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fermi

Only slight fly in that ointments is that DWP can now apply for a direct earnings attachment from your wages. Under a new part of the law that has been trialled. That doesn't require legal action for DWP to do, so it isn't affected by that statute barred status of the debt.

Not seen or heard of many of those happening yet, so it is probably only a very slight possibility for now.

National_Debtline

fermi wrote: »

Only slight fly in that ointments is that DWP can now apply for a direct earnings attachment from your wages. Under a new part of the law that has been trialled. That doesn't require legal action for DWP to do, so it isn't affected by that statute barred status of the debt.

Not seen or heard of many of those happening yet, so it is probably only a very slight possibility for now.

Hey Fermi,

To my knowledge we have not encountered any of these yet either.

- David.

fermi

Yes, I think I've heard a couple of unsubstantiated claims that they've been used so far, but nothing in the slightest bit concrete. They are on the statute book though, so would imagine that will change at some point......

poppasmurf_bewdley

The Statute Barred law doesn't apply to debts owed to the DWP or any other government agency. Any debt remains due, and can, ultimately, be collected by deductions from your State Pension if and when you are old enough to receive one.

I seriously doubt the DWP have sold the debt to the collection agency. They will be simply acting as agents for the DWP.

fermi

poppasmurf_bewdley wrote: »

The Statute Barred law doesn't apply to debts owed to the DWP or any other government agency.

Not true. Debts to DWP can be statute barred like any other.

The legislation on a debt being statute barred is all about legal action being taken, or more precisely barred. That is what "statute barred" means. Nothing else. There is no exemption for DWP debts.

The ONLY exemptions regarding government/crown debts are:

(a) any proceedings by the Crown for the recovery of any tax or duty or interest on any tax or duty;

(b) any forfeiture proceedings under the customs and excise Acts (within the meaning of the M16Customs and Excise Management Act 1979); or

(c) any proceedings in respect of the forfeiture of a ship.

poppasmurf_bewdley

fermi wrote: »

Not true. Debts to DWP can be statute barred like any other.

The legislation on a debt being statute barred is all about legal action being taken, or more precisely barred. That is what "statute barred" means. Nothing else. There is no exemption for DWP debts.

The ONLY exemptions regarding government/crown debts are:

Sorry, I didn't put it right. The debt can be statute barred but the DWP can still take the money back by deducting from benefits without any restriction on time: The DWP has 6 years to take action through the courts to recover benefit overpayments and social fund loans.

But the DWP are still allowed to make deductions from your benefit for a debt over 6 years old as they don’t need to go to court to do this. This applies to overpayments of benefits such as income support, job seekers allowance, pension credit, housing benefit, council tax benefit and paying back social fund loans.

fermi

National_Debtline wrote: »

Hey Fermi,

To my knowledge we have not encountered any of these yet either.

- David.

Getting under way now it seems?

http://www.legalbeagles.info/forums/showthread.php?48780-DWP-NEW-LAW-Force-earnings-attachment-on-15-yr-old-debt!!

https://forums.moneysavingexpert.com/discussion/4951604

National_Debtline

fermi wrote: »

Getting under way now it seems?

http://www.legalbeagles.info/forums/showthread.php?48780-DWP-NEW-LAW-Force-earnings-attachment-on-15-yr-old-debt!!

https://forums.moneysavingexpert.com/discussion/4951604

I think you're right, since I wrote that post we've had a few callers telling us that this has happened to them.

- David.

Martycoll

Hi, just an update guys, what should my next step be?
Just arrived back home to a card in my letter box from an agent from CSL, saying they called at my house to collect the full amount but I wasn't at home, leaving a mobile number for me to call to arrange another visit from their "free collection service"