their claim.

viktory

liannee22 wrote: »

oh really, i was not aware of that, i thought once you got a ccj that it was recorded against you for 6 years, will i not be stung with all the court fees and things then as well??

If it got to the stage of judgement against you and a CCJ but pay within 30 days the CCJ will not be registered against you. You will have to pay the court costs as well though. If you do not pay the full amount (including court costs) within 30 days then the CCJ will be registered against you for 6 years.